PUBLIC RECORDS
Taking a particular state in specific, for example South Carolina, South Carolina’s public record states that a Public record" includes all books, papers, maps, photographs, cards, tapes, recordings, or other documentary materials regardless of physical form or characteristics prepared, owned, used, in the possession of, or retained by a public body. Records such as income tax returns, medical records, hospital medical staff reports, scholastic records, adoption records, records related to registration, and circulation of library materials which contain names or other personally identifying details regarding the users of public, private, school, college, technical college, university, and state institutional libraries and library systems, supported in whole or in part by public funds or expending public funds, or records which reveal the identity of the library patron checking out or requesting an item from the library or using other library services, except nonidentifying administrative and statistical reports of registration.
The FOIA does not require a public body to create a record that doesn’t already exist. If part of a document can legally be shielded from release, that doesn’t mean the entire document may be withheld. The agency must separate the exempt data and release the rest of it (this usually means taking a marker and blacking out some information).
Re-argument of U.S. supreme court on federal income tax
After the World War 1 the secretary of the treasury advised to have a widespread propaganda that entails convincing the public to let go of the needless pleasures that exist. The most important feature that was highlighted was the utilization of clergy in ti. It was because of it that many clergy man mentioned the taxes and its importance in their sermons. Since the clergymen were mentioned so the people who were previously complaining about the burden due to the imposition of taxes was decreased. According to the Court, this direct tax was invalid for several reasons: It violated Article I, Sections 2 and 9 of the Constitution because the tax on real estate income wasn't apportioned among the states in accordance with congressional representation, as required; the tax on profit from stocks and bonds improperly created a burden on state and municipal governments' ability to borrow money; and the tax on municipal bonds constituted a tax on the states, which was considered a violation of articles IV and V.
On May 21, 1895, the U.S. Supreme Court ruled that a direct tax on personal income was unconstitutional as a result of the case of Pollock v. Farmers‘ Loan and Trust Company. The lawsuit had been precipitated by the 1894 Income Tax Act. The Supreme Court’s 5-4 decision stated that a “direct tax” on the “income of real and of personal property” was “unconstitutional and void.” The Court overturned the federal income tax law, but Amendment XVI, ratified in 1913, gave Congress power to reinstate personal income tax in the areas the Court disallowed.

Payments to States for construction
Generally, it is said that from time to time the secretary will make payments to the state as the work progresses for the costs that are said to be incurred on a project by the state. Payments are to be made for the monetary value of the materials that are said to be stock piled in the area of the construction site in compliance to the preplanned schedule and the preset specifications of the project. Payments are also suppose to be made for the value of the materials that are not placed in the location of the construction if it is determined by the secretary that due to the reason of the wanted fabrication at the off-site the materials cannot by any means be stockpiled in the vicinity. After completion of the project in accordance with the project agreement, a State shall be entitled to payment out of the appropriate sums apportioned or allocated to the State of the unpaid balance of the Federal share payable for such project. Such payments shall be made to such official or officials or depository as may be designated by the State transportation department and authorized under the laws of the State to receive public funds of the State.
Federal joint regulation of U.S. Fish & Wildlife Service for listing and classifying endangered species
A species shall be listed or reclassified if the Secretary determines, on the basis of the best scientific and commercial data available after conducting a review of the species' status, that the species is endangered or threatened because of any one or a combination of the following factors:1) The present or threatened destruction, modification, or curtailment of its habitat or range; (2) Over utilization for commercial, recreational, scientific, or educational purposes (3) Disease or predation;(4) The inadequacy of existing regulatory mechanisms; or (5) Other natural or manmade factors affecting its continued existence. Such removal must be supported by the best scientific and commercial data available to the Secretary after conducting a review of the status of the species. A species may be delisted only if such data substantiate that it is neither endangered nor threatened for one or more of the following reasons: Extinction, recovery, or original data for classification in error.
South Carolina’s administrative regulations for the licensure process for real estate agents
In order to be a licensed real estate agent in the state of South Carolina, the individuals must be 18 to be licensed as a property manager and 21 to be licensed as a property manager-in-charge. A prospective licensee must be a high school graduate or hold a certificate of equivalency and must complete a Commission-approved thirty-hour Property Management course in the fundamentals and principles of property management. A law degree or baccalaureate degree with a major or master’s degree in real estate will qualify an applicant for the property management examination. Upon passing the property management examination, applicants must apply for a property manager or property manager-in-charge license within one year. No licensed experience is required to qualify for the property management examination.
Examinations are scheduled Monday through Friday and when warranted on Saturdays in Beaufort, Charleston, Columbia, Greenville, Myrtle Beach, S.C. and Charlotte, NC. PSI Examination Services is the testing provider for the Commission and they publish a Candidate Information Bulletin for approved candidates for the property management examination. Candidates receive a link to this bulletin when they receive the examination eligibility letter from the Commission. Retesting may be scheduled with PSI if the candidate fails the exam. Any applicant who has been convicted of a crime or sanctioned by any licensing agency or has adverse items on a credit report must reveal that fact on their application. The Commission may review the application and then conduct an investigation before an examination can be scheduled. This may result in a delay.
Each applicant must pay the following fees: 1. Examination Fee - $63 to PSI the examination vendor 2. Property Manager – Application fee of $35 (which includes $10 for a credit report). Within one year after passing the examination, applicants will pay a two-year license fee of $125 for the property manager license. 3. Property Manager-in-Charge - Application fee of $35 (which includes $10 for a credit report). Within one year after passing the examination, applicants will pay a two-year license fee of $250 for the property manager-in-charge.
