Public Records Law
The law provides for the disclosure and maintenance of public records. The function of the law is to ensure that documents are preserved in such a way that the public can view them. In Georgia, the public records for agencies, departments, bureaus, state departments, authorities, commissions, and non-governmental organizations can all be monitored and inspected by the public. The term public record in the state is defined to comprise of books, maps, written documents, tapes, electronic information, and photographs among others. However, there are exemptions which comprise of documents that cannot be accessed by the public. They include confidential documents, personal privacy such as medical documents, and investigations of law enforcement. Others include reports concerning motor vehicle accidents, donated records, historic properties, and staff services among others. Request to access public records in Georgia is a straightforward exercise that can be done either informally or formally by a letter addressing the public records officer. Among others, the letter should contain information that it is a public records request, the description of the record in demand, and the wavering of fees. In case the agency wishes to deny the request, the denial should be put in writing, and it should be based on legally tenable reasons. The applicant has the right to file a suit through the attorney general if they feel that they have been wrongfully denied the access to the records (’Access to Public Records in Georgia’’).
Supreme Court Ruling on Federal Income Tax
The end of the First World War saw a massive widespread propaganda by the secretary of state to convince the public to abandon the needless pleasures that existed. The department adopted an education campaign to enlighten the public on tax and its important features. The state department utilized the clergy who preached the importance of taxes in their summons hence reducing the number of people complaining about the burden caused by the taxes. In 1894, the income tax statute was termed unconstitutional. The Supreme Court, through its 5-4 decision made a ruling that the direct tax incurred on the real and personal property was not constitutional and therefore regarded it as void.
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Federal Statute and Transportation
The secretary is responsible for making payments to the state from time to time as progress is made on the particular work. Payments made include those in accordance with the long-term concession agreement. The payments are made with respect to the value of the materials that have either been stockpiled in the construction's vicinity or those that are not in the construction's vicinity due to unavoidable challenges. Payments can only be made on projects that are covered under the project agreement.
Federal Joint Regulation on Endangered Species
According to Evans et al . (2016), the 1973 Endangered Species Act outlines that the Interior or commerce secretary to determine the likelihood that a species is endangered or threatened. The Act defines a species as fish, wildlife, or a plant. Certain rules and principles apply for listing, delisting, and reclassifying species. All species of animals are eligible for being listed under the act. Taxonomic groups higher than species are enlisted if all individual species in the group are proven to be endangered. In evaluating whether a population of species is part of the act, the secretary will utilize the biological expertise and standard taxonomic rules. Based on the scientific and commercial analysis, the Secretary may declare a species threatened or endangered under the certain conditions. They include when their habit is under the threat of destruction, disease and predation, natural and artificial factors affection the continued existence of the species, and also their utilization for recreational, commercial, educational, or scientific purposes. A species might be delisted if it can be substantiated that it is neither threatened or endangered under the listed reasons.
Licensure Process for Real Estate Agents
In Georgia, the real estate laws target landlords, renters, and homeowners. The state has protection laws that allow property owners to protect their property from a creditor. The Georgia real estate commission may either grant or deny licenses, may conduct hearings that are intended to restore discipline and impose penalties, and finally, they may also charge and collect fees. The governor appoints the real estate commission under the confirmation of the Senate ( Smith & Malloy, 2013). Certain requirements are needed for an individual to be considered for real estate license in Georgia. General academic requirements include that the person must possess a high school diploma and must have completed a 75-hour pre-license course at an institution that is approved by the Georgia Real Estate Commission. Additionally, the person must have attained the age of 18. The candidate for the license must also apply and enroll for an examination that is given by the Applied Measurement Professionals that is approved by the commission for Georgia Real Estate. The individual then applies for the license within 12 months from the day they undertook the exam. Finally, license fees must also be paid that amounts to $170.
