The function of courts refers to the judicial role that they play because courts can be classified according to their function (rather than jurisdiction) as trial courts, appellate courts, and specialized courts.
They are the lowest level of the court system. The trial court is the location of the first hearing in a case, where evidence is presented, testimony is taken, and a verdict is given. It is responsible for determining the facts of the case, making decisions about the admissibility of evidence, and determining the guilt or innocence of the defendant.
These courts' primary role is to review decisions made in the trial court to ensure that the correct law was applied and that the trial was conducted fairly. Specialized Courts: They are those courts that handle specific types of cases such as family court, tax court, bankruptcy court, etc. Specialized courts are designed to deal with specific legal issues that fall outside the normal purview of a general trial court.
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When something has already taken place you can use it as a rule of law o Start matching if you like the holding of the case
When something has already occurred, you can use it as a legal standard to start matching if you favor the decision made in the case; this is referred to be precedent.
Controlling precedents are referred to as "binding authority" in a jurisdiction. Any legal authority that a court must abide with while making a decision is known as a binding authority. Persuasive authority: Courts frequently use persuasive authorities (case law from other jurisdictions) while making decisions in first-impression matters. Occasionally, a court will veer from the rule of precedent if it determines that it should no longer be obeyed. This is known as a departure from first impression. A court may make a decision that differs from a precedent if it determines that the precedent is simply inaccurate or if social or technological advancements have rendered it irrelevant.
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weaknesses of the articles of confederation and how did it affect
Lack of a centralised government, the inability to tax, a weak military, the inability to control business, and the incapacity to enforce laws were the weaknesses of the articles of confederation.
What was the effect of weakness?The shortcomings of the Articles of Confederation had a number of detrimental impacts on the new country. The lack of a The shortcomings of the Articles of Confederation had a number of detrimental impacts on the new country. The lack of a centralised authority had a number of significant impacts, one of which was a weak and ineffectual national government. The government struggled to maintain a powerful military, control business, and uphold the law because it was unable to raise enough money through taxes. As a result, states frequently took independent actions and sought their own interests, resulting in state separation and hostility. Due to the government's inability to address commercial, financial, and diplomatic concerns, the economy became unstable, and the country's negotiating position abroad suffered.
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What is the prosecution's responsibility relative to the corpus delicti in obtaining a conviction for any crime? Can a corpus delicti be proven by a confession or admission of a defendant? Explain your response.
Answer:
The prosecution's responsibility relative to the corpus delicti in obtaining a conviction for any crime is to provide sufficient evidence that a crime was committed.
According to the EVIDENCE § 640 (11th ed. 1935), corpus delicti cannot be proven by a defendant's confession or admission. It remains the responsibility of the prosecution to provide enough evidence for the commission of a crime. It is only a defendant's voluntary confession that can be admitted as evidence. However, each judge is expected to weigh the confessional evidence.
Explanation:
Corpus delicti refers to a criminal justice principle that requires sufficient facts to be gathered as evidence to prove that a crime had been committed. This implies that corpus delicti is the body of evidence or facts and not a dead body as wrongfully construed sometimes.
Provide TWO (2) examples or situations that
prompt a MNC from a developed country to take advantage of the less
stringent laws and regulations of the local market in a developing
country (e.g., laws r
TWO examples or situations that prompt a MNC from a developed country to take advantage of the less stringent laws and regulations of the local market in a developing country are Tax Avoidance, Environmental Regulations.
Tax Avoidance: One example is when a multinational corporation (MNC) from a developed country takes advantage of the less stringent tax laws and regulations in a developing country. They may establish subsidiaries or offshore entities in the developing country to shift profits and reduce their tax liability. By exploiting tax loopholes or lower tax rates in the developing country, the MNC can potentially minimize their overall tax burden and increase their profits.
Environmental Regulations: Another example is when an MNC relocates or outsources its production to a developing country with less stringent environmental regulations. By doing so, the MNC can avoid the costs and compliance requirements associated with stricter environmental standards in their home country. This allows them to potentially operate with fewer restrictions, lower production costs, and potentially contribute to environmental degradation in the developing country.
It is important to note that these examples illustrate situations where MNCs may exploit differences in laws and regulations between developed and developing countries. However, it is crucial to promote responsible business practices that prioritize sustainability, ethical behavior, and adherence to global standards to ensure equitable and sustainable development for all parties involved.
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Which of the following defenses to contract enforcement can be successfully asserted by either party to the contract?
answer choices
O Illegality
O Incapacity
O Uncoscionability
O Misrepresentation
O Duress
Any of the listed defenses (illegality, incapacity, unconscionability, misrepresentation, duress) can potentially be asserted by either party to the contract as a defense to contract enforcement.
