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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
Can you carry a concealed weapon in New York?
Yes, absolutely. But, it's only legal if you have a New York permit. As I understand it, New York state issues a permit, but New York city issues its own permit and does not recognize state issued permits.
Explain the writ of habeas corpus?
It is a legal document that requires authorities to bring an accused person to court for consideration of the offense: whether it exists or whether the accused is reasonably charged with it.
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You will commonly get two different answers to a question like this. The first one is close, but not actually correct. These are both the wrong and right answers, because the wrong one is so often given that one should be able to recognize it, and know that it's wrong.
The Wrong Answer
The Latin phrase "habeas corpus" means, literally, "show me the body." It refers to a concept in British common law which requires that if a person is going to be convicted of murder (or even charged with murder, actually), then there had better be a dead body lying around somewhere to prove that a murder was even committed in the first place! Show me the body. Habeas corpus. Under habeas corpus, then without a dead body as proof that a murder has even been committed, then no one can even be arrested for murder, much less convicted of it.
The concept ensures that there is always evidence to support a criminal charge or conviction. Though the "corpus" part refers, specifically, to a dead body, the concept of "habeas corpus" extends to all areas of law, and in such case, the "corpus" actually refers to evidence. It still, in Latin, mean, literally, "dead body," but as a practical matter, in law, it simply means "show me the evidence." In other words, if you're going to arrest a guy for committing a crime, and if you're going to then convict him, then you had better have some evidence. And the rules of law, as well as the statutes which define the crimes, also define what "evidence" means, given the crime in question.
A "writ," in law, is a written document -- usually an order -- issued by a court of law.
So, then, a "writ of habeas corpus" is, literally, a court order demanding the show of a body, or the show of evidence.
The Right Answer
The term "writ" still means a legal document -- usually an order -- issued by a court of law. And the word "corpus," in the correct answer, still means body... though not a dead one.
And the word "habeas," in the correct answer, still kinda' means "show me," but it is actually the subjunctive tense of the medieval Latin -- actually, more specifically and accurately, the volitive subjunctive tense -- and so actually means "we command that you show."
And so, then, "writ of habeas corpus" means a court order which says, in effect, "we command that you show us the body." But it doesn't mean a dead body, nor does it refer to evidence. Rather, it is an order of the Court which commands the law enforcement office or jail that is holding someone prisoner to bring said prisoner before the Court.
The reason that a court would issue such an order is to ensure that someone who's been arrested, and is being held in jail, can't be held there forever, without the Court determining if the person was rightly arrested, and is being rightly held.
So it does means "show me the body," but by the time we get the tense in medieval Latin right, and by the time we take into consideration its historical use, it's really the Court demanding to see the body -- the living body -- of someone who's been arrested and is being held in detention so that the Court may decide if he was rightly arrested, and so, also, if the jailer may continue to hold him in custody.
In oppressive countries where governments are dictatorships, or countries where the military is in control, they will "disappear" people (usually dissenters or protesters of the government) into prisons, and try to keep anyone on the outside from communicating with them, and vice versa. An application for a writ of habeas corpus is something which may be made by friends and family of the person being held, and said application is made to a court of law. If the Court then agrees that the prisoner should be brought before it, so that the arrest may be analyzed by the Court for lawfulness, then the Court issues a "writ of habeas corpus" to the head of the prison ordering him to bring the prisoner to the Court. And it usually means right now!
In "shorthand" use, "habeus corpus" can refer to the application for the writ, or the issuance of the writ, or the entire process.
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A writ of habeas corpus is an order to a detaining authority to show just cause for incarcerating someone.
It literally means, "you have the body." It is one among four rights guaranteed citizens in the pre-Bill of Rights Constitution (the others being protection from bills of attainder and ex post facto laws, and the final being the contracts clause, prohibiting states from impeding the terms of a valid contract).
While this answer refers to the writ of habeas corpus in the United States, it exists under various names and entitlements in other countries as well.
Yes. On June 26, 2013, the US Supreme Court ruled that Section 3 of the Defense of Marriage Act ("DOMA") was unconstitutional because it violated the equal protection clause.
Section 2 of DOMA is still standing. Section 2 permits states to refuse to recognize same-sex marriages performed in other states and countries.
What federal law regulates you right to access data contained in federal agency files?
The FCIC regulates an individual's rights to access data contained in federal agencies. See
http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre04.shtm
What is the difference between statute and rules?
A statute is a law passed by the legislative branch of the US or a state. A rule, more properly called a regulation, is a directive adopted by the executive branch of the US or a state. Rules or regulations have the force and effect of laws. Regulations fill in the details of statutes that are written in a general sort of way.
