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Is national law superior to state law? answers (482039)

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Is Medical Marijuana Legal Under Federal law?

A:  Marijuana is illegal under federal law, even if it is possessed for approved medical reasons pursuant to state medical marijuana laws. However, inconsistencies in how federal law is enforced and applied to medical marijuana cases have created confusion among many medical marijuana patients and providers. The Controlled Substances Act is the federal law passed in 1970 that regulates the manufacture, cultivation, possession, use, and distribution of certain drugs, including marijuana. The federal law does not distinguish between marijuana used for recreational purposes and that used for valid medical reasons. Marijuana is classified under...

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i am a state law enforcement officer who was hurt on the job, my employer still hasnt paid my emergency room bills and the hospital is going to put me into collections, can i sue my department if my credit is ruined?

A:  No, you have to hire a workers'' compensation attorney to bring a claim on your behalf. That attorney can petition the workers'' comp court to get your medical bills paid. state law precludes you from suing your employer for a work related injury unless your injury was caused by an intentional and/or malicious act....

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In state or federal law where is it defined as to what is and what is not considered to be a "fixture" of a building?

A:  I''m not a lawyer, and the exact definition may change depending on where you live. In California, a fixture is an ''item of personal property that has become part of the real property.'' To determine if personal property has become a fixture, ask: 1. What was the intent of the person when they attached the personal property to the structure? Did they intend the property to stay with the structure? 2. What method is used to affix the property to the property? If the property is freestanding and unattached to the real estate, it is probably personal. If it''s attached with nails, screws, or other permanent connectors, or if removing the property in question would damage the structure, it''s probably a fixture. 3. Is the property well...

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Is It Possible To Practice law In Different states?

A:  An attorney must apply for a license to practice in each state. Many states have reciprocal agreements, thus avoiding the need to sit again for a bar exam in another state. Many attorneys are licensed in several states, particular those who lives close to state borders or who take on cases that require multi-state licensure....

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What is the name of your state (only U.S. law)? CaliforniaI have a question about how to register my business. I''m strapped for cash and have minimal personal assets (less than 10k worth). I''m single & in my 20''s so there are no other bank accounts tied to me - no children or wife involved. I''m starting a business for a workout plan which will be sold mostly online. Because there is a lot of running involved, its understandable some people may get injured...and although I will have many warnings and clauses which people must agree to, in the end I may get sued. A) I want to make sure I can''t get sued for more than I''m worth (worse case scenario would be that I lose everything B) what the best type of business would be for me. From what I''ve read it looks like it will be an s-corp or sole prop. I live in CA so the corporate taxes are around $800 annually which I am trying to avoid. have looked into setting it up in Nevada too. Please help?!

A:  You''ll have to pay annual franchise taxes to (1) the state where your business (corporation or LLC) is chartered and (2) every state where it conducts regular operations. Setting up in Nevada is NO help unless you confine your significant operations to Nevada, which would be impossible for you given that you live in California and will be managing the business here. As to getting sued, you have several things to think about: (1) Suing someone is easy, and the case doesn''t have to be particularly meritorious or winnable to cause the defendant headaches and expenses, even if the defendant wins. (2) Assumption-of-risk clauses in contracts for potentially hazardous activities are NOT foolproof, but on the other hand are very worth while, and...

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What is the state law of mich if someone smarts off to a judge during court

A:  That is contempt, the charge of which is at the discretion of the judge. I live in michigan and have been dealing with the judicial system for years now. When someone smarts off to the judge its contempt of court. Its at least a 30 day misdemeanor. I once saw someone get cocky eith the district court judge and eveytime he said a smart comment it was 30 days added on to his original sentence. By the time he was finished he was sitting 6 months and just for the smart comments alone. it''s called contempt of court and you can go to jail for it ... a man here in Philly was jailed for 14 years for contempt ... http://www.philly.com/dailynews/local/20090711_Man_jailed_in_divorce_free_after_ 14_yrs_.html http://law.findlaw.com/

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My fiancee' is a citizen of canada. We want to marry, but don't want to break laws..?

A:  Gosh, I am only 16 (17 this year) and I live in Canada. My boyfriend lives in the USA and I feel like I will be in the same boat as you. We want to get married when we are older but I believe the K-1 says we need to get married in 90 days so that wont work for us after high school cause we are too young...I think we are going to be doing those same "visits" that you and your fiancee are doing for a few years. We are very serious about this too so its not like a puppy love thing. We have been dating since we were 14/15. Anyways, I know that this may mean nothing as in being helpful with your questions but I thought it would be nice to let you know. Also I am so happy you asked your questions because I will be flipping back to it so I can get some info when other people answer....

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'Right of access' law, someone is denying me access to my land. Please read...?

A:  Why do you believe him? On what authority does he say the deeds are incorrect? Contact a lawyer. Your first step is a surveyor to verify the property lines. Next, a title search to verify WHAT it says on the deeds. Any covenants will be listed, such as the right of access. The problem with two separated pieces is there is NO right of access across the private property between since each separate piece has direct access to a roadway, even if you DO have to go the long way round instead of the shortcut. Just because you own both pieces, that does NOT make it one property! Attorney, surveyor, title search. It is not worth it to anger your neighbors, over something as simple as a shortcut... Even if the deeds do not record your right of access you have already...

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What Is state law?

A:  Countries with individual states often have legal codes for each state. These are separate from whole-country laws, and although many of them are similar, some laws are in opposition to whole-country statutes. state law speaks to many different legal areas and often establish the state’s governance structure, a criminal code, and civil statutes. People residing in the state or even visiting have to obey state law. The federal and state law structure in the US is a good model for understanding

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What Is the Right-to-Work law?

A:  The right-to-work law is a United states (US) state law that makes it illegal for a business to establish union membership as a requirement for employment. states that do not have a right-to-work law in place can have companies and businesses run as a “closed shop” that requires membership in a union or the paying of union dues for employment. A right-to-work law makes it so that employment in a company cannot be contingent upon membership within a union, and that leaving a union cannot be cause for termination of employment. These laws came into effect after the passage of the Taft-Hartley...