Being against the law or the regulations is the state of being illegal. Sometimes breaking the law is necessary to bring about change. The students considered it worth it to reform a bad law, even though they were aware that their acts were against the law and that they would be arrested. When a major health illness, its treatment, recovery from it, or subsequent treatment prevents a person from working, attending school, or carrying out other routine daily activities, this is referred to as incapacitating that condition. Any time a woman is unable to work due to pregnancy or to receive prenatal care.
Unconscionable is an adjective that refers to something that shocks the conscience because it is immoral, done without conscience, or shockingly unfair. The word is widely used in the area of contract law to describe agreements that contain blatantly unjust and oppressive conditions. An unconscionable contract is one that cannot be enforced by a court. A misrepresentation is a false or deceptive statement of truth made by one party to another during negotiations in a common law jurisdiction with the intent to induce that other party to enter into a contract. In law, a situation in which someone acts under duress or coercion is one in which the person is subjected to violence, threats, or other forms of pressure.
However, the success of such defenses may vary depending on the specific circumstances and the laws governing the contract. It is always recommended to consult with a legal professional for guidance on contract issues and defenses.
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the discovery stage in the trial process is intended for the: group of answer choices judge to have a chance to review the arguments before they make them before the jury parties to have time to present their sides of the case to the judge, who discovers the truth parties to obtain information about the facts before the trial starts parties to have time to present their sides of the case to the jury, so it can discover the truth all of the other choices are correct
The correct answer is C, The discovery stage in the trial process is intended for the parties to obtain information about the facts before the trial starts."
The discovery stage refers to the initial phase of a project or process, where the focus is on gathering information, conducting research, and exploring potential opportunities or solutions. It is a crucial step that lays the foundation for the entire project, helping to identify objectives, constraints, and risks.
During the discovery stage, teams engage in activities such as market analysis, customer research, and competitor assessments. They aim to understand the problem or need they are addressing, define project goals, and gain insights into the target audience. This stage often involves brainstorming sessions, interviews, surveys, and data analysis to uncover valuable information.
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Complete Question:
The discovery stage in the trial process is intended for the: group of answer choices
A). Judges to have a chance to review the arguments before they make them before the jury.
B). Parties to have time to present their sides of the case to the judge, who discovers the truth.
C). Parties to obtain information about the facts before the trial starts.
D). Parties to have time to present their sides of the case to the jury, so it can discover the truth all of the other choices are correct
Which of the following is not standard drink
12 ounces of beer
Answer: 12 oz of beer
Explanation: In the United States, one "standard" drink (or one alcoholic drink equivalent) contains roughly 14 grams of pure alcohol, which is found in: 12 ounces of regular beer, which is usually about 5% alcohol. 5 ounces of wine, which is typically about 12% alcohol. 1.5 ounces of distilled spirits, which is about 40% alcohol.
HOPE IT HELPS
The standard which is not considered a drink is 12 ounces of beer with 8% alcohol. Hence, Option (A) is correct.
A standard drink is defined as the amount of alcohol that contains approximately 14 grams (0.6 ounces) of pure alcohol.
Let's analyze the given information:
1.5 ounces of spirits with 40% alcohol: This amount of spirits typically contains approximately 14 grams of pure alcohol, making it a Standard Drink.5 ounces of red wine with 12% alcohol: This amount of wine generally contains around 14 grams of pure alcohol, making it a Standard Drink.12 ounces of beer with 5% alcohol: This quantity of beer usually contains about 14 grams of pure alcohol, making it a Standard Drink.However, the 12 ounces of beer with 8% alcohol exceeds the alcohol content typically found in a Standard Drink.
Thus, it contains more than the usual amount of pure alcohol and, therefore, is not considered a Standard Drink.
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What are the three main forms of city government?
Answer: legislative, Executive, and Judicial. Hope this helped: )
How many solutions does Leslie Feinberg Novel Written As A Call To Action For Trans Liberation have?
A correct instance of a name to motion here would be something like “call nowadays to agenda your free consultation!” Not solely have you cited the motion you desire the person to take (call today), however you have additionally furnished them with a reason why they need to take that motion (a free consultation).
How do you use call to motion in a sentence?That is a jolly fantastic call to action. I concept that there would possibly be a stirring name to action. His speech was once a career of hope for the future but it was no longer a call to motion to deal with the problem. It was once a clarion name to action, to concerted effort to uphold the sanctity of treaties.