Is pepper spray legal in Alabama?
Answer 1: All the pepper spray informational websites put Alabama on the list of states where there is no law prohibiting pepper spray's use. However, I say that anyone considering it should first consult with an attorney at law licensed to practice in Alabama, and in good standing with its bar; and that s/he should take a long, hard look at both the statutes linked to in the "Sources and Related Links" section, below.
While it may be obvious that 13A-7-27 may not include at least the most common use of pepper spray (though I know creative prosecutor's who could), the other statute, 13A-7-28, may well be applicable to any person who's even only in possession of pepper spray, if it can be proved that s/he either commited a crime while in said possession, or only planned on so doing, while in said possession; and/or especially if it was used to facilitate same.
Talk to a lawyer, though. Never believe pro-suchandsuch websites whenever suchandsuch is controversial. Always, always, always rely only on the advice of a qualified attorney at law in such situations.
Who is the member of parliament in Ottawa for British Columbia?
Member of Parliament ConstituencyProvince/Territory Caucus Abbott, Jim (Hon.) Kootenay-Columbia British Columbia Conservative Atamanenko, Alex British Columbia Southern Interior British Columbia NDP Bell, Catherine Vancouver Island North British Columbia NDP Bell, Don H. North Vancouver British Columbia Liberal Black, Dawn New Westminster-Coquitlam British Columbia NDP Cannan, Ron Kelowna-Lake Country British Columbia Conservative Chan, Raymond (Hon.) Richmond British Columbia Liberal Crowder, Jean Nanaimo-Cowichan British Columbia NDP Cullen, Nathan Skeena-Bulkley Valley British Columbia NDP Cummins, John Delta-Richmond East British Columbia Conservative Davies, Libby Vancouver East British Columbia NDP Day, Stockwell (Hon.) Okanagan-Coquihalla British Columbia Conservative Dhaliwal, Sukh Newton-North Delta British Columbia Liberal Dosanjh, Ujjal (Hon.) Vancouver South British Columbia Liberal Emerson, David (Hon.) Vancouver Kingsway British Columbia Conservative Fast, Ed Abbotsford British Columbia Conservative Fry, Hedy (Hon.) Vancouver Centre British Columbia Liberal Grewal, Nina Fleetwood-Port Kells British Columbia Conservative Harris, Richard Cariboo-Prince George British Columbia Conservative Hiebert, Russ South Surrey-White Rock-Cloverdale British Columbia Conservative Hill, Jay (Hon.) Prince George-Peace River British Columbia Conservative Hinton, Betty Kamloops-Thompson-Cariboo British Columbia Conservative Julian, Peter Burnaby-New Westminster British Columbia NDP Kamp, Randy Pitt Meadows-Maple Ridge-Mission British Columbia Conservative Lunn, Gary (Hon.) Saanich-Gulf Islands British Columbia Conservative Lunney, James Nanaimo-Alberni British Columbia Conservative Martin, Keith (Hon.) Esquimalt-Juan de Fuca British Columbia Liberal Mayes, Colin Okanagan-Shuswap British Columbia Conservative Moore, James (Hon.) Port Moody-Westwood-Port Coquitlam British Columbia Conservative Murray, Joyce Vancouver Quadra British Columbia Liberal Priddy, Penny Surrey North British Columbia NDP Savoie, Denise Victoria British Columbia NDP Siksay, Bill Burnaby-Douglas British Columbia NDP Strahl, Chuck (Hon.) Chilliwack-Fraser Canyon British Columbia Conservative Warawa, Mark Langley British Columbia Conservative Wilson, Blair West Vancouver-Sunshine Coast-Sea to Sky Country British Columbia Independent
Are you required to have a mailbox?
I think it is required to have a mailing address, but it could be a post office box rather than a mail box.
Added: If you do not have a 'regulation' residential mailbox or mail slot, the Post Office will not deliver your mail to your home. If you have a mailbox at the post office any mail addressed specifically to that box will go into it. If you don't have a box at the post office, your mail will be held for a short time and then returned to the sender as undeliverable.
Can a federal convicted felon use a stun gun in the US?
Stun gun laws are always changing so make sure you check the Penal Code where you live.
