A federal statute prohibits discrimination based on age for all persons between the ages of 50 and 70 in matters relating to employment. A state constitutional provision requires that all state judges retire at the age of 65. A judge in the state trial court reached his 65th birthday, and the governor of the state named his replacement. The judge refused to retire and brought suit in federal court to enjoin the governor from replacing him on the bench. Who is likely to prevail in the lawsuit

Answers

Answer 1

Answer:

A Federal Statute and a State Constitutional Provision

The judge is likely to prevail in this case.

Explanation:

In any matter where the federal statute prohibiting age discrimination conflicts with a state constitutional provision, the U.S. Constitution or the federal statute will prevail.  This means that based on this conflict, the state constitutional provision will be declared unconstitutional and unenforceable.  The reason is that federal statutes or the U.S. Constitution takes priority over all other laws.  Therefore, the judge will prevail in the lawsuit and prevent the state governor from replacing him.


Related Questions

Are foreign policy and domestic policy two faces of the same coin.

Answers

Answer:

yes

Explanation:

Foreign policy and domestic policy are considered as the two faces of a coin because any change in both of these policies will impact on the macroeconomic variables of both the nation.

mọi quy tắc xử sự tồn tại tròn xã hội có nhà nước đều là pháp luật đúng hay sai? Giải thích

Answers

Answer:

Sai lầm

Explanation:

Mọi quy tắc xử sự tồn tại trong xã hội có nhà nước đều là pháp luật.

Sai. Các quan hệ xã hội của chúng ta được điều chỉnh bơi các quy phạm đao đức và các quy phạm pháp luật, mà các quy phạm đạo đức thì có thể đượec thể chế hóa và đưa lên thành các quy phạm pháp luật nhưng không phải quy phạm đạo đức nào cũng được dưa lên thành luật cả. Tồn tại xã hội quyết định ý thức xã hội cho nên các quy tắc ứng xử đựoc coi là các chuẩn mực đạo đứa đó đó không nhất thiết phải được xem là pháp luật mà nó song song tồn tại trong xã hội

QUESTION 18
Indicate the correct statement:
(1) An ex parte application is the motion application used when there is no dispute of facts
(2) Action proceedings is another type of motion application and the procedure is started by a
notice of motion
(3) In criminal cases a procedure is started with action proceedings
(4) The parties in a criminal case are the prosecutor and the defendant

Answers

Answer:

2 or 4 is correct

Explanation:

step by step explanation

The correct statement in the given question is (4) statement.

Statement (1) - Ex Parte Application

Ex parte application is used in civil procedure and is used to refer to motions for orders that can be granted without waiting for the response from the other side.

These orders are only in place until further hearing can be held such as temporary restraining order .

Under U.S.A law , court are hesitant to make ex parte motion because according to 5th amendment and 14th amendment, there is a guarantee of right to due process and ex parte leads to the violation of excluded party's right to due process.

Statement (2)- Action Proceedings

Action Proceedings refers to a judicial proceedings where a party brings a civil or criminal case against another party, an action has been brought against the other party.

It is not a type of motion application and is used in cases such as:

- presence of material disputes in facts

- it is instituted by summons

- evidence to be relied upon in supporting the claim and is not disclosed in the statement

- exchange of pleadings are involved

-evidence in the form of testimonies and documentary is given to prove the claims

- more expensive and time consuming

Statement (3)- Arrest

In criminal cases a procedure is started with Arrest.

An arrest is made with an arrest warrant and may be made with or without warrant if probable cause and exigent circumstances are presented at the time of Arrest.

The right to make warrantless arrests are commonly defined and limited by statutes subject to due process guaranteed by U.S.A Constitution.

Statement (4)- Prosecutor and Defendant

These both terms are related strictly to Criminal Law.

Prosecutor- Legal representative of the prosecution in the states with the criminal law system. The prosecution is the legal party responsible for presenting the case in a criminal trial against an individual accused of breaking the law.

A lawyer who initiates prosecution of criminal offences and present s the case for prosecution in a criminal proceedings

Defendant- Defendant is a person who is the party either accused of committing a crime or criminal prosecution

Thus the parties in criminal case are the prosecutor and the defendant.