What do you imply through call to action?A call to action (CTA) is a on the spot on a internet site that tells the person to take some certain action. A call to action is normally written as a command or action phrase, such as 'Sign Up' or 'Buy Now' and commonly takes the shape of a button or hyperlink.
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Under agency law what is an actual authority and apparent
authority? Why is the distinction important between each
one?
Under agency law, actual authority is the authority explicitly granted to an agent by the principal, while apparent authority is the authority created by the principal's actions.
Under agency law, actual authority and apparent authority are two types of authority granted to an agent by a principal. The distinction between the two is important as it determines the extent of the agent's power to bind the principal in legal relationships with third parties.
Actual authority refers to the authority explicitly given to an agent by the principal, either orally or in writing. It can be express, where the principal directly communicates the authority to the agent, or implied, where the authority is reasonably inferred from the nature of the agency relationship or the agent's position. Actual authority allows the agent to act on behalf of the principal and bind the principal in legal agreements.
On the other hand, apparent authority arises when the principal creates the appearance of authority in the agent, leading third parties to reasonably believe that the agent has the authority to act on behalf of the principal. This authority is based on the principal's words, actions, or past conduct. Even if the agent lacks actual authority, the principal can be bound by the agent's actions if the third party reasonably relies on the agent's apparent authority.
The distinction between actual and apparent authority is crucial because it determines the liability and obligations of the principal. Actual authority is within the control and knowledge of the principal, whereas apparent authority depends on the perception of third parties.
By clearly defining the scope of actual authority and communicating it to the agent and third parties, the principal can limit their liability and avoid unintended consequences resulting from the agent's actions. Similarly, third parties can rely on apparent authority and hold the principal accountable for the agent's actions if it is reasonable to do so.
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Concern exist whatever personally identifiable information or other sensitive information is collected and stored-in digital form or otherwise
Task 1: preparing a presentation about a crime
conduct online research about a crime that attracted national attention and provide details about the crime. create a slideshow presentation using the information that you collect.
type your response here:
task 2: analyzing the crime using two criminological theories
choose two different theories that explain the criminality involved in the crime you chose in the previous task. describe how each of the two theories explains why the person or persons committed the crime.
Individuals weigh risks and rewards to make a rational decision to commit a crime.
What are two criminological theories that can explain the criminality involved in a specific crime?However, I can provide a brief explanation of two common criminological theories for analyzing criminal behavior:
Rational Choice Theory: This theory suggests that individuals engage in criminal behavior after a rational decision-making process. According to this theory, the person committing the crime weighs the potential benefits against the risks and consequences. Factors such as the perceived rewards, costs, deterrence, and personal motivations play a role in their decision to engage in criminal activities.Social Learning Theory: This theory emphasizes the role of socialization and observational learning in criminal behavior. It suggests that individuals acquire criminal behaviors through interaction with others, particularly those who serve as role models. People learn criminal techniques, attitudes, and values through their social environment, including family, peers, and media. These learned behaviors and beliefs then influence their likelihood of engaging in criminal acts.Please note that without specific details about the crime you have chosen, it is not possible to provide a detailed analysis of how these theories apply to that particular case.
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the plaintiff must prove that the use of a person's name or likeness was knowingly made under a: group of answer choices b. common law right. a. legislative right. d. none of the above. c. statutorily granted right.
The plaintiff must prove that the use of a person's name or likeness was knowingly made under a statutorily granted right.
In cases where a person's name or likeness is used without their consent for commercial purposes, the right to control the use of one's own identity is generally protected under privacy laws or statutes. These statutes vary from jurisdiction to jurisdiction, but they typically grant individuals certain rights over the commercial use of their name, image, or likeness.
To successfully pursue a legal claim for unauthorized use of their name or likeness, the plaintiff must demonstrate that the use was made in violation of the rights granted by applicable statutes. This requires proving that the use of their name or likeness was intentional and without legal justification or authorization.
Common law rights, which are principles derived from court decisions rather than specific statutes, may also provide some protection in certain cases. However, the statement in question specifically refers to a statutorily granted right, indicating that the plaintiff must rely on statutory provisions rather than common law principles.
Legislative rights, on the other hand, typically refer to rights conferred by legislation or statutes. While legislation may play a role in establishing and clarifying the scope of rights related to the use of one's name or likeness, the specific wording of the statement suggests that the focus is on rights granted through statutes rather than rights established solely through legislative action.
In summary, the correct answer is "c. statutorily granted right." The plaintiff must prove that the use of a person's name or likeness was knowingly made under a statutorily granted right, indicating that their rights to control the use of their identity were violated under applicable privacy laws or statutes.
