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Federal Laws

The laws and regulations set by the United States to apply to all of the people in the country. These are the supreme laws of the United States and take precedence over all other laws, rules, and regulations.

3,586 Questions

What are the importance of precedents cases?

Precedents cases a case previously decided that serves as a legal guide for the resolution of subsequent cases.

Describe different roles of federal agent and state law enforcement officer?

A police officer their role is to protect and serve the people to make a place a safe place to live. The police puts away the ones that comits crimes in their area. The federal can go about anywhere to help out the state or local police departments. The federal they also at times have to go under cover just like the police to catch a person that has committed a crime, just like the police the federal is here to protect.

What is a legitimate policy?

The policy is something over which the government has power.

Are grand juries public knowledge?

If you mean an Indictment by a Grand Jury, the answer is yes. If you mean anything having to do with their deliberations, the answer is no - all of that is secret. In federal criminal cases, and in some state cases, a transcript of the grand jury proceedings which led to an indictment may be obtained through discovery by the defendant in his particular criminal case.

What is the typical sentence for harboring a fugitive in Alabama?

Customarily the 'stand-alone' charge would be a misdemeanor. HOWEVER - it could depend on the crime that the fugitive committed, and whether or not you were (or could be) charged as an 'accomplice' to their crime.

Can you pawn a gun not registered in your name?

Well now. The first part? It depends on where you live. It also depends on where the gun came from. I have quite a few that aren't registered to me, this is why....

Federal law does not require documentation when firearms are bought and sold within the framework of a private sale.

Federal law does not require documentation when a firearm is given to family members (within two places, i.e. Grandparent to Grandchild).

If the weapon is not stolen, then you have no more issues than anyone else. Assuming, of course, you abide by all state, federal, and local laws pertaining to carrying, concealing, and using your firearm.

What is the Federal statute of limitation on a civil conspiracy?

It's dependent on what state you live in. Civil rights lawsuits are really only applicable if you're dealing with a state or federal employee. You can't sue a private citizen for civil rights violations, but you would be able to sue a government employee or institution if your rights have been violated. You can probably do a Google search of "statute of limitations civil rights (State)" to start finding out the specifics for the state you reside in.

When must you provide a privacy act statement?

To anyone from whom you are collecting information that will be put in a system of records

What are examples of mala prohibita crimes?

The legal phrase is MALUM PROHIBITUM.

Malum Prohibitum is a Latin term meaning "wrong due to being prohibited."

It is used to describe something that, in and of itself, may not be inherently evil, but which is wrong simply because it is prohibited by law.

An offense that is malum prohibitum may not appear to violate moral standards.

Examples of acts which are mala prohibitainclude such things as; public intoxication, carrying a concealed weapon, speeding, tax avoidance, etc.

What is the inverse relationship between inflation and unemployment rates?

They are inversely related. High unemployment means lots of people don't have jobs. Because they don't have jobs their incomes are low. Low incomes means they can't spend much money on products. This means that demand in the economy will fall. This fall in demand will drive producers to lower prices...and therefore inflation falls.

So...

High unemployment = low inflation

Low unemloyment = higher inflation

What did the Reconstruction act do in 1867?

Nearly two years following the end of the Civil War, Congress finally forged a complete plan for reconstruction. Three measures were passed in 1867 as well as additional legislation the following year. The measures' main points included:

  • Creation of five military districts in the seceded states (not including Tennessee, which had ratified the 14th Amendment and was readmitted to the Union)
  • Each district was to be headed by a military official empowered to appoint and remove state officials
  • Voters were to be registered; all freedmen were to be included as well as those white men who took an extended loyalty oath
  • State constitutional conventions, comprising elected delegates, were to draft new governing documents providing for black male suffrage
  • States were required to ratify the 14th Amendment prior to readmission

When is the one time the Chief Justice presides over the Senate?

Article I, Section 3 of the US Constitution provides that the Chief Justice of the United States presides over the Senate trial if the House of Representatives votes to impeach the sitting President.

"The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.Judgment in Cases of Impeachments shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust, or Profit under the United States, but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment, and Punishment, according to Law."

Is a firework considered a firearm?

No. However, there are fireworks which have a sufficient yield to require classification as a Destructive Device by the BATFE.

