35 votes

How many separate judicial systems are there in the United States?

Part of the answer depends upon how you count it. Also, before one gets lost in the "trees" of the many U.S. court systems, it is important to note that the bulk of litigation of ...
ohwilleke's user avatar
  • 206k
27 votes

What international body would one go to file a case against Australian Immigration?

No international body has jurisdiction Australia is a sovereign nation which means it has sole jurisdiction over its immigration policy. So, short answer: no international body has jurisdiction. Who ...
Dale M's user avatar
  • 205k
21 votes
Accepted

What procedures are in place in the US for when multiple people in the line of succession are in the same place at the same time?

This refers to the "designated survivor" practice, which is not codified in law; rather, it is a choice made by presidents. There are no published details as to how Marty Walsh was selected ...
user6726's user avatar
  • 215k
11 votes

What does an administration need to show in court so that its change-of-policy decisions are not judged "arbitrary and capricious"?

The agency must have provided "reasoned analysis" for rescinding its previous rule The Supreme Court in Motor Veh. Mfrs. Ass'n v. State Farm Ins., 463 U.S. 29 (1983) held that (emphasis ...
Ryan M's user avatar
  • 10.3k
11 votes
Accepted

What does an administration need to show in court so that its change-of-policy decisions are not judged "arbitrary and capricious"?

The "arbitrary or capricious" test is a very forgiving standard that asks little more than whether an agency's decision is supported by a “rational connection between the facts found and the ...
bdb484's user avatar
  • 58.3k
8 votes
Accepted

What international body would one go to file a case against Australian Immigration?

You don't. The only proper venue to raise the concern you do would be an Australian court or administrative agency process. Each country is the judge of its own immigration policies. There are ...
ohwilleke's user avatar
  • 206k
8 votes

Could Executive Order 9066 be repeated with other groups today?

WWII Supreme Court Cases During WWII, the Supreme Court dealt with three main issues in their cases on Executive Order 9066: curfews, exclusions, and internment of persons with Japanese ancestry. In ...
DPenner1's user avatar
  • 4,921
6 votes
Accepted

Interpretation of "and" for conditions on when a law applies to a person

In the example given, both elements must be established. This is the most common meaning of the word "and" in a statute or rule or contract or other writing, but there are times when "...
ohwilleke's user avatar
  • 206k
6 votes

What does an administration need to show in court so that its change-of-policy decisions are not judged "arbitrary and capricious"?

They need to show that they have considered the evidence, followed law and procedure and have rendered a decision on that basis This is a good overview. With specific reference to the arbitrary and ...
Dale M's user avatar
  • 205k
5 votes

Can the FD&C conflict with the CFR?

The primary source of law is the various laws passed by Congress known as the FD&C Act and which is codified in the relevant part at 21 USC 352(e)(1)(A)(iii), which says the established name of ...
user6726's user avatar
  • 215k
5 votes
Accepted

Can the FD&C conflict with the CFR?

Neither law has precedence - manufacturers have to obey both. The FD&C says that they don't need to list ingredients which are trade secrets; the CFR says they must. If they list the trade ...
Martin Bonner supports Monica's user avatar
4 votes

Does paying a fee, even under protest, waive all right to contest its assessment?

Edith Windsor paid $363053 in taxes that she thought she did not owe. She later challenged the constitutionality of the law that prevented its refund. United States v. Windsor, 570 U.S. ___ (2013) ...
K-C's user avatar
  • 4,024
4 votes
Accepted

A tourist can request political asylum?

The answer is "it depends," of course. An asylum application may be considered less credible if the applicant entered as a tourist. The applicant would have to explain what changed between ...
o.m.'s user avatar
  • 17.1k
3 votes

Does nulidad de pleno derecho cause effects ex tunc?

The literal translation of nulidad de pleno derecho is "null act of full right" or more ideomatically "fully null" but the phrase of equivalent meaning in English language legal ...
ohwilleke's user avatar
  • 206k
3 votes
Accepted

Legally, what agreement is entered into when posting a letter (in Germany)?

