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The Supremacy Clause of the Constitution of the United States ( Article VI, Clause 2) establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the "supreme Law of the Land", and thus take priority over any conflicting state laws. [ 1] It provides that state courts are bound by, and ...
Nullification, in United States constitutional history, is a legal theory that a state has the right to nullify, or invalidate, any federal laws which they deem unconstitutional with respect to the United States Constitution (as opposed to the state's own constitution ). There are similar theories that any officer, [ 1] jury, [ 2] or individual ...
The Fair Debt Collection Practices Act ( FDCPA ), Pub. L. 95 -109; 91 Stat. 874, codified as 15 U.S.C. § 1692 –1692p, approved on September 20, 1977 (and as subsequently amended), is a consumer protection amendment, establishing legal protection from abusive debt collection practices, to the Consumer Credit Protection Act, as Title VIII of ...
The Erie case involved a fundamental question of federalism and the jurisdiction of federal courts in the United States. In 1789, the Congress passed a law still in effect today called the Rules of Decision Act ( 28 U.S.C. § 1652 ), which states that the laws of a state furnish the rules of decision for a federal court sitting in that state.
The Court is the final arbiter of Florida law, and its decisions are binding authority for all other Florida state courts. [2] Established upon statehood in 1845, the court is headquartered across the street from the state capitol in Tallahassee. Throughout the court's history, it has undergone many reorganizations as Florida's population has ...
The Florida Statutes are the codified statutory laws of the state. [1] The Florida Constitution defines how the statutes must be passed into law, and defines the limits of authority and basic law that the Florida Statutes must be complied with. Laws are approved by the Florida Legislature and signed into law by the Governor of Florida.
August 12, 2024 at 5:30 AM. Florida is one of 13 states that give prosecutors unfettered power to try children as adults without getting sign-off from a judge. And when judges determine the ...
Jencks Act. In the United States, the Jencks Act ( 18 U.S.C. § 3500) requires the prosecutor to produce a verbatim statement or report made by a government witness or prospective government witness (other than the defendant), but only after the witness has testified. Jencks material is evidence that is used in the course of a federal criminal ...