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How does Plessy v Ferguson show judicial restraint?
The way that Plessy v Ferguson show judicial restraint is Because it limited how the Equal Protection Clause of the 14th Amendment was interpreted, the case of Plessy v. Ferguson can be used as an illustration of judicial restraint.
How did Plessy vs Ferguson made segregation legal?Over the subsequent 50 years, the Plessy v. Ferguson ruling upheld the fundamental idea of racial segregation. The decision gave segregation on trains and buses, as well as in public places like hotels, theaters, and schools, legal legitimacy.
A Louisiana state law that permitted "equal but distinct accommodations for the white and colored races" was maintained by the Supreme Court's decision in this case. Three amendments to the Constitution and other measures enacted by Congress during the Reconstruction era guaranteed political rights for Black Americans.
Therefore, Those who support judicial restraint contend that courts lack a constitutional right to make laws and that only the legislative branch has the authority to do so. Federal judges are unelected representatives.
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reasons for the increasing growth of the internet as a site for crime and deviance?
lab 14-1 which rule of the federal rules of civil procedure requires expert witnesses to submit written reports?
Rule 26 of the Federal Rules of Civil Procedure requires expert witnesses to submit written reports.
The rule states that an expert witness must provide a written report detailing the facts and opinions to which the witness is expected to testify. The report must include a complete statement of all the facts and opinions to which the witness is expected to testify, the reasons for the opinions, any exhibits to be used as evidence, and the qualifications of the witness.
The report must be provided at least 90 days before the trial date, and the expert must be available for deposition prior to trial. The expert's report must be signed, dated, and served on all parties in the case.
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Which activity is probably NOT related to
interstate commerce?
Abusing household pets and other
domestic animals
Breeding animals for use in national
research facilities
Answer:
Breeding animals for use in national
research facilities
Explanation:
Interstate Commerce is related to the imports and exports of goods from state to state. This is an example of interstate commerce, and Congress has doesn't have the power to impose any tax on that kind of import or export, as stated in the US Constiution.
Mark Brainliest Please!
What are the two most common organizational divisions in the moderate- to large-sized police department?
Administration and officer training
Accident investigation and occupational crimes
SWAT and patrol
Operations and administration
Answer:
operation and administration
Explanation:
Many departments are divided into two major divisions: administration and operations.
In order for a punishment to be "cruel and unusual" it must be "grossly disproportionate" to the crime committed.
А
True
B False
Answer:
b False
Explanation:
Name at least ten issues that Bob and Carol should talk about.
Answer:
There kids they money there marriage
Explanation:
This is the minimum age required by the Constitution for a person to be President.
Answer:
You have to be at least 35 to be able to run for president.
Explanation:
Hope this helps! If it does, please mark me brainliest! Thank you! ;)
As directed by the Constitution, a presidential candidate must be a natural-born citizen of the United States, a resident for 14 years, and 35 years of age or older.
At the ______ level, government is often organized on a nonpartisan basis. A) national. B) state. C) local. D) federal.
At the local level, government is often organized on a nonpartisan basis. Therefore the correct option is (C) local level.
A nonpartisan government is a government that is not based on political parties. Such a government is made up of independent or nonpartisan public officials who are not affiliated with any political party.
Rather than concentrating on political interests, nonpartisan officials concentrate on the good of the people in their region.
A nonpartisan administration is a government that functions on a nonpartisan basis at the local, state, or federal level. It is free of political bias or influence and is dedicated to achieving the good of the people.
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Foreign policy is?
A. The way in which the United States shares intelligence with other nations
B. An alliance with foreign countries in order to prevent war
C. A collection of free trade agreements between two nations
D. Strategies and goals that guide a nation's relations with other countries
E. Both B & C
Answer:
D. Strategies and goals that guide a nation's relations with other countries
if you suspected someone of being involved in a kickback scheme, what would you look for?
Answer: Your welcome!
Explanation:
Kickback schemes typically involve someone receiving a “kickback” or payment in exchange for providing a benefit to another person or organization. To detect a kickback scheme, you should look for any evidence of an individual or organization receiving payments or other benefits in exchange for providing preferential treatment or services. For example, you might look for any payments or gifts given to an individual or organization, unusually large or frequent payments, or an individual or organization receiving preferential treatment or services. You should also look for any suspicious contracts, invoices, or financial documents that could indicate the exchange of money or services. Finally, it is important to look for any unusual patterns or relationships between the individual or organization receiving the