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2. What weakness and what strength is coronavirus exposing our society ?

Answers

The weakness is that a lot of people are dying but I feel like the wake up call is that this ain’t no joke and we need to stay inside imagine if a zombie apocalypse happens this is an example of how people would act sad but true
coronavirus is exposing how some people are less trusting of health guidelines, and how far some people will take free rights, even if it will hurt our country. it’s exposing that we are prepared for these types of situations, and that we need to work on not being divided. the strengths it’s exposing are how helpful people can be towards each other, and how while we are somewhat divided,

How far should you stop from The nearest railroad crossing if a flagger is warning of a upcoming train

Answers

15-50 feet from the track of the railroad

Can an impaired driver crash into you or someone you love? Yes or no

Answers

Yes it’s is possible

Protecting the crime scene helps in identifying
the suspect.
a wrongful death.
the cause of death.
the victim.

Answers

- the cause of death

By surveying the crime scene (that is intact), investigators are able to determine if the cause of death was due to the environment/surroundings.

Capacity and authority are two important concepts with regards to the normal day to day functioning of a company. With the aid of authoritative text, critically discuss the form and substance of these concepts.

Answers

Capacity occurs in the form of abilities whereas authority occurs in the form of  power.

Capacity refers to the ability of a person to use the given information for making a decision. A person that lacks capacity it means that its mind is impaired and he is unable to make a decision at that time while on the other hand, authority is the legitimate power that a person or a group of persons possess and use it over other people. In capacity, the person has something in the form of abilities whereas in authority, the person has something in the form of power which they used to implement its decision over other people.

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Qualifications for Jury Service

• Never have been convicted of a felony

• Not be currently on active duty in the military

• Not be already serving on another jury

• Be able to read and write in English

. ?

Which other qualification must a citizen meet before he or she can serve on a

jury?

A. Be at least 18 years old

B. Have completed military service

C. Not be enrolled in college

Answers

There are several qualifications for a citizen to be able to serve in a jury and one of them is that they should A. Be at least 18 years old.

What are the requirements to serve on a jury?

Only people who are aged 18 and above can serve in a jury because they are considered to be more mentally mature.

The person also has to be able to read and write in English and should have a clean record.

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A. Be at least 18 years old

4. Why is vaping so dangerous to your health?
Please help I need this answer I know it’s not hard but I need to write a sassy about this

Answers

Answer:

El vapeo encharca los pulmones

Por lo que personas sensibles, como los asmáticos, podrían empeorar su situación y tener una crisis. Por otro lado, se puede tener un problema cardiovascular por inhalación masiva de nicotina y se puede producir un edema pulmonar cardiogénico (Epnc)

Explanation:

a learning style through which a skill is acquired when a student learns through experience is called​

Answers

The answer is experimental learning

civil cases cannot be tried by what?

A judge

A judge and jury

Third party arbitrator

An arbitrator not agreed upon


Answers

In a civil trial, a judge or jury examines the evidence to decide whether, by a "preponderance of the evidence," the defendant should be held legally responsible for the damages alleged by the plaintiff.

You must submit a report to the DMV within 15 days of a traffic accident on a Traffic accident report form. True or false?

Answers

Answer:

False

Explanation:

Quizlet - Unit 6 Lesson 3: Procedures When Involved In An Accident

First question.

In determining whether a witness is credible, an investigator should (check all that apply):

A. observe the witness's demeanor while speaking

B. refrain from reaching conclusions about a witness's veracity

C. consider the witness's bias and motive to testify

D. consider whether the individual has the ability to make an effective witness

Answers

I’m pretty sure the answer is C and D.

A and B you would not take into account while determining by if credible.

C and D are 2 very important things to take into account.

A plaintiff sues her employer for sexual harassment. During the trial, the plaintiff attempts to introduce into evidence company records that include written complaints from other employees alleging that they too were sexually harassed by the employer. The defense objects to the admission of the records on the basis of hearsay. Should the objection be sustained?

Answers

Answer:

no

Explanation:

The evidence is most likely valid and can be useful so the judge shouldn't Sustain it.

