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  1. #1
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    Mar 2006
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    Tobyhanna, PA
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    Default State and Commonwealth Laws vs. Federal Laws

    One question if I may.

    I'm in Pennsylvania.

    Is it true that State/Commonwealth Laws be consistant with Federal Laws?

  2. #2
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    Mar 2005
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    Michigan
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    Default Re: State/Commonwealth Laws vs. Federal Laws

    What are you actually intending to ask?

  3. #3
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    Default Re: State/Commonwealth Laws vs. Federal Laws

    If State/Commonwealth Laws can violate Federal Laws or be inconsistant by omitting certain provisions within a statute

  4. #4
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    Default Re: State/Commonwealth Laws vs. Federal Laws

    State and local laws do not necessarily have to correspond to federal laws on the same subject. In many circumstances where both sets of law attempt to regulate the same subject matter, federal law will preempt state or local law. Beyond that, you need to explain what you are asking about.

  5. #5
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    Default Re: State and Commonwealth Laws vs. Federal Laws

    Federal Law states in USC 2511(2)(d):

    (d) It shall not be unlawful under this chapter for a person not
    acting under color of law to intercept a wire, oral, or electronic
    communication where such person is a party to the communication or
    where one of the parties to the communication has given prior
    consent to such interception unless such communication is
    intercepted for the purpose of committing any criminal or tortious
    act in violation of the Constitution or laws of the United States
    or of any State.

    If someone recorded a conversation to protect what the person that recorded it said and had no criminal or tortious intent, could that person face charges. Please note Sir that the other party was not harmed in any way. Nor was that the purpose

  6. #6
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    Default Re: State and Commonwealth Laws vs. Federal Laws

    If somebody violates a state's wiretapping or eavesdropping law, they will not be able to get the charge dismissed by arguing that the federal law has a narrower scope.

  7. #7
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    Tobyhanna, PA
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    Default Re: State and Commonwealth Laws vs. Federal Laws

    One more comment on this would be that in ascertaining the intent of the General Assembly in the enactment of a statute, it is presumed that the General Assembly does not intend a result that is absurd or unreasonable.

    The fact that a different person violated the same statute and a criminal complaint was filed and disapproved by the DA's Office would constitute the first violator's conviction absurd and unreasonable. Also in contrary to the 14th Amendment of equal protection.

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