Berkeley county, SC noise ordinance
It shall be unlawful for any person to willfully make or continue, or cause to be made or continued, any loud, unnecessary and unusual noise which disturbs the peace and quiet of any unincorporated residential area or which causes discomfort or annoyance to any person in any unincorporated residential area of the county. This shall include, but not be limited to, noises made by motor vehicles, motor boats, mechanical devices, electrical devices, electronic devices, musical instruments and all activities accessory to residential living. In determining whether an occurrence constitutes a violation under this section, a court or authority may consider, in addition to all other logically relevant factors, one or more of the following: 1. The intensity of the noise; 2. The general the area where the noise is occurring; 3. The time of day or night that the noise is occurring; 4 disturbing public or private property surrounding the area where such noise is occurring; 5.ensuring that mufflers or suppression devices of motor vehicles and/or boats, are placed on vehicles to keep noise down to an appropriate level. 6. Also if the noise coming from a motor vehicle is loud enough to cause the driver of such vehicle not to hear emergency sirens or warning horns from a safe distance.
Radios, televisions, musical instruments, and similar devices, and blowing your horn incessantly in an Residential areas means areas of the county containing single-family and multifamily dwellings, including houses, apartments, condominium projects, mobile homes, and mobile home parks is strictly prohibited. It can lead to f a misdemeanor and upon conviction shall pay a fine of not more than $500 or be imprisoned for a period not exceeding 30 days, or both.
SC opinion of the highest appeals court requires the power of eminent domain
Cobb v. SCDOT THE STATE OF SOUTH CAROLINA in the Supreme Court Gregg M. Cobb, Respondent, v. The South Carolina Department of Transportation, Petitioner. Ernest R. Leopard,
The Court of Appeals construed Judge Few’s order as leaving the “mode of trial” decision entirely to the trial judge’s discretion. We do not read this order so narrowly. Judge Few clearly ruled that Landowners are entitled to jury trials in the compensation phase of each case. This ruling, which cannot be overturned by the judge who eventually tries these cases, leaves only procedural issues such as “bifurcation.” In light of DOT’s argument at the hearing before Judge Few, “bifurcation” refers to DOT’s request that the taking and compensation issues be separated. DOT contended below, as it does here, that there should be a non-jury bifurcated proceeding allowing it to decide whether to pay compensation or “undo” the taking by restoring Landowners’ property to its previous condition.
Reading Judge Few’s order as allowing a jury trial in the compensation phase, we turn to the issue whether such an order is immediately appealable. If an order deprives a party of a mode of trial to which that party is entitled as a matter of right, the order is immediately appealable and failure to do so forever bars appellate review. Flagstar Corp. v. Royal Surplus Lines, 341 S.C. 68, 533 S.E.2d 331 (2000); Foggie v. CSX Transp., Inc., 313 S.C. 98, 431 S.E.2d 587 (1993); see also Pelfrey v. Bank of Greer, 270 S.C. 691, 244 S.E.2d 315 (1978) (an order allowing a jury trial is immediately appealable where there is no such entitlement as a matter of right). DOT asserts there is no right to a jury trial in an inverse condemnation case and therefore Judge Few’s order is immediately appealable.
SC Federal trial court decision describing the standard for summary judgment If on motion under this rule judgment is not rendered upon the whole case or for all the relief asked and a trial is necessary, the court at the hearing of the motion, by examining the pleadings and the evidence before it and by interrogating counsel, shall if practicable ascertain what material facts exist without substantial controversy and what material facts are actually and in good faith controverted. It may thereupon make an order specifying the facts that appear without substantial controversy, including the extent to which the amount of damages or other relief is not in controversy, and directing such further proceedings in the action as are just. Upon the trial of the action the facts so specified shall be deemed established, and the trial shall be conducted accordingly.
Such is the case in Vass v. Opal. In this premises liability action, we are reviewing the court of appeals' decision upholding the circuit court's grant of summary judgment in favor of a motel and its franchisee when a guest was shot in the leg during an attempted robbery outside of his motel door. An appellate court reviews a grant of summary judgment under the same standard required of the circuit court under Rule 56(c), SCRCP. A law review article about libel law and political campaign advertisements In 2010, an article published by New Saper Law talks about Defamation in political Campaigns. It talks about the recent conclusion of the Illinois primaries and statewide elections around the corner, media channels and airwaves have been a breeding ground for assaultive comments and statements between candidates. Television viewers and radio listeners have been bombarded with an onslaught of negative attack campaign ads and political statements that barrage one candidate while heralding the next as a savior. Many people are wondering how politicians and their supporters are able to publish these ads; certainly some of the ads cannot represent the whole truth. But the question then becomes when do such statements rise to the level of actionable defamation?
Most courts take the view that when a person runs for public office, he puts his character in issue so far as it relates to his fitness and qualifications for office. Accordingly, the politician’s prior conduct and actions are often fair game for comment. But campaign ads are famous for spinning the truth and such “spinning” of the facts typically walks a fine line to being false.
The per se categories most likely to encompass political attack ads are the categories for words that imply an inability to perform duties of office or employment, or statements implying a lack of ability in the person’s trade, profession or business. However, even these categories present unique challenges to a politician claiming that he has been defamed by a political statement. Political defamation cases often require courts to determine whether a political campaign can be considered the politician’s “profession” or “business.” Court positions can vary widely on this topic from state to state and it is important to consult an attorney for state specific advice.