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The federal government and nearly every state have passed tort claims acts allowing them to be sued for the negligence, but not intentional wrongs [citation needed], of government employees. The common-law tort doctrine of respondeat superior makes employers generally responsible for the torts of their employees. In the absence of this waiver ...
The Australian Constitution does however, in s. 109, declare that, "When a law of a State is inconsistent with a law of the Commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid." Based on this, depending on the context of application and whether a particular statute infringes on the ...
While each of the state governments within the United States holds legal and administrative jurisdiction within its bounds, [3] they are not sovereign in the Westphalian sense in international law which says that each state has sovereignty over its territory and domestic affairs, to the exclusion of all external powers, on the principle of non ...
where a state only has, to a greater or lesser extent, a single and unified system of law, it is the law of criminal procedure to regulate what cases each classification of court within the judicial system shall adjudicate upon. People must be tried in the same state the crime is committed.
While the monopoly on violence as the defining conception of the state was first described in sociology by Max Weber in his essay Politics as a Vocation (1919), [1] the monopoly of the legitimate use of physical force is a core concept of modern public law, which goes back to French jurist and political philosopher Jean Bodin's 1576 work Les ...
The authority for use of police power under American Constitutional law has its roots in English and European common law traditions. [3] Even more fundamentally, use of police power draws on two Latin principles, sic utere tuo ut alienum non laedas ("use that which is yours so as not to injure others"), and salus populi suprema lex esto ("the welfare of the people shall be the supreme law ...
The Supreme Court ruled in Oklahoma v. Castro-Huerta that state governments have the authority to prosecute certain cases on tribal lands, effectively undermining centuries of legal precedent.
Because American law considers each of the state governments to be distinct from the federal government of the United States as a whole, with its own laws, court systems, and sovereignty, these parallel prosecutions are considered to be different "offenses" under the double jeopardy clause, and the decisions of one government on what to ...