Quick questions regarding the bill of rights.
10-24-2012, 05:14 PM
#1
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Quick questions regarding the bill of rights.
Im kinda stuck on two questions regarding the bill of rights.
The first is;
Kate’s financial records were kept with an accountant who prepared her tax returns. According to IRS investigation, a summons was issued to the accountant demanding access to the records, which had been delivered to Kate’s attorney by the accountant. Does the 5th amendment privilege against compulsory self-incrimination prevent the production of these business and tax records?
They need a court order to obtain bank records for purposes of an audit or investigation. However, they do not need a court order to levy the money in a bank account, provided they have given you formal notice correct?
The second is;
California law requires all students to register their political affiliation and religious affiliation before they are able to apply for any type of student aid, grants or reduced resident fees. Does this violate the Bill of Rights? If so which ones? And how or why/why not?
Now this im pretty stumped on.
The first is;
Kate’s financial records were kept with an accountant who prepared her tax returns. According to IRS investigation, a summons was issued to the accountant demanding access to the records, which had been delivered to Kate’s attorney by the accountant. Does the 5th amendment privilege against compulsory self-incrimination prevent the production of these business and tax records?
They need a court order to obtain bank records for purposes of an audit or investigation. However, they do not need a court order to levy the money in a bank account, provided they have given you formal notice correct?
The second is;
California law requires all students to register their political affiliation and religious affiliation before they are able to apply for any type of student aid, grants or reduced resident fees. Does this violate the Bill of Rights? If so which ones? And how or why/why not?
Now this im pretty stumped on.
Last edited by bkblitzed; 10-24-2012 at 05:16 PM.
10-24-2012, 06:09 PM
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as for the second one, im pretty sure a PUBLIC school cannot force students to present this information.
pretty sure the first amendment can cover this, though i might be wrong?
edit
wait.
im wrong, only because "student aid, grants or reduced resident fees"
pretty sure the first amendment can cover this, though i might be wrong?
edit
wait.
im wrong, only because "student aid, grants or reduced resident fees"
10-24-2012, 06:25 PM
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i think anything that is 'private' has the ability to give other 'benefits' that public scholarships or grants cannot award
10-26-2012, 06:31 PM
#5
IMANAL, but the fifth amendment does fall into place in the first example.
As soon as a criminal case is brought upon Kate, her records which MIGHT cause some "issues" then yes.
But if it were CIVIL case (versus a criminal one) then pleading the fifth has certain things that might not work for poor Kate.
As for the second example you said "a Calif law"... whichever means it has passed either a challenge in a court or there isn't anything worth it to challenge.
The 1st, 5th and even the 6th amendment will not help here. In fact the 10th amendment which gives states certain rights over federal one will be called upon.
Again IMANAL so do not take this as legal advice. Just someone who saw too many lawyer shows on TV...
As soon as a criminal case is brought upon Kate, her records which MIGHT cause some "issues" then yes.
But if it were CIVIL case (versus a criminal one) then pleading the fifth has certain things that might not work for poor Kate.
As for the second example you said "a Calif law"... whichever means it has passed either a challenge in a court or there isn't anything worth it to challenge.
The 1st, 5th and even the 6th amendment will not help here. In fact the 10th amendment which gives states certain rights over federal one will be called upon.
Again IMANAL so do not take this as legal advice. Just someone who saw too many lawyer shows on TV...
Last edited by ldivinag; 10-26-2012 at 06:34 PM.
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