PAD 525 Assignment 1
PAD 525 Assignment 1
Popular in Course
verified elite notetaker
Popular in Department
This 10 page Study Guide was uploaded by tophomework Notetaker on Saturday November 14, 2015. The Study Guide belongs to a course at a university taught by a professor in Fall. Since its upload, it has received 15 views.
Reviews for PAD 525 Assignment 1
Report this Material
What is Karma?
Karma is the currency of StudySoup.
You can buy or earn more Karma at anytime and redeem it for class notes, study guides, flashcards, and more!
Date Created: 11/14/15
Learn by Doing 1 Learn By Doing Crystal J. Mack PAD 525 Assignment 1 Dr. Ronald E. Fitzgerald January 18, 2015 Learn by Doing 2 Introduction According to Szypszak (2012) “the law should not be encrypted, nor require a lawyer to decipher. Legal research is not locating a definitive answer to a simple question; productive research is dependent upon “good sense” that a formal rule might exist” (pg. 307). Denoted in Szypszak (2012) an approach many researchers utilize to interpret the language of the U.S. Constitution and the U.S. legal system in order to explain the principles and process of constitutional, regulatory, and administrative laws at the federal and state levels is using the “case” approach. The methodology of research for this paper is using technology and information resources for researching cases, laws, and other legal communications (Szypszak, 2012). State’s statute that defines what is considered to be a public record available to the public upon request The Tennessee Public Records Act is found in Tennessee Code Annotated 107101 and the sections that follow it. For purposes of access to public records, the operative provision is found in TCA 107503, which says: “All state county and municipal records ... shall at all times, during business hours, be open for public inspection by any citizen of Tennessee, and those in Learn by Doing 3 charge of such records shall not refuse such right of inspection to any citizen, unless provided by state law,” (TN.gov, 2012). In summary, documents that come into possession of a governmental agency either by virtue of receipt of the documents by the agency, or creation of the documents by the agency, are public records that must be made available for public inspection unless they are exempt from the disclosure by state law. TCA 107505(d) says the law “shall be broadly construed so as to give the fullest possible public access to public records”, (TN.gov, 2012). The preWorld War I opinion by the U.S. Supreme Court holding, on reargument, that a federal income tax was unconstitutional. In 1895 there was a case named Pollock v. Farmers’ Loan and Trust Company in which the Supreme Court of the United States ruled that the unapportioned income taxes on interest, dividends and rents imposed by the Income Tax Act of 1894 were, in effect, direct taxes, and were unconstitutional because they violated the provision that direct taxes be apportioned (Pollock v. Farmers’, 1895). The U.S. Supreme Court ruling had declared that the federal income tax unconstitutional, thus voiding portions of an 1894 act that imposed a direct tax on the incomes of U.S. citizens and corporations. This decision was superseded or found out of date in 1913 when approval of the 16th Amendment to the U.S. Constitution gave Congress the power to lay and collect taxes on incomes. The federal statute authorizing the U.S. Secretary of Transportation to make payments to states for the value of materials stockpiled near federal highway construction projects in conformity with the project specifications Learn by Doing 4 In the 23rd USC 121 Section 121 authorizes the U.S. Secretary of Transportation to make payments to states for the value of materials stockpiled near federal highway construction projects in conformity with the project specifications (Commerce.gov, 2012). The Secretary, may work processes, and may make payments to a State for costs of construction incurred by the State on a project. These payments may also be made for the value of the materials: (1) that have been stockpiled in the vicinity of the construction in conformity to plans and specifications for the projects; and (2) that are not in the vicinity of the construction if the Secretary determines that because of required fabrication at an offsite location the material cannot be stockpiled in such vicinity (Commerce.gov, 2012). The project agreement states that no payment shall be made under this chapter except for a project covered by a project agreement. After the project is complete in accordance with the project agreement, a State shall be entitled to payment out of the appropriate sums apportioned or allocated to the State of the unpaid balance of the Federal share payable for such project (Commerce.gov, 2012). Payments shall be made to such official or officials or depository as may be designated by the State transportation department and authorized under the laws of the State to receive public funds of the State. The federal joint regulation of the U.S. Fish & Wildlife