It depends in what state or city you live in the USA:
STATES WHERE STUN DEVICES SUCH AS STUN GUNS AND TASERS ARE RESTRICTED:
* HAWAII
* ILLINOIS
* MASSACHUSETTS
* MICHIGAN
* NEW JERSEY
* NEW YORK
* RHODE ISLAND
* WISCONSIN
CITIES WHERE STUN DEVICES SUCH AS STUN GUNS AND TASERS ARE RESTRICTED:
* ANNAPOLIS, MD
* BALTIMORE, MD
* BALTIMORE COUNTY, MD
* CHICAGO, IL
* DENSION / CRAWFORD COUNTY, IA
* DISTRICT OF COLUMBIA
* PHILADELPHIA
What can you do if you lost your birth certificate?
Usually the state, city, or county Bureau of Vital Statistics or Department of Health handles these records, and most US states maintain an online link to requesting these services. There is a fee charged for replacement copies of the original birth certificate.
There are many third-party sites which offer to provide this information, but they cannot do it at any less cost. Dealing with the government agency or their authorized agents is the way to best assure an accurate and reliable document.
Do illegal immigrants keep their property when they are deported?
Yes. But they cannot return to the US to go fetch them. They would need someone to send it to them.
How old do you have to be to drink alcohol in USA?
18 years of age, unless, and this is as i know of only in the state of Ohio, if you are in your home and under the supervision of your parents, at least 13 you can drink. But this is a statuate that isn't very well known, u might have to educate the police.
22yrs Old ..legal
What are the legal consequences of prescription forgery?
Prescription forgery is a felony that is punishable up to five years in prison and has large fines. Doctors and dentists can lose their professional license and not be able to practice for a long time.
What is the main goal of NAFTA?
* to reduce barriers to trade * to increase cooperation for improving working conditions in North America * to create an expanded and safe market for goods and services produced in North America * to establish clear and mutually advantageous trade rules * to help develop and expand world trade and provide a catalyst to broader international cooperation .. (googled it)
Can your wages be garnished without you being notified?
No. It has to be done through a state or county judicial system. In the majority of US states the state's department of child support enforcement can garnish the obligated parent's income without the need for court procedure for child support arrearages when there is already an order of support in place.
What do you file first state or federal income tax?
You file taxes in any state where you are a resident for tax purposes. The term "resident" has a different meaning for tax purposes than it does for other purposes such as in-state tuition or unemployment compensation. Each state has its own definition of a resident.
If you lived in several states during the year, you would file in all of them. If you have very complicated affairs, it is even possible to simultaneously be a resident of two or more states.
You also file in any state where you have what is known as "state source income." For example, if you worked in a state, owned income-producing property in a state, sold property located in a state, owned a business that operated in a state, won money in a casino operated in a state, then you need to file in that state.
Each state can tax all income earned by its residents no matter where in the world it is earned. Each state can also tax state source income from non-residents.
When two states tax the same income, generally the state of residence will allow its residents to claim a whole or partial credit for taxes paid to another state. Sometimes it is the reverse (for example California residents claim a credit on Arizona non-resident taxes for taxes paid to California). Sometimes two states have an agreement to exempt each other's residents from some taxes (for example, Ohio and Kentucky have an agreement not to tax each other's residents on wages only).
What does federal law say about departmental accountable odfficials?
DoD may use them; if they are used, they only have limited pecuniary liability.
Is it against the law to hack into someone's email account?
It is illegal to read someone's mail because that is their property. However, it is probably not a crime that will be actively prosecuted except in extreme situations. It is definitely illegal to take mail out of someone's box.
Can a police officer carry a concealed weapon on an airplane?
Federal Officers, yes. Other jurisdictions depend on it being necessary for them to perform their duty, such as while escorting a prisoner on the aircraft. All weapons must be reported to the flight crew through the proper persons. As of 4 years ago a Police Officer could carry a concealed weapon on an airplane, but it was only if the Captain of that plane granted his permission (which they always did, but they were the final authority to grant/deny.)
What court derives its power from the constitution and federal laws?
Well...checks and balances. The Supreme Court will always look to the Executive Branch for enforcement, so local courts would probably look to their police department. However, this isn't always the case, as can be seen by Jackson's famous quote "John Marshall has made his decision, now let's see him enforce it." Be wary, the executive branch technically has the most power out of the three, so if the police decide to go against the court, there's nothing really the court can do save physical riot.
Which court hears cases that claim damages against the US?
The US Court of Federal Claims. It is located in Wasshington DC.
Why could the first amendment not protect the practice of polygamy?
I'm from Canada, stop discussing your issues that nobody cares about please.
Who does the president get to appoint?
The Federal Reserve is run by a board of 7 governors. These governors are appointed by the President with Senate approval and serve 14-year terms.
The President , with Senate approvals appoints one of the governors to be Chairman and another to be vice-chairman. These two people serve 4-year terms.
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!