Local Ordinance Governing Noise
It is unlawful for any individual to make continued, loud or excessive noise that unreasonably interferes with peace, comfort, health, and safety of other individuals within a given jurisdiction. Horns and signaling devices within the domain of a city done continuously and intermittently in a period more than 60 seconds are prohibited. An exception is only made in the case of an emergency or danger. Playing radio, televisions, and other musical instruments in a manner that is audible to any person other than the operator are also prohibited. The operation of loudspeakers and amplifiers on weekdays between the 10 pm and 7 am is prohibited and on weekends and holidays, the legally acceptable time to operate loudspeakers is 10 pm, and 10 am. Salespersons intending to carry out their businesses by shouting within a residential are must possess a license. Special permits are required to be taken to protect individuals who might in one way or the other cause noise and disturbances to people. Failure to comply with the laws governing noise may result in penalties that may range from fines to jail terms.
Eminent Domain
Georgia has embraced the Supreme Court ruling that states can put on restrictions on their ability to apply their eminent domain. The state constitution of Georgia was amended in 2006 to provide that if the eminent domain is applied for development projections, then it must be for the public use. A ‘'Landowners' Bill of Rights'' was enacted to define further the meaning of ‘'public use'' which specifically represents roads and government use as asserted by Baude, (2012). Every city, county, and governmental bodies have specific rules that govern how they apply the eminent domain. Because Georgia is on a growing trend, it is the general opinion that the eminent domain should be used to drive for more schools, roads, courthouses, and other public projects.
Standard for Summary Judgment in Federal Court
A motion for a summary judgment is a request made to the court to rule that the respondent does not have a case due to the lack of facts or issue. The part making the motion tables a claim that the case should not be presented to the jury because the jury could only make a ruling that favors the moving party. The summary judgment is an area in the civil practice that has experienced much change over the years. ‘'F.R.C.P 56'' provides that summary judgment can only be given if there is lack of a genuine issue concerning a material fact.
Article about a Libel Law and Political Campaign Advertisements
Libel is a defamation method that can be expressed in writing, print, pictures, effigies, and signs among others. They are meant to injure the reputation of an individual through ridicule, public hatred, or contempt. The article highlights the Supreme Court’s decision to listen to arguments from two different political action committees that sought to thwart the provisions of the Ohio Election Commission which had sought to prevent billboard advertisements that had allegedly propagating lies about the candidate for the Congress position. The candidate asserted that the advertisements were misleading and false and only served to tarnish his image and hurt his reelection bid. The article also questions if the government should reign in on the matter given that it places individuals in a dilemma between respecting the constitutional freedom of free speech and a political crime that is intended to damage the candidacy of a particular individual. The article also discusses that the Supreme Court held that the First Amendment rights prevent the state courts from awarding damages that might be as a result of libel action (Cooper, 2014). Many courts have held that there must be proof of malice so that damage awards can be given. In conclusion, the Georgia law has defined the libel law in its constitution under the Georgia Codes of States. However, the petitioner in a libel case must prove that the defamation was specifically about them. No action is taken on statements that are made about a public in generality. Public figures in such a case must attempt to prove malice while private individuals must attempt to prove negligence.
References
‘’ Access to Public Records in Georgia’’ Digital Media Law (2017) http://www.dmlp.org/legal-guide/georgia/access-public-records-georgia
Baude, W. (2012). Rethinking the federal eminent domain power. Yale LJ , 122 , 1738.
Cooper, H. Joseph (2014) ‘’In a Political Campaign, Is There A Constitutionally Protected Right to Lie?’’Forbes https://www.forbes.com/sites/realspin/2014/01/31/in-a-political-campaign-is-there-a-constitutionally-protected-right-to-lie/#1653e931314a
Evans, D. M., Che-Castaldo, J. P., Crouse, D., Davis, F. W., Epanchin-Neill, R., Flather, C. H., ... & Master, L. L. (2016). Species recovery in the United States: Increasing the effectiveness of the Endangered Species Act. Issues in Ecology , 2016 (20).
Smith, J., & Malloy, R. P. (2013). Real Estate Transactions: Problems, Cases, and Materials . Wolters Kluwer Law & Business.
