1answer.
Ask question
Login Signup
Ask question
All categories
  • English
  • Mathematics
  • Social Studies
  • Business
  • History
  • Health
  • Geography
  • Biology
  • Physics
  • Chemistry
  • Computers and Technology
  • Arts
  • World Languages
  • Spanish
  • French
  • German
  • Advanced Placement (AP)
  • SAT
  • Medicine
  • Law
  • Engineering
Fiesta28 [93]
3 years ago
14

Why is the supremacy clause considered to be the root of federalism?

Law
2 answers:
Trava [24]3 years ago
8 0

Answer:

It describes the relationship between federal and state power.

GarryVolchara [31]3 years ago
5 0
it states that the federal government laws are the supreme laws of the land and what the federal government can or cannot do, i believe
You might be interested in
All of the following are true about the Uniform Commercial Code (UCC) except :
koban [17]
B
23 states have enacted all or part of the UCC as statutes
4 0
3 years ago
Which of the following cases established testimony by expert witness?
Ksivusya [100]

Answer:

Explanation:

Judge is the gatekeeper

The judge is to decide whether the expert is qualified to deliver reliable testimony and whether the expert's report is sufficiently reliable to be helpful to the Trier of Fact.

Rule 702 Testimony by Experts

1) the testimony is based upon sufficient facts or data

2) the testimony is the product of reliable principles and methods.

The Supreme Court identified four tests that can be used by the gatekeeper-judge to determine whether to admit the expert testimony. It is typically understood that it is not necessary for the expert testimony to pass all four tests.

1) Tested - Whether the theory or technique used by the expert can be, and has been, tested

2) Peer Review - Whether the theory or technique has been subjected to peer review and publication

3) Error Rate - The known or potential rate of error of the method used is known or predictable

4) General Acceptance - The degree of the method's or conclusion's acceptance within the relevant scientific community

Review of five court cases

1) Frye v. United States - 1923 - established the "general acceptance" principle

2) Federal Rules of Evidence - Rule 702 - 1975 - established the rule for "scientific, technical, or other specialized knowledge" expert witness testimony

3) Daubert v. Merrell Dow Pharmaceuticals - 1993 - established the four-part Daubert test for evaluating expert testimony

4) GE v. Joiner - 1997 - confirmed the trial judge's gatekeeper role

5) Kumho Tire v. Carmichael - 1999 - expanded the Daubert tests to apply to all disciplines

United States v. 14.38 Acres of Land

A good example of the application of the Daubert Test.

This is a rare case where the appellate court overruled the trial judge's gatekeeper role.

Gatekeeper is not intended to serve as a replacement for the adversary system: Vigorous cross-examination, presentation of contrary evidence, and careful instruction on the burden of proof are the traditional and appropriate means of attacking shaky but admissible evidence.

Rule 1 - Scope and Purpose

To secure the just, speedy, and inexpensive determination of every action and proceeding. In other words, the purpose is to make the process more efficient.

The report must contain:

(i) a complete statement of all opinions the witness will express and the basis and reasons for them;

(ii) the data or other information considered by the witness in forming them;

(iii) any exhibits that will be used to summarize or support them;

(iv) the witness's qualifications, including a list of all publications authored in the previous 10 years;

(v) a list of all other cases in which, during the previous 4 years, the witness testified as an expert at trial or by deposition; and

(vi) a statement of the compensation to be paid for the study and testimony in the case.

That written report must contain, at a minimum, six items:

1) All opinions the witness will express and their foundation and reasoning;

2) Data and information considered by the witness;

3) Any exhibits that will be used while giving the testimony in court;

4) Witness qualifications, including all publications authored in the previous 10 years;

5) List of all other cases in the last four years where testimony was given as an expert at trial or deposition;

6) Description of the compensation for the study and testimony.

An appraisal report may need to be quite detailed. This may be at odds with the request of retaining counsel, who may want a less detailed report.

Report should include any exhibits which the witness anticipates using as "demonstrative evidence" during testimony.

report should include a statement of publications and testimony for the prescribed periods.

Some items of interest in this Rule are:

1 - If an objection is raised by one of the attorneys, the deponent will still be required to provide an answer, but that answer will be subject to approval by the court after hearing the objection.

2 - The deponent may refuse to answer a question only when it is necessary to preserve a privilege, enforce a limitation directly by the court, or present a motion under Rule 30(d)(4).

3 - The maximum time limit for a deposition is one day of seven hours.

4 - The deponent has the right to review and correct the transcript. He or she will have 30 days after receiving the transcript to review and submit corrections. However, this right must be affirmed and requested during the deposition. It is recommended that the appraiser expert always request this right to review and correct, as it will provide the appraiser with a copy of the transcript of the "oral report" for his or her workfile.

Rule 33 - Interrogatories to Parties

The time limit to respond is 30 days from the date of service of the interrogatories.

6 0
3 years ago
Do maryland police officers have to let victims know their rights
jenyasd209 [6]
If you are a victim, under Maryland law: Police must inform you of your basic rights as a victim so the answer is yes.
I hope it helps
Can you please give me a brainliest answer because I am just one more tk get my other rank pls ☺️
3 0
2 years ago
if you hire a moving truck and you havnt packaged your belongings do you have to pay them more for waiting?
suter [353]

Answer:

No

Explanation:

Moving is done by the job and how many things they move not usually based on labored time.

7 0
2 years ago
Help please I’ll give 30 points and mark as brainliest
Alekssandra [29.7K]

Answer:

\:  \:  \:

Andrew Jackson!!

5 0
2 years ago
Other questions:
  • 11. At a minimum, your vehicle insurance policy must provide coverage of _________ for injury or death of one person.
    15·2 answers
  • 4. A new agent capable of infecting mammals, birds, and certain insects has been found in approximately
    7·2 answers
  • 5. In a bench trial, the
    10·2 answers
  • Which supreme court decision had nine different opinions written by the justices?
    10·2 answers
  • Who owns the rights to sell Cadbury in the US? Why is this a conflict now?
    10·2 answers
  • Once you identified a potential conflict of interest,which question should you ask yourself next?
    13·2 answers
  • Late one Saturday evening , and Mark decide to a local.convenience store Mark has a loaded shotgun for the robbery , but both me
    14·1 answer
  • Can a school official search a student's locker with only reasonable suspicion?<br><br> Yes<br> No
    13·2 answers
  • License fees are imposed in the exercise of police power. <br> True or False
    13·2 answers
  • Difference between confidentiality and privacy
    13·2 answers
Add answer
Login
Not registered? Fast signup
Signup
Login Signup
Ask question!