Service, Department of the Interior, National Oceanic and Atmospheric Administration, and Department of Commerce, identifying the factors for listing, delisting, or reclassifying endangered species. The Fish and Wildlife Service and the National Marine Fisheries Service adopted a policy to clarify their interpretation of the phrase "distinct population segment of any species of Learn by Doing 5 vertebrate fish or wildlife" for the purposes of listing, delisting, and reclassifying species under the Endangered Species Act of 1973, as amended (Wildlife & Fisheries, 2012). The Endangered Species Act of 1973 requires the Secretary of the Interior or the Secretary of Commerce to determine whether species are endangered or threatened. Any species or taxonomic group of species (e.g., genus, subgenus) as defined in the ordinance is eligible for listing under the Act (Wildlife & Fisheries, 2012). A taxonomic of higher rank than species may be listed only if all included species are individually found to be endangered or threatened. In determining whether a particular population is a species for the purposes of the Act, the Secretary shall rely on standard taxonomic distinctions and the biological expertise of the Department and the scientific community concerning the relevant taxonomic group (Wildlife & Fisheries, 2012). The Secretary shall make any determination required solely on the basis of the best available scientific and commercial information regarding a species' status, without reference to possible economic or other impacts of such determination (Wildlife & Fisheries, 2012). A species shall be listed or reclassified if the Secretary determines, on the basis of the best scientific and commercial data available after conducting a review of the species' status, that the species is endangered or threatened because of any one or a combination of the following factors: (1) The present or threatened destruction, modification, or curtailment of its habitat or range; (2) Over utilization for commercial, recreational, scientific, or educational purposes; (3) Disease or predation; (4) The inadequacy of existing regulatory mechanisms; or (5) Other natural or manmade factors affecting its continued existence (Wildlife & Fisheries, 2012). Learn by Doing 6 State’s administrative regulations specifying the licensure process for real estate agents The 1973 Tennessee Real Estate Brokers Act, Rules, and Regulations, along with the Tennessee Timeshare Act, govern whether or not a candidate will be issued a license Affiliate broker candidates must complete sixty (60) hours of real estate education in real estate principles/fundamentals before they take the examination (Department of Commerce & Insurance, 2012). Proof that the education described above has been completed will be forwarded by the school where the education was completed to PSI. The applicant may not register for the examination until the school has provided that information to PSI. The school will also provide you a certificate or letter of course completion that you must submit to TREC with your application for licensure. Affiliate brokers licensed after 12/31/04 must have completed the 30hour "Course for New Affiliates" prior to their license being issued and a letter or certificate of completion of the "Course for New Affiliates" must also be submitted with the license application (Department of Commerce & Insurance, 2012). State’s local ordinance in your municipality governing noise Memphis, TN Shelby County Noise Ordinance Chapter 16: Environment; Article III states, regarding any loud noises is that the creating of any unreasonably loud, disturbing and unnecessary noise is prohibited. Any noise of such character, intensity or duration as to be detrimental to the life or health of any individual or in disturbance of the public peace and welfare is prohibited except as hereinafter provided (Code of Ordinances, 2012). The creation of any excessive noise on any street adjacent to any school, institution of learning, or church while Learn by Doing 7 the same are in session, or adjacent to any health care facility, which unreasonably interferes with the workings or sessions thereof is hereby prohibited (Code of Ordinances, 2012). The playing of any radio, phonograph, or any musical instrument or sound device, including, but not limited to, loudspeakers or other devices for reproduction or amplification of sound in such manner or with such volume, particularly during the hours between 11:00 p.m. and 7:00 a.m., as to annoy or disturb the quiet, comfort or repose of persons in any health care facility or in any dwelling or other type of residence, or of any person in the vicinity is hereby prohibited. This section shall not be construed to interfere with activities of a commercial or political nature where such activity is not primarily directed toward residential areas, or health care facilities, and where such activity is reasonable under the circumstances (Code of Ordinances, 2012). The most recent opinion of your state’s highest appeals court describing