No, Hearsay rule is the rule prohibiting hearsay (out of court statements offered as proof of that statement) from being admitted as evidence because of the inability of the other party to cross-examine the maker of the statement.

What is considered hearsay evidence?

Hearsay evidence is evidence of a statement that was made other than by a witness while testifying at the hearing and that is offered to prove the truth of the matter stated.

Why hearsay is admissible?

The hearsay rule does not exclude the evidence if it is an operative fact. Language of commercial offer and acceptance is also admissible over a hearsay exception because the statements have independent legal significance. Double hearsay is a hearsay statement that contains another hearsay statement itself.

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vì sao quy chế pháp lý hành chính của người nước ngoài ở Việt Nam hạn chế hơn so với công dân Việt Nam

Answers

Answer:

I'm sorry I don't know about this

Which of the following is not an instruction that would be given to witnesses to prepare them for trial?
If asked to give exact times or measurements, "approximate" your responses.
It is best to elaborate and give detailed answers to questions.
Always control your emotions while on the witness stand.
Always tell the truth and testify with confidence.

Answers

Answer:

Always control your emotions while on the witness stand

Explanation:

Judges are very smart and with your actions while on the witness stand tell them what you mean. so your explanation should. be of reasonable doubt.

3. Tòa án hoãn phiên họp sơ thẩm khi:
A. Người yêu cầu vắng mặt lần thứ nhất không có đơn xin xét xử vắng mặt
B. Người yêu cầu đã được triệu tập hợp lệ lần thứ hai mà vẫn vắng mặt
C. Kiểm sát viên vắng mặt
D. Người yêu cầu vắng mặt lần thứ nhất có đơn xin xét xử vắng mặt

Answers

Answer:

D. Người yêu cầu vắng mặt lần thứ nhất có đơn xin xét xử vắng mặt

Explanation:

Under the Texas penal code one definition of “intoxicated” involves not having the normal use of ones mental or physical abilities as a result of consuming ?

Answers

Answer:

Alcohol

Explanation:

taking alcohol makes some changes in ones behavior

How Can We Get Khula in Pakistan?
http://www.advocateinlahore.com/khula-procedure-in-pakistan/

Answers

Answer:

To apply for Khula the wife would need to file a suit for Khula in the Family Court under the West Pakistan Family Courts Ordinance, on the grounds that she feels she can no long live with her husband “within the limits prescribed by Allah' and such a statement on oath made in her suit would be sufficient to establish

Explanation:

What is Legal Process of Khula in Pakistan

Answers

Answer:

To apply for Khula the wife would need to file a suit for Khula in the Family Court under the West Pakistan Family Courts Ordinance, on the grounds that she feels she can no long live with her husband “within the limits prescribed by Allah' and such a statement on oath made in her suit would be sufficient to establish ...is needed

Explanation:

if my answer helps you than mark me as brainliest

Which of the following parties is permitted to view all entries in the Notary Signing Agent Notary journal?

A) Contracting Companies and Lenders
B) Borrowers and signing Parties
C) Police with a warrant for Journal

Answers

Answer:

C) Police with a warrant for Journal

Explanation:

What is the first step when investigating an arson?
Photograph the scene of the fire.
Question witnesses who observed the fire burning.
Identify the "plant"—the material used to set the fire.
Identify the point of origin of the fire.

Answers

Answer:

identify the plant - the material that used to set the fire

what role correctional officials have to play in offenders life?​

Answers

Answer:

The Correctional Official is the single most important person who mediates between an offender and society. The Official is expected to be a good role model for others in her or his presence. It is this official who holds the power over an offender's head. S/he can use this power to humiliate, and degrade the offender

Ngành nghề nào nhà nước cấm đầu tư.?

Answers

Answer:

Ngành, nghề cấm kinh doanh

Các hoạt động liên quan đến mua bán mại dâm. Kinh doanh pháo nổ trừ pháo tín hiệu, pháo thỏa thuận theo quy định của cơ quan nhà nước có thẩm quyền. Mua bán người và các bộ phận của con người. Kinh doanh hoạt động văn hóa nghệ thuật xâm phạm an ninh quốc gia và đạo đức xã hội.

what is the role of police in protecting human right

Answers

Answer:

The police should protect the people without any discrimination as the law is equal for all.

