State laws versus federal law
[DOC File]CONFLICT OF LAWS
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Federal law governs questions involving the rights of the U.S. arising under nationwide federal programs. The rights and duties of the U.S. on commercial paper is included. State law governs disputes primarily between private parties concerning commercial paper (e.g. conversion of bonds guaranteed by the U.S.)
[DOC File]TRIBAL AND STATE JURISDICTION
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Cabazon Band, the Court set forth a test for distinguishing between criminal and civil laws: “[I]f the intent of a State law is generally to prohibit certain conduct, it falls within Pub. L. 280’s grant of criminal jurisdiction, but if the State law generally permits the conduct at …
Chapter 7
Also, state courts cannot conflict with the Supreme Court in their interpretations of the Constitution. The doctrine of preemption further holds that federal law in a given area supersedes state laws. D. Relations Between the States. 1. A federalist system must also manage relations between member states.
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1. Federal Preemption of State Law (CB 388-398) a. Supremacy Clause + Statute = Preemption. Valid federal laws override state law. b. Two Types of Preemption. i. Express - Congress expressly says "this law preempts state law" ii. Implied. a. Conflict - you can't comply with both laws at the same time. i.
[DOC File]Determining Public versus Private Entities
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How do I determine if Federal or State Laws apply? Federal law governs determinations involving coverage of State and local government employees. These determinations may be based on decisions regarding specific issues to which Federal law is applied and other issues to which State law is applied.
STATE v FEDERAL CHARTER
State Federal Chapter 522 of the Laws of 2008 §486-a. State chartered Federal credit unions that convert to State charters or that are incorporated as State charters on or after January 1, 2009, are exempt from the special additional mortgage recording tax imposed pursuant to section 253 of the Tax law.
[DOCX File]CHAPTER 3 OVERVIEW: Federalism
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state. versus. national power. before the Supreme Court. ... that reduce or deny federal funds if certain local or state laws are not passed or if federal guidelines are not met. ... Article VI of the Constitution states that the supreme law of the land is the Constitution, the laws of …
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When federal policy is as high as the 7th Amendment (right to jury trial in civil cases), then federal law is almost always going to triumph over state interests. ii. Kind of the opposite of York, where it was a policy decision to determine the feds should defer to the states on substantive law - here, the states must defer to the federal law ...
[DOC File]CHAPTER 3
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a) Alden v. Maine (1999), compliance with federal fair-labor laws. b) Federal Maritime Commission v. South Carolina Ports Authority (2002), states did not agree to become mere appendages of national government. 3. But not all decisions have supported state sovereignty. 4.
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