the extent to which the state constitution requires that the power of eminent domain be exercised only for a public use. On December 14, 2011, City of Cookeville v. Mary Jackson was a case involving the right to exercise the power of eminent domain. Appellee Mary Jackson owns real property that is located both north and south of Lee Seminary Road in Cookeville, Putnam County, Tennessee. The property, along with the real property of several other landowners, was annexed into the Appellant City of Cookeville in 2002. The annexation ordinance, the City promised that a sanitary sewer would be provided to the annexed area eventually (City of Cookeville, 2011). As of March 29, 2011, 1 no sanitary sewage service had been provided to the annexed area. Learn by Doing 8 The trial court’s grant of summary judgment was based upon its determination that the City of Cookeville failed to include Ms. Jackson’s real property in its application for certificates of public purpose and necessity as required under Tennessee Code Annotated Section 1316 207(f) (City of Cookeville, 2011). The trial court also awarded her reasonable attorney’s fees and expenses. The Tennessee Court of Appeals recently issued an opinion of interest to every Tennessee personal injury lawyer. The Court of Appeals held in a car accident case that a plaintiff who serves a summons by certified mail must file the return receipt “promptly.” The court did not say what “promptly” meant. The failure to do resulted in dismissal of the case. Recent federal trial court decision in your federal district describing the standard for summary judgment in federal court A Plaintiff filed suit within the statute of limitations and had summons issued the same day (TN.gov, 2012). There was some dispute as to whether Plaintiff’s process server delivered the summons and complaint to Defendant within 90 days, but the Court of Appeals found that dispute immaterial (TN.gov, 2012). Instead, the Court of Appeals affirmed dismissal based on the statute of limitations because Plaintiff filed the returned summons and proof of service more than a year after it was issued. A lawreview article published within the past five (5) years about libel law and political campaign advertisements. In the UCLA Journal of Law & Technology they reexamine the New York Times v. Sullivan actual malice standard for defamation against a public official in the age of the Internet Learn by Doing 9 campaign. First, it provides recent examples of misleading political advertisements that illustrate the need to provide politicians with a timely remedy. Next, it discusses the historical background on defamation as it pertains to public officials and summarizes the regulations of Internet speech that relate to defamation of a public official (White, 2009). It then examines Congress’ recent approach to the regulation of false advertising through campaign finance reforms that indirectly attempt to regulate potentially defamatory campaign ads before demonstrating that the actual malice standard should be retained because: 1) it can be adapted to modern times, 2) it does not violate the rulings of the Court regarding Internet speech or campaign finance, and 3) it adequately protects political speech (White, 2009). Finally, the article proposed the creation of a federal statute that retains the actual spiteful standard and required a mandatory retraction to ensure political speech is not cooled, to protect media defendants from lawsuits, and to give politicians a remedy that will limit damage to their reputation and deter future false ads. References City of Cookeville vs. Mary Jackson (2011). In TNCourts.gov. Retrieved January 13, 2015, from http://www.tsc.state.tn.us/courts/courtappeals/arguments/2011/12/14/cityCookeville Tennesseevmaryjackson Code of Ordinances. In Shelbycountytn.gov. Retrieved on January 15, 2015 from http://search.municode.com/html/13995/level3/PTIICOOR_CH16EN_ARTIIINORE.htm l Learn by Doing 10 Commerce.gov (2012). Retrieved on January 13, 2015, from http://uscode.vlex.com/vid/sec paymentstatesforconstruction19205124 Department of Commerce & Insurance. In TN.gov. Retrieved, January 13, 2015 from http://www.state.tn.us/commerce/boards/trec/req_license.shtml Pollack v Farmers’ Loan & Trust Co., (1895). In Justia.com. Retrieved, January 16, 2015 from http://supreme.justia.com/cases/federal/us/157/429/case.html Tennessee Open Records Act, 2012. In TN.gov. Retrieved on January 13, 2015 from http://www.comptroller.tn.gov/openrecords/pdf/Open%20Records%20draft501.pdf White, C.B. (2009). The straight talk express: yes we can have a false political advertising statute. www.lawtechjournal.com, Vol 13(1). Wildlife and Fisheries (2012). In Justia.com. Retrieved on January 15, 2015, from http://law.justia.com/cfr/title50/507.0.3.10.126.96.36.199.html
Are you sure you want to buy this material for
You're already Subscribed!
Looks like you've already subscribed to StudySoup, you won't need to purchase another subscription to get this material. To access this material simply click 'View Full Document'