2. BLOG POST
New Jersey’s Anti-Bullying Law
"Indicators of School Crime and Safety," a 2009 study conducted by the United States Departments of
Justice and Education, reported that thirty-two percent (32%) of students ages twelve to eighteen were
bullied in the previous school year. According to the study, twenty-five percent (25%) of the
responding public schools indicated that bullying was a daily or weekly problem. The Centers for
Disease Control and Prevention, reported in 2009, that the percentage of students bullied in New Jersey
is one percentage point higher than the national median.
Since 2008, each school district in New Jersey has been required to post its anti-bullying policy on its
website and distribute it annually to parents and guardians of students. The New Jersey Legislature has
concluded, since that time, that students, parents, teachers, principals, school staff, and board of
education members would benefit by the establishment of clearer standards on what constitutes
harassment, intimidation, and bullying, and how to prevent, report, investigate, and respond to
incidents of harassment, intimidation, and bullying. It therefore, enacted the Anti-Bullying Bill of
Rights Act (“the Act”), which took effect in January of 2011.
The Act defines harassment, intimidation, or bullying as:
Any gesture, written, verbal or physical act, or electronic communication, whether it be a single
incident or a series of incidents, that is reasonably perceived as being motivated by an actual or
perceived characteristic, such as race, color, religion, ancestry, national origin, gender, sexual
orientation, gender identity and expression, or a mental, physical or sensory disability, or by any other
distinguishing characteristic, that takes place on school property, at a school-sponsored function, or on
a school bus, that substantially disrupts or interferes with the orderly operation of the school or the
rights of other students and;
3. ARTICLE
Exceptions to the Search Warrant Requirement
Consent. A police officer may ask for consent to search your vehicle, home, or your person for any reason.
He or she does not need probable cause or reasonable suspicion to ask for your permission to conduct a
search. A person has the right to refuse to give consent, or when giving consent, to limit the scope of the
search. For example, to tell the officer he or she may not search the vehicle, or that he or she may search the
passenger compartment of the vehicle, but not the trunk. If an officer has no other reason to conduct the
search, he or she must follow any limiting guidelines given by the person consenting. Who may give
consent to a search? The general rule is that any adult who appears to have reasonable authority to consent
may give consent for the search of a vehicle, residence, or a minor child’s property, such as his or her
bedroom or backpack. When co-owners of property are both present, such as a husband and wife who own
a home
Example of a consent search: During a traffic stop, a police officer has a suspicion that the occupants of a
vehicle are in possession of marijuana. He does not see any drugs or weapons in the vehicle and the driver
does not appear to be intoxicated. He has no probable cause, so he asks the driver if he may search the
vehicle. The driver gives consent, and he searches the vehicle.
Probable cause. This applies only to searches of a vehicle. In 1925, the U.S. Supreme Court held, in
Carroll v. U.S., that an officer could conduct a search of a vehicle in transit (one moving on public roads) if
he or she had probable cause to believe the vehicle was transporting evidence or contraband.
4. PERSUASIVE ARTICLE
The Gramm-Leech-Bliley Act
The Gramm-Leach-Bliley Act of 1999 (“the Act”) can be found in title 15 of the United States Code. The Act
provides for administrative, technical, and physical safeguards of consumers’ personal financial information by
requiring certain agencies and authorities to establish a set of standards for the recording, storage, and use of said
information. The Act specifically protects the personally identifiable information of financial institutions’ customers by
prohibiting financial institutions from disclosing individuals’ nonpublic personal information to certain third parties
without the proper authorization.
The Act applies to any institution whose business is to engage in financial activities. It defines “financial
activities”, in part, as “arranging, effecting, or facilitating financial transactions for the account of third parties.”
Because one of the primary activities of an auto dealership is to arrange for banks and/or credit unions to provide loans
to its customers, an auto dealership is considered to be in the business of engaging in financial activities, and therefore a
financial institution for the purpose of the Gramm-Leach-Bliley Act. As an entity covered by the Act, an auto dealership
is required to provide its customers with an explanation of what information may be disclosed to a third party, whom
that third party may be, and to provide an explanation of how the customer may exercise the option of directing that
their information not be disclosed. The dealership must provide this information to its customers before any disclosure is
made.
The Act applies to nonpublic personal information, which is defined as “personally identifiable financial
information” disclosed to the institution or obtained by it in the course of any transaction between the institution and the
consumer or any service provided to the consumer. Such personally identifiable information is commonly requested
during the discovery phase of litigation. The Gramm-Leach-Bliley Act permits auto dealers to redact personal identifiers
from responses to discovery requests in order to ensure compliance with section 6802(b)(1). This section would require
that, before answering discovery requests, a dealer contact all consumers whose information is being requested, inform
them of the information requested, advise them as to the
5. PLEADING
RESPONSE TO DEFENDANTS’ AMENDED MOTION TO DISMISS
PLAINTIFF’S COMPLAINT FOR ADMINISTRATIVE REVIEW
Comes now Plaintiff, XXXX, by counsel, XXX, and for his response to Defendants’ Amended Motion to Dismiss Plaintiff’s
Complaint for Administrative Review alleges and says:
1. That pursuant to § 735 ILCS 5/3-101, a copy of which is attached and incorporated herein, marked as “Exhibit A”,
administrative agency means “a person, body of persons, group, officer, board, bureau, commission or department (other than a court or
judge) of the State, or of any political subdivision of the State or municipal corporation in the State, having power under law to make
administrative decisions.”
2. That § 735 ILCS 5/3-101 also provides, in relevant part:
"Administrative decision" or "decision" means any decision, order or determination of any administrative agency rendered in a
particular case, which affects the legal rights, duties or privileges of parties….”
3. That levying a fine against a person, as Defendant, XXXX (“XXXX”), did is an administrative decision, which affects the legal
rights and duties of the Plaintiff.
4. That Defendants own affidavits recognize that XXX was formed by agreement of several “governmental entities”, “for the
purpose of conducting administrative hearings”, “before an administrative law judge”. The Affidavits of XXXX, XXXX, and XXXX
are attached and incorporated herein, marked as Exhibits B, C, and D, respectively.
6. HOW TO GUIDE
How to Appeal an IRS Tax Audit
The Internal Revenue Service (“IRS”) accepts most federal tax returns as filed. However, the
IRS audits, or examines, some returns to determine if income, expenses, and credits are being
reported accurately. During the audit, the IRS may propose adjustments to the tax return, based
on any inaccuracies it finds. Most taxpayers agree to changes proposed by examiners, and their
case is closed. If you do not agree, however, you can appeal any proposed change to your local
Appeals Office, within thirty (30) days of receiving the letter notifying you of the proposed
changes and your right to appeal, (“30-day letter”). To appeal your IRS tax audit:
1. Choose your venue. You may always appeal proposed changes to your local IRS Appeals
Office. In some instances, however, you may also be able to appeal to the United States Tax
Court, the United States Court of Federal Claims, or the United States District Court. You may
wish to consult with an attorney, Certified Public Accountant (“CPA”), or an enrolled agent, a
tax professional enrolled to represent taxpayers before the IRS, to determine which venue is
most appropriate in your situation.
2. Decide if you will hire professional representation. Whether appealing to the IRS or the
Court, you have the right to professional representation. When appealing to the IRS, or Tax
Court, representation may be a CPA, attorney, or enrolled agent. When appealing to the Federal
Claims or District Court, representation must be by a licensed attorney. When choosing
representation, you may wish to consider:
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