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Is federal law superior to state law? why? answers (483154)

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Q: 

If you edit an image from the web, is it still subject to copyright laws?

A:  Yes. As it has been copyrighted, you do not have the right to make a copy and use it. See, the word copyright actually means something......

Q: 

Right to file in federal court if my state law lawsuit dismi

A:  No. You can only file in federal court if you have a federal cause of action. You can appeal the dismissal but that must be done in a very short period of time. An action in federal court has to be based on federal law, or diversity of residence of the parties.  You don't just go to federal court because you lost in state court. What kind of claim do you wish to make? federal courts are courts of limited jurisdiction. That means that they can only hear certain kinds of claim as specified by the Constution and federal statute. In general, for a

Q: 

Is notification before termination NJ state law?

A:  Evidently it wasn't an attorney that told you that. But think about it, if an employee was stealing from a company, would you really give them 30 more days? If you were on FMLA, you were only entitled and protected for 3 months (12 weeks). After that they were free to fire you. Your co workers received a sev. pkg because they were still employed and it was at the discretion of the employer. Dependeding on how many employees were involved, the Warn Act might come into play but couldn't say right now. "I was told that there is a NJ state law that an employer must give an employee notice (30 days?) before terminating them." I'm afraid that whoever told you that is clueless. No such law exists...

Q: 

federal complaint-remanded to state court?

A:  I dismissed w/out prejudice a federal complaint, that I am about to refile. Was it voluntarily dismissed? Most of the causes are state (Georgia), and I may ultimately (before service) drop the federal causes. I prefer to be in fed now, for the 120 days to serve. What? It sounds like the SOL is about to run out and you dont know which court you should be filing in.My question is, if I do end up dropping the fed causes, what will happen? Some complicated s**t will happen...or not. No one can answer all of your questions about how changes will affect jurisdiction without knowing a lot more info about your case. You need to figure out what your claims are and file them in the correct court to begin with. These issues...

Q: 

If I use LinkedIn for professional networking on a company PC but using my user-name and password - who owns that information legally?

A:  James, If you have a free account, the account is with you and is designed to travel with you as jobs change. If you have a paid account and the company lays it might get cloudier. Your usage of company computers and company time can be a work issue where the company can refuse the use of their equipment and time for social networking and may even take issue with you using their name on your profile, but it is still your profile. This has been asked before in Q&A and you may find references through the search feature. I know there have been similar cases but can''t say if there have been any in the UK. posted 28 days ago Dave M. WireNames.com ★ Most effective trade show booth traffic...

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What law states that job applications HAVE to ask if males(18-26) have signed up with selective service?

A:  Not registering for Selective Service is a FELONY. That is why employers can legally ask the question, because it''s against the law if you don''t register. The message the employer is sending is that they don''t want any law-breakers employed with their organization. Schools can ask for the information if they receive gov''t assistance because the gov''t will deny funds to organizations and educational institutions that accepts men who are eligible to register and fail to do so. That is why you can''t get financial aid if you don''t register. Is it a state or some type of government position? I don''t know that there is actually a law which requires it on the application, but for most...

Q: 

Why is it legal for an employer to discriminate against someone for being too YOUNG but not for being too OLD?

A:  Because Congress is owned by business groups like the NAM and the Chamber of Commerce as well as others. All of them contribute humongous amounts of money to the politicians. The elderly vote much more frequently than younger persons and have a politically strong support group, the AARP. The Businesses resist legislation to cover younger people because of their greed. They don''t want to be regulated further, subject to legal proceedings fines and monetary recompense to those that were discriminated against. Politicians are not known for their courage or integrity. Nonetheless we must fight to achieve the legislation to make people accountable Hope this helps I could understand firing someone if they lie about their age and are too young to legally do a job, but it might actually be...

Q: 

Reasons why marriage/divorce laws should be changed?

A:  I think the government should not tell me who I can or can not be with. So if a man is beating his wife and she has no proof she should be forced to stay married to him? I guess you are just pertaining this to couples who make mistakes and marry the wrong person and want out. The thing is that sometimes people change and the government has no business forcing two unhappy people to remain together. Sorry guess that doesn''t answer that... If they make it more difficult then people will not bother getting married. Divorces are complicated enough as it is that some people don''t bother getting married. Papers, money that is all what it is. If you don''t get married you save a lot. Can''t say as much about separation because laws apply to common

Q: 

If a state enacts a law that violates the US constitution...?

A:  First, any law a state enacts only that state can enforce it. If California passes a law that said blue cars are banned from the roads, Texas does not have to enforce that law, and you would still be able to drive blue cars in Texas (and the other 48 states that don''t have that law). If the state law was found to be unconstitutional, then the state could not enforce the law as it is written. They have a few options: Rewrite the law so it is constitutional, throw the law...

Q: 

Could DUI laws be one of the Vehicles to take away our Constitutional Protection?

A:  Dude, I love you. Yeah, right. You are one sick individual. Why not get help for your drinking? My husband''s health was ruined and two innocent people lost their lives because of a drunk driver. How fair is that? Huh? You tell me. He was on his way to work, supporting his family, doing what every good person should do when his car was sucker punched by a drunk shit head. Two completely innocent people died that morning because of this freak, and my husband will now live for the rest of his life in constant pain. Fuck you. Fuck you very much. ''Driving'' it''s not a Constitutional Right; driving it''s a privilege (like a favor) granted by state laws if you follow their rules. There are so many things wrong with your argument. I''ll just...