Does posting a letter create any 'legal' agreement between myself and the postal service? Is there any obligation to deliver a letter? Assuming that an agreement is formed, at what point in the ...
ohwilleke's user avatar
  • 206k
3 votes

Do any states provide legal authority for administrative agents to perform official state actions when they are "not working"?

Taking California as an example, California Labor Code section 6314 (a) provides: To make an investigation or inspection, the chief of the division and all qualified divisional inspectors and ...
Nate Eldredge's user avatar
3 votes
Accepted

What does "electronic verbatim record" mean?

Verbatim, despite sounding like verbal, only means that it is an exact account of what was said during the proceedings. Thus appending electronic to it means that this exact record is available in ...
animuson's user avatar
  • 4,305
3 votes

In the US if there's loophole in a CFR does it go to the challenger?

Your interpretation is creating an ambiguity when none exists. Your specific question is about 32 CFR 47.4 not applying to the National Guard; however, you hone in on a single phrase while ignoring ...
cpast's user avatar
  • 23.8k
2 votes

Could Executive Order 9066 be repeated with other groups today?

Yes, it could, and folks around the new Trump administration are just barely more than a week after the election citing the internment camps as precedent in support of actions against Muslims in the ...
WBT's user avatar
  • 4,868
2 votes

Studying abroad - penalty clause

International agreements provide that most countries (foreign) will enforce other countries' civil judgements (domestic) unless the domestic law is repugnant to the foreign law. A U.K. court would ...
Dale M's user avatar
  • 205k
2 votes
Accepted

PERB Citation Elements

Your example is from 2.4(b)(1) of the style manual for "Commission and Agency Documents and Materials". The New York Public Employment Relations Board is a state level version of the National Labor ...
ohwilleke's user avatar
  • 206k
2 votes

Is it legal to perform communication with authorities for money in Germany?

Systems like this risk crossing over into legal advice In almost all jurisdictions only lawyers can do this. If you keep your system as a simple automation of a paper process you should be fine but ...
Dale M's user avatar
  • 205k
2 votes

Do any countries have effective policies that bolster common convention and the rule of law itself?

Well Britain has parliament and the judiciary and a common law that has developed through precedent. It doesn't have a written constitution as the US does. However, it's taken roughly a thousand years ...
Mozibur Ullah's user avatar
2 votes

Due process and Board decisions

The clause "assuming all of the above is permitted by statute" introduces an invalid assumption. "Permitted by the statute" is (a) a question of legal interpretation and (b) only a ...
user6726's user avatar
  • 215k
2 votes

Is a person files a complaint against someone in an organization, is that person usually prohibited from further communication with them?

An employer is likely to advise an employee to not communicate with an individual, if the employee has no legal obligation to communicate with the individual, and the employer believe that there is a ...
user6726's user avatar
  • 215k
2 votes

Can the FD&C conflict with the CFR?

FD&C allows keeping of trade secrets. CFR says the inactive ingredients must be disclosed when a safety factor. Let's say we have an inactive ingredient that is a trade secret that is also a ...
Putvi's user avatar
  • 3,964
2 votes

Can the US President exercise a power via Twitter?

ANSWER: NO. THE US PRESIDENT CANNOT EXERCISE POWER VI TWITTER IT APPEARS THAT IT MUST BE PUBLISHED IN THE FEDERAL REGISTER TO BE OPERATIVE "The ability to make such orders is also based on express ...
Wm Wolff - Law Exam Guides's user avatar
2 votes

Do any countries have effective policies that bolster common convention and the rule of law itself?

After the experiences of Nazi rule, Germany wrote Article 20(4) in the constitution: All Germans shall have the right to resist any person seek­ing to abolish this constitutional order if no other ...
o.m.'s user avatar
  • 17.1k
2 votes

Austrian Law about requesting documents not originally required

In general, obtaining a Visa is a thing that is done according to the discretion of the state offering it. As a result, it is entirely up to the Austrian regulations. To establish the necessary ...
Trish's user avatar
  • 37.7k

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