Where is Arizona&#39;s [and other states] timezone defined? Where is the timezone defined for Arizona? Is it in the Arizona constitution? Is it in Arizona Revised Statutes? Is it in the United States constitution? Is it in the United States Code? Where is Arizona's timezones legally defined? What about other states? What about other non-states, like Washington D.C., and reservations? Are there any laws governing timezones federally? Is every state legally required to establish a timezone? It the timezone based on UTC, GMT, or any other time standard? What is the history of legal timezone definitions? Do Indian reservations have to define a timezone? EDIT: If federal law governs timezones, is it within their constitutional powers to do so, or could libertarians (or other party) argue otherwise? Could a state use their 10th ammendment rights (along with any other state rights) to override any federal law or standard?
The basis for timezones within the US is part of the 15 U.S. Code SUBCHAPTER IX— STANDARD TIME, which defines the offset from UTC, names and special cases. The actual specific boundaries are formed by the basis of an order from the Transportation Secretary.
I have the same line in a contract that was just sent to me. So I did some quick research into this. However, I AM NEW TO THE SYSTEM AND DO NOT KNOW IT WELL!!, so please do not act on this information without seeking further advice from the relevant professionals. From what I can gather, the "Arbeitszeitgesetz (ArbZG)" is the law that governs working hours in Germany. Here is a link: http://www.gesetze-im-internet.de/bundesrecht/arbzg/gesamt.pdf I used Google Translate to translate this information and found that in §3 it states that "The default daily working time must not exceed eight hours. It can only be extended up to ten hours if within six calendar months or 24 weeks an average of eight hours working day is not exceeded." This would lead me to believe that even if overtime is not paid as extra on top of your salary, they must give you the time off at another time to keep the average working day to 8 hours. **However, as the working week is Monday - Sat, the average working hours per week may be calculated as 48 hours per week, and not 40! Once again, I am not fully sure of my information, so use at your own risk!!
The U.S. Constitution - Article 1, Section 10 is titled "Powers Prohibited of States," and it reads: No state shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility. The title of the section, Powers Prohibited of States, tells us that this clause is directed to the states and prevents the states from enacting any state laws that retroactively impair obligations and rights between two contracting parties. In New Orleans Water Works Co. v. Louisiana Sugar Refining Co, the court held that a law passed by the state legislature must be the cause of a contract's obligations to have been impaired in order for relief to be sought under this clause. The Heritage Guide to The Constitution has a good article explaining the history of this clause. A central provision of the Northwest Ordinance, which established the Northwest Territory, stated: In the just preservation of rights and property, it is understood and declared, that no law ought ever to be made, or have force in the said territory, that shall, in any manner whatever, interfere with or affect private contracts or engagements, bona fide, and without fraud, previously formed. While operating under the Articles of Confederation between 1777 and 1789 when the U.S. Constitution was adopted, some state legislatures were passing laws relieving well-connected people from debts for which they had contracted. As the Heritage Guide explains, the obligation of contracts section was added to the clause of the Constitution which prevented states from printing money and making treaties. Initially, the clause was meant to prevent state legislation that retroactively changed the terms of private contracts. But as cases worked their way through the courts, the Supreme Court eventually set that standard that the obligation of contracts clause also prevented states from undoing contracts to which the state was a party where the obligation of the contract had been completed. (As opposed to breach of contract claims for uncompleted contracts.) Ogden v Saunders, in 1827, held that the obligation of contracts clause doesn't apply to contracts that did not exist at the time a statute was passed. Those states with their own Obligation of Contracts Clause may have had them before the U.S. Constitution was written (Virginia's original constitution was enacted in 1776) or may have added them as an amplification of the prohibition found in the U.S. Constitution.
Texas and California are actually what are called Presumed Speeding states, unlike most others which are Absolute Speeding states. (There is a little known third category called Basic, but this is uncommon). In a presumed speeding state, a speed-limit violation offers someone in your shoes far more flexibility in building your defense than the more common absolute state. In states that use this presumed system, such as California and Texas, it is not illegal to drive over the posted limit as long as you are driving safely and this can be established. For example, if you are driving 50 mph in a 40-mph zone, you are "presumed" to be speeding, yes. However, despite this prima facie evidence (meaning "on its face") of speed in excess of the posted limit, if you can show you were driving safely you may be able to mount a pretty decent defense. Just because you got a ticket is not prima facie evidence beyond a reasonable doubt that you were speeding. You are presumed innocent. If they prove you were speeding this is all they need to make their case, unless you rebut it. But there is a lot of room to rebut this presumption &ndash; and that is if they prove it. They must (as with all criminal cases) prove you did what you are accused of beyond a reasonable doubt &ndash; the highest standard of proof in the U.S. So, if everyone was going 80 MPH in a 70MPH zone, you would argue that the road was (I'm assuming) dry, unmarred, you were traveling in heavy enough traffic that to slow your speed to the posted limit would actually be less safe than traveling with the flow of traffic. You can talk about the state of your vehicle (repair, handling, etc.), how you stayed in one lane, and you can describe your skill at driving &ndash; especially if you have no other tickets and you have been driving for a long time. If you were weaving in and out of traffic, riding someone's bumper, if it was pouring rain, the road was bumpy or under construction, or if you admitted speeding (if you did this you can still rebut with a showing of safe driving, but ignore all info regarding challenging radar or other means of determining speed), or if any other evidence exists that the officer would testify to that shows you were not driving safely, this will not be successful. A successful example of a speeding defense in Texas: on a clear, dry morning with no other cars on a wide, straight road, a man is pulled over for being clocked going 50 mph in a 40 MPH zone. He had a perfect record and had been