When were the first antitrust laws passed in the US?

The Sherman Antitrust Act of 1890, the first and most significant of the U.S. antitrust laws, outlawed trusts and prohibited "illegal" monopolies.

Is a notice to consumer required for a federal subpoena?

No. Cases pending in the Federal courts, or to subpoenas which do not seek production of consumer records, do not require a notice to the consumer. But you must still give all of the parties notice that you are subpoenaing records.

How are the members of the Electoral College selected?

Each state is entitled to a number of Electors equal to the number of the Repesentatives and Senators it is entitled to. Washington DC is given 3 electoral votes even though it has no Representatives or Senators. The total number of electors is 538, which is why 270 electoral votes are needed to win. The Electoral College is made up of men and women who are chosen by each state's political parties to be the electors for that party's candidate. Shortly after the national Republican and Democratic Conventions, when the actual candidate for each party is determined, the State Republican and Democratic Committees meet separately to choose their respective electors. New Jersey has 15 electoral votes. The State Republican Party has chosen 15 persons to be its electors and the State Democratic Committee has chosen its own 15 persons to be the Democratic electors. If the Republican candidate wins the popular vote in NJ, all 15 Republican electors get to cast their votes for their candidate. If the Democratic candidate wins, then all 15 of the Democratic electors get to cast their votes. The Electoral College does not meet in a single place at the same time the way Congress meets. Each state's electors meet within their own states to cast their votes. The electoral votes are then transmitted to Congress to be counted.

Is it illegal to put trash into a mailbox?

Yes. This is a federal offense. Any tampering with or destroying or 'leaving little surprises in' a mailbox is a crime. Only the post office and the owner of the box should be putting anything in it.

Can derogatory items reappear on your credit report after it has been removed?

If a derogatory item has been removed from your credit report, it should not show up again if the situation was resolved. Contact the credit bureau and ask that it be removed.

Can a person convicted of a felony run for congress?

Yes, a person convicted of a felony can run for Congress. There are obstacles. Getting one's name on the ballot depends on state laws; in some states it is more difficult than others.

There is at least one case of a former convict being elected to Congress: F.H. Shoemaker, of Minnesota, was elected for one term in 1932, despite having served time in Leavenworth for mail fraud. A little research should turn up other instances.

Each house of Congress is the judge of the election returns and the qualifications of its own members, under Article 1, Section 5 of the United States Constitution.

Can a felon sell guns retail?

Purchasing a gun for another person is known as a straw purchase, and is highly illegal. When you factor in that you're talking about making this purchase for a felon - who, by federal law, is forbidden from purchasing, possessing, or having access to firearms - and you'll be looking at a lengthy stint in prison.

What is petite court?

Petite essentially means "small". In legalese, it essentially means, "not regular".

In olden times, petite courts, or "Petit Session Courts" were perfunctory courts dispatched on behalf of the king to pick up on civil matters that could include criminal matters; but were civil in the sense that they were subject to civilians who were given the right to make claims against the state or other parties. In short, they were courts meant to meet the needs of the people at a time when regular courts were not in session, and/or regular courts were alleviated from having to deal with, or never have dealt with before because there was no venue for the people to make a certain kind of grievance for a government department or project that did not beforehand exist. What it came down to was this: If the king never made a decree, then there was no impetus for complaints to levee against the king's decree (not that the decree was injurious or wrong; but that the king's decree created a right, entitlement, or issue never before realized), and so no special court is given yet to make amends for a decree that was never yet given.

In modern day parlance, Petite Courts have become known to be "Claims Courts" in the US Federal government. But state to state court systems may actually use that term for regular, criminal circuit courts because of the use of the "Petit Jury" found in such courts that can give the verdict of fault, innocence, or acquittal. Because of that common usage of Petit Jury it has come about to be deemed a "Petit Court Jury" even though it is that circuit court that is not doing a perfunctory role of a claims court. So the meaning has become blurred and ambiguous in common usage, and apparently so from state to state, because regular courts get referred to as "Petite" or "Petit" because of the trial by an impartial jury of peers to determine hazards of harm against persons. A lot of it depends on how the court originally came into existence and how it was restructured over time to the point the nomenclature (naming) of the court stuck with that office title for sake of consistency.

