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a) Discuss whether or not Gerrit has committed any torts. You must e specific and support your answers. Yes, he has committed tort because he grabbed something that did not belong to him. b) If the mechanics had thrown Gerrit off the property, would ABC be guilty of assault and battery? Explain your answer. Yes, if the mechanics had thrown him off, ABC would be guilty of assault, just by throwing him off the property, they will be committing both assault and battery, even if he did not got hurt either physical or mentally
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What is The concept of federal law taking precedence over state or local law is commonly called what?
The concept of federal law taking precedence over state or local law is commonly called "federal supremacy." This principle is established by the Supremacy Clause of the U.S. Constitution, which asserts that federal laws and treaties made under its authority take precedence over conflicting state laws. This ensures a uniform legal framework across the nation, preventing states from enacting laws that contradict federal statutes.
What does the US Constitution takes precedence over?
The U.S. Constitution takes precedence over, in order of hierarchy, federal statutory law, a state constitution, state statutory law, a local ordinance, administrative rules and rulings, and common law. It is the "Law of the Land." It is worth knowing that the Constitution does not take precedence of the Articles of Confederation where the Treasury was created, therefor the Treasury (IRS) is not bound to the limits of the Constitution nor are its Treasury agents.
Can federal law override a state constitution?
Yes, federal law can override a state constitution if there is a conflict between the two. Federal law, as established by the U.S. Constitution, is considered the supreme law of the land and takes precedence over state laws or constitutions.
Did Chief Justice John Marshall insisted that federal laws were superior to state laws.?
Yes, in the sense that the Article VI, Supremacy Clause of the US Constitution holds the Constitution, federal law and US treaties take precedence over state laws when the two were in conflict.
Can a state law override a federal law?
Yes, a state law can be overridden by a federal law under the Supremacy Clause of the U.S. Constitution, which establishes that federal law takes precedence over conflicting state laws.
Is federal or state the highest law?
Federal law takes precedence over state law.
What does the constitution say about which law shall predominate if there is any conflict between ls?
It says that federal laws takes precedence over a state law. This is known as the supremacy clause.
Can a State agency regulations take precedence over conflicting federal agency regulations?
No, federal law prevails over conflicting state regulations due to the Supremacy Clause of the U.S. Constitution. State regulations that conflict with federal regulations are considered preempted and are generally not enforceable.
How many courts in the US have judicial review?
It would be impossible to ascribe an exact number to answer your question. All courts of general jurisdiction have the power of judicial review, but the final arbiter of federal law and the US Constitution is the US Supreme Court, and the final arbiter of state statutes and the state constitution is the state supreme court (or equivalent), unless the state statutes or constitution conflict with the US Constitution over issues that could be considered federal questions.
Which law should be followed if a state law conflicts with a federal law?
If a state law conflicts with a federal law, the federal law should be followed. This is because the U.S. Constitution establishes federal law as the supreme law of the land, and it takes precedence over state laws in case of a conflict.
How does article VI of the constitution resolve conflicts between state laws and federal laws?
federal laws take precedence over state laws. Why you all up in my grill? homey g dog yo!
Does the federal law definition of mobile home take precedence over a state law defining mobile home?
When there is a conflict between federal and state laws, the Supremacy Clause of the U.S. Constitution dictates that federal law takes precedence over state law. However, it is best to consult with a legal expert to specifically determine how the federal law definition of mobile home may interact with a state law defining mobile home in a particular situation.
