FEDERAL TAXATION CASE STUDY
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- Sonzinsky v. US
- McCulloch v. Maryland
- US v. Kahriger
,Where to find attorneys
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- paid advertising
- word-of-mouth advertising
- meeting with attorney
- attorney referral services
- public defender
- solicitation (unethical)
Frustration of Federal Purpose
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state law disrupts the purpose of a federal law
Davis v. Michigan Dept of Treasury
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- Taxes must apply equally to all retirement benefits
-- Michigan exempted state employee retirement benefits from state
income tax
DORMANT COMMERCE CLAUSE CASE STUDY
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, - Hughes v. Oklahoma
- Chemical Waste Management v. Hunt
- Rowe v. New Hampshire
- Wyoming v. Oklahoma
Frivolous lawsuits
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claims without legal justification that are only made with the intention of
retaliating against or punishing the other party by driving up fees and
wasting time
- lawyers cannot write a letter/make a phone call regarding an invalid claim
- federal civil procedures permit sanctions on frivolous lawsuits
Who has taxing power?
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Congress and states
arbitration
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, - alternative to litigation whereby conflicting parties select a neutral third
party to hear and decide their dispute. Can be binding or nonbinding
Stare Decisis
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- mandate that inferior courts follow decision of superior courts
- only a higher court can overrule a lower court
- horizontal courts MAY CONSIDER earlier precedent, but horizontal
decisions NOT BINDING
- provides stability and predictability to legal system
Examples of law changing and adjusting with changing social norms
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- affirmative action
- role of women
- Plessy v. Ferguson
- intellectual property law
- international law
- environmental law
- internet
corporate and financial meltdowns
Lawmaking by Executive Branch
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- Sonzinsky v. US
- McCulloch v. Maryland
- US v. Kahriger
,Where to find attorneys
Give this one a try later!
- paid advertising
- word-of-mouth advertising
- meeting with attorney
- attorney referral services
- public defender
- solicitation (unethical)
Frustration of Federal Purpose
Give this one a try later!
state law disrupts the purpose of a federal law
Davis v. Michigan Dept of Treasury
Give this one a try later!
- Taxes must apply equally to all retirement benefits
-- Michigan exempted state employee retirement benefits from state
income tax
DORMANT COMMERCE CLAUSE CASE STUDY
Give this one a try later!
, - Hughes v. Oklahoma
- Chemical Waste Management v. Hunt
- Rowe v. New Hampshire
- Wyoming v. Oklahoma
Frivolous lawsuits
Give this one a try later!
claims without legal justification that are only made with the intention of
retaliating against or punishing the other party by driving up fees and
wasting time
- lawyers cannot write a letter/make a phone call regarding an invalid claim
- federal civil procedures permit sanctions on frivolous lawsuits
Who has taxing power?
Give this one a try later!
Congress and states
arbitration
Give this one a try later!
, - alternative to litigation whereby conflicting parties select a neutral third
party to hear and decide their dispute. Can be binding or nonbinding
Stare Decisis
Give this one a try later!
- mandate that inferior courts follow decision of superior courts
- only a higher court can overrule a lower court
- horizontal courts MAY CONSIDER earlier precedent, but horizontal
decisions NOT BINDING
- provides stability and predictability to legal system
Examples of law changing and adjusting with changing social norms
Give this one a try later!
- affirmative action
- role of women
- Plessy v. Ferguson
- intellectual property law
- international law
- environmental law
- internet
corporate and financial meltdowns
Lawmaking by Executive Branch
Give this one a try later!