driving 22 years. He was driving a 2-year-old car. He convinced a judge that this was driving safely given those conditions and was acquitted. That's because facts presented were sufficient to "rebut the presumption" that by going over the posted limit he was driving at an unsafe speed. NOTE: Never bring up your driving record unless it is spotless. Unless you are a habitual offender it cannot be used against you or be brought into evidence at all, unless you open the door. You can also mount a defense based on the radar detection device, if one was used. You can seek records as to when the calibration fork was last checked, when the last time it was professionally calibrated (rather than self calibrated). You can ask, in a leading way (only if you know) how close the car behind and in front of you were (you don't want to be too close to the car in front of you, however if the cars were tightly grouped it is more likely the radar detector could have read another vehicle): e.g., "Isn't it true that the car behind me was only 1.5 car lengths behind me?" Only do this if you know, but if you can get the officer to admit that the car behind you was close, that can be used to rebut the radar detection and goes to the argument that driving slower would have been dangerous and you were driving safely with the flow of traffic. You should be prepared to put on an entire trial if you fight the ticket. In Texas, I believe speeding is considered a Class C criminal offense (rather than a civil offense as in most absolute states); hence, they have to build the prima facie case against you and prove it beyond reasonable doubt. If you can afford one, get a good traffic violation attorney. Always choose a jury in this type of case. Everyone speeds a little and you are far more likely to be acquitted by a jury than a judge. You should also ask to have the case assigned to the county seat; request this in writing ASAP. If you are trying the case, be prepared to go after the officer. Note any distinguishing marks on your car (if any), recall what you wore, what time of day, the lighting, all that. Even go back to the scene at the same day and time and take video showing the flow of traffic, (hopefully) the straightness of the road, etc. Cross-examine him on all facts with confidence and in a leading manner. Always ask for the calibration reports and you will get all evidence against you in discovery. This thing about 10mph being the minimum they can give a ticket for: ignore that, it's rubbish! It's meant to get you to admit to him that "you were only going 8 or 9 over." Also, that whole percentile argument is not relevant and will not work at all. You must show that you were driving safely given all the facts and circumstances to rebut the presumption that you were driving unsafely by speeding. It is worth fighting as you will also incur surcharges, increased insurance rates, and points on your license that are cumulative and stay for 3 years &ndash; a certain amount of which gets you suspended if you get (or have) more violations.
There is no absolute rule in such cases. It is often a matter of negotiation between the state and federal authorities, and failing agreement, a matter of which authority has the prisoner in custody. Often the question of which crime is more serious or carries a longer sentence is an issue in such negotiations.
Courts, particularly traffic courts, tend to take a police officer's word over that of an accused person. While legally the limit is 70, the driver has very little recourse if the officer claims falsely that the actual speed was over 70. But the deterant effect of a posted limit is lost, since drivers in general have no way to know that Officer O will ticket anyone going over 60. I suppose that driver D, or D's lawyer, could subpoena calibration records of any radar gun or other measuring devise used, and could insist on its being tested. However, unless they had reason to think there was an issue, I wonder if D and D's lawyer would go through that process. Some speed measuring devices print a paper slip showing the date and time along with the reading. If such a device was used that record would be harder to alter. Some cars are now equipped with devices provided by insurance companies that record speeds and other driving info in a secure way to help judge a driver's safety and allow individual rate setting. It might be that the record from such a device would be admissible to show the speed was under the posted limit. But there is a sense in which the law is what the police and the courts enforce. If anyone who drives the road over 60 is cited and must pay, one could say the effective limit there is 60.
Time immemorial is 1189 CE Do you know how many documents survive from 1189 CE? F#*k all, that’s how many. We don’t have the original case law because, quite simply, we don’t have the original case law. In any event, “time immemorial” is simply a legal fiction stating the date to which you had to be able to trace land ownership before you had indefeasibility of title. Common law goes back way beyond that and even way beyond the Norman conquest in 1066. At a certain point, it doesn’t matter. Things are done that way because things are done that way. For example, Pythagoras’ Rule (the square of the hypotenuse of a right triangle is equal to the sum of the squares of the other two sides) was not discovered by Pythagoras. It was known to both the Babylonians and Egyptians 1,000 years before Pythagoras was born yet it will likely be Pythagoras’ Rule for as long as the human race endures.
Down - to the centre of the Earth. In a practical sense, 10km or so. Up - to the edge of space. Assuming she is not a US citizen, LPR or visa holder, has she illegally entered the country? Has she entered the country? Yes. Is this illegal? Well, presuming it is not a place &quot;designated by immigration officers&quot; for entry? Yes, irrespective of any residency or visas she holds. Only US citizens may enter at other than designated crossing places. If she commits a crime while in that area, would a court in Arizona have jurisdiction to try her for it? Yes. What about a court in Sonora? Maybe. It depends on if the crime triggers some form of extraterritorial Mexican jurisdiction. If she gives birth to a child while in that area, would the child be a US citizen by jus soli ? Yes. Would it be a Mexican citizen? If the mother or father is a Mexican, yes. Also, if the person is born on a Mexican-registered vessel or aircraft which seems unlikely in the circumstances. She has jumped across the border line, but has not yet landed (okay, hard to imagine a child being born in this short of a time, but surely a crime could be committed while in the air) Same answers apply. She is in an airplane crossing the airspace over Arizona What is the nationality of the airplane? Is this a commercial or private flight? Is its source or destination in the US, Mexico, both or neither? Has she passed through any nation's immigration? She is an astronaut on the International Space Station, which happens to pass over Arizona in its orbit. The ISS is subject to it's own treaties - it depends on her nationality and what part of the ISS she is in at the time.