Alabama Legal System: Administrative Regulations (Essay Sample)

Alabama Legal System
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Institution
1 Your state’s administrative regulations specifying the licensure process for real estate agents.
All through the United States, administrative regulations and licensure process varies for real estate’s agents vary from one state to another. The mainstream of states may offer some form of license in tradeoff to applicants who are at present licensed in another state. Most often, states may waive the national percentage of the examination and certain pre-licensing education necessities for applicants approved in good standing in another state. In Alabama State, an applicant to be a real estate agent must be aged at least 19; be trustworthy and competent to transact business; be a U.S. citizen, permanent resident alien, or a legal resident of the United States; and demonstrate proof of high school graduation or its equivalent. Additionally, he or she must not have had a real estate application or license disallowed or rescinded in another state in the course of the previous two years (Cga.ct.gov, 2016).
Further, the applicant must pass written examination and must have been a real estate licensee for at minimum 24 months of the previous 36-month period. Additionally, one must go through a minimum 60-hour course in real estate sanctioned by the Real Estate Commission. For renewals, there are regulations that one must complete at least 15 hours of CE course work each two-year period. On the fees, an original license fee of $150 applies and a license renewal fee of $95 annually for each year of the license period customarily two years (Cga.ct.gov, 2016).
2 The local ordinance in your municipality governing noise.
In my municipality, the law governing noise is very clear and states that "it shall be unlawful for any individual or entity within the corporate limits of the city to make, produce, cause, continue, allow or permit any loud, excessive, unusual or unnecessary noise which unreasonably interferes with the comfort, repose, health, peace, safety or welfare of others inside the corporate limits of the city." This rule applies to vastly and includes noises from motorized vehicles on public premises, motorized vehicles on private premises, Other than motor vehicles it further includes across property lines, noises created by horns, signaling devices, whistles, exhausts, defect in vehicle or load, noise adjacent to schools, libraries, hospitals, churches, peddlers and participation in noisy parties or gatherings among other various descriptions (Municode.com, 2016).
3 The most recent opinion of your state’s highest appeals court describing the extent to which the state constitution requires that the power of eminent domain be exercised only for a public use.
Clauses on eminent domain describes the power a government has to take private property for public use. The U.S. Constitution’s Fifth Amendment necessitates that government employing this power must offer just reimbursement to the property owner. In Alabama, the highest appeals court works on a legislation that disallows the practice of eminent domain to transfer private property from its primary owner to office, industrial, or retail corporations, or residential developers. Further, prohibited is the transfers to another from one private party for drives of generating tax revenue. This provision precludes the application of eminent domain for the determination of gripping the property from one unit and giving it to another basically so that the municipality practicing the eminent domain can obtain improved tax revenue due to the use of that property. However, this legislation bears an exception for wrecked areas, in which case property can be reassigned to a private entity. Alabama law still permits the use of eminent domain for projects for instance transportation infrastructure, utility lines and transmission, parks and government buildings (Kratovil & Harrison, 1954).
4 A recent federal trial court decision in your federal district describing the standard for summary judgment in federal court.
Provisions for summary judgment describes that any party is able to move for summary judgment, categorizing each defense or claim or the part of each defense or claim on which such summary judgment is required. For the standards, the court shall award summary judgment if the movant demonstrates that there is no sincere dispute as to any substantial fact and the movant is permitted to judgment as a concern of law. The court thus should state on the record the details for permitting or rejecting the motion. (LII / Legal Information Institute)
For recent federal trial court decision, regarding the claimant, each party pursuing to recover on a claim, counterclaim, or cross-claim or to acquire a declaratory judgment could, at any time after the termination of thirty (30) days preceding the commencement of the action or after service of a motion for summary judgment by the opposing party, move with or without backing affidavits for a summary judgment in the party’s favor upon all or any part thereof. Further, for the defending party, provided is that a party counter to whom a claim, counterclaim, or cross-claim is declared or a declaratory judgment is sought could,...