The police must respect human dignity, uphold and protect human rights.

The police should ensure that the person detained should have access to their family and legal representative or any medical help

Explanation:

Select the correct answer.
Who can propose an amendment to the Constitution?
A a simple majority of Congress
B. the president
с.
the Supreme Court
D.
a two-thirds majority of Congress

Answers

The answer should be d

Answer:

d

Explanation:

a two-thirds majority of Congress

Can somebody help me

Answers

I’m guessing cost because, cost is the cost of taking one opportunity over another. Not only is it financial but also in time effort and utility.
Since he didn’t answer it, (choice)

Asking yourself whether your mind is currently occupied by things that can take your concentration off the road is something you should do ______.

Answers

iebwbehwhjwjshehhee wuwiuehe.hwjwje ...

get your mind to think about other things so your concentrated

Define the term gender imbalance and state two negative effects that this may have in the workplace?

Answers

Answer:

Gender inequality is the social process by which men and women are not treated equally.

..

..

Gender discrimination has a significant impact on mental and physical health worldwide. It can limit peoples' access to healthcare, increase rates of ill health, and lower life expectancy. While it is true that women live longer than men on average, they experience higher rates of ill health during their lifetimes.

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Midsouth Stitchery wants to improve their productivity. Their process yield is currently 91.56% based on 9816 yards of material. If they are going to improve their productivity to 92.10, how many yards of finished material will they have to produce from the same amount of material input Select the correct answer.Who can propose an amendment to the Constitution?A a simple majority of CongressB. the president.the Supreme CourtD.a two-thirds majority of Congress Question in the picture please help me...Show all steps please.... Please help! Thank you!!!!! solve the inequality y-6>/2y-4 What lines are parallel? 2. Find the measure of angle J. What did Pops notice about the bear on the cabin porch? Inacio Corporation uses the weighted-average method in its process costing system. Data concerning the first processing department for the most recent month are listed below: Beginning work in process inventory: Units in beginning work in process inventory 2,300 Materials costs $ 14,400 Conversion costs $ 6,500 Percent complete with respect to materials 75% Percent complete with respect to conversion 20% Units started into production during the month 11,000 Units transferred to the next department during the month 9,900 Materials costs added during the month $ 173,500 Conversion costs added during the month $ 243,500 Ending work in process inventory: Units in ending work in process inventory 3,400 Percent complete with respect to materials 90% Percent complete with respect to conversion 30% The cost per equivalent unit for materials for the month in the first processing department is closest to: Multiple Choice $12.21 $13.15 $11.90 $14.50 One number is eight less than a second number. Five times the first is 6 more than 6 times the second. Find the numbers.The value of the first number is - Deidra is speaking with a waiter at a restaurant. Their dialogue is shown at right. What communication style is Deidra using with the waiter? Julie needs to cut 4 pieces of yarn, each with the same length, and a piece of yarn 7.75 inches long. let x represent the length of each of the equal pieces of yarn that julie decides to cut. what is the equation that can be used to determine the total length of all the yarn that she ends up cutting, y? is the graph of the equation continuous or discrete? ng vt no sau y mu i nui c th khng pha trn gia mu giu O2 v mu giu CO2? A.B st, chim, th B.C, b st, chim C.C, lng c, b st D.C, chim, th I need help plz anyone I don't understand this at all. If p is true and ~ q is false, then p ~ q is _____ false.a. sometimesb. alwaysc. never 25 points, choices in photoWhich of the following accurately shows the first step when solving the following system of equations by substitution? Ggggggggggggggggg666666666666666 Which of the following numbers are solutions of the sentence x-3 < 2? I -3 II 0 III 2 IV 5 O ll only O III only O I and III only O I, II, and III only O I, II, III, and IV A genetic factor for a trait is always expressed when it is present is best described as ? Simplify1)ab/ ab 2)2 (x ) 3)3x*2x y