In the view of Common Law claims and issues collectively are known as "temporal affairs" because they often had nothing to do with moral civil codes of criminality. Often temporal affairs dealt with business commerce and the naturalization and services of subjects "citizens" of the state. In a court of law, a subject is the person or party who is filing the complaint, aka, the "Petitioner" and not the object of the case, the defendant or respondent in the notation of People (subject) vs. State (object). This seems counter-intuitive to us because we so often hear the term "subject of the king" or "subject of the state" in a manner that is akin to subservience or obedience.

Yet, a law abiding citizen has rights and entitlements due for obeying laws, and the Civil Law came about to help citizens have rights in court on the hazard of being found a law breaker because commoners tended to not now details of laws they never heard of or could ever to ignorant to comprehend. So Civil Law came into being to protect people with Due Process from the automatic prosecution by the king (the king arbitrarily throws in jail whomsoever he pleases) and injustice of bias by the court by the protection of a jury of peers whom likewise are subject to the same laws. Classic and perfunctory Petite Courts that process claims essentially are summarized and automated adjudication of the whole indictment, arrest, arraignment, court hearings, judgment, and sentencing process for sake of expediency and so often lack a lot of the familiar trappings that we know as being a court case; but it is still a judgment with the weight and affect of a court case. Filing to obtain something like a Driver's License is, in a sense, a claim and the license is a judgment that has such force that you are freely able to show it around as proof of citizenry, legal grant to drive on public roads, and identity to a host of organizations of all stripes.

Claims courts are rather different because there is no Grand Jury standing in the way of a citizen to review whether you have the right to make a claim or not. You just make a claim, and then the claim gets reviewed by an appointed authority. But the claims clerk acts like a Grand Jury by pre-qualifying that a claim is filled out correctly with all the proper evidence before sending the claim up the chain. Grand Juries throw out charges before ever reaching the court after arrest and arraignment to answer charges before a judge because when the people of the Grand Jury throw out a charge then there is no charge for the accused to give an answer to. In this, claims clerks are very important people you want to show your gratitude to because they sort of have the power of a Grand Jury rolled up in one person. They can stop your claim cold on their own judgment such that the government never is held in audience to give an answer to.

IS there a law that states that mailboxes must be at the curb?

Mail boxes must be at least five feet from a fire hydrant, and the ideal distance from the bottom of the box to the street should be 44 - 46 inches, and the front of the box should be flush with the front of the curb. The exception to this would be if you have a rolled curb and gutter, in which case you need to contact the manager of your local post office.

How does the US Court of Appeals for the Federal Circuit differ from other federal courts of appeals?

The United States Court of Appeals for the Federal Circuit is the only federal court with jurisdiction that is defined by subject matter as opposed to geographic area. There are eleven other number circuits covering the geographic area of the United States, and one Federal Circuit for Washington, D.C.

The United States Court of Appeals for the Federal Circuit hears appeals from specialized trial courts, such as the United States Court of Federal Claims, and complaints arising under the patent laws. Unlike other federal courts of appeals, it hears appeals from all district courts. Uniquely, the Federal Circuit has binding precedent for the entire U.S. within the jurisdiction of its subject matter. This is unlike other Federal Courts of Appeals which have binding precedent over a geographic region, and can result in differing interpretations of federal law (commonly known as "Circuit Splits"). This typically means that in regards to its subject matter, the Federal Circuit is typically the last word, as most of its cases will not be heard by the US Supreme Court.

Answer

The jurisdiction is different.

There are thirteen United States Courts of Appeals Circuit Courts comprising the intermediate appellate step between the District Courts and the Supreme Court.

The United States Court of Appeals for the Federal Circuit is the only court with nationwide jurisdiction over courts with special subject matter jurisdiction, such as appeals from:

  • US Court of Federal Claims
  • US Court of International Trade
  • US Court of Veterans' Claims
  • US Trademark Trial and Appeal Board
  • patent cases
  • US contractor disputes
  • appeals from several departmental boards and commissions
  • appeals under certain Acts of Congress.

The other twelve US Court of Appeals Circuit Courts have territorial jurisdiction over US District Courts located within Circuit's regional parameters. US District Courts have original (trial) jurisdiction over cases of general jurisdiction (the majority of federal civil and criminal cases) that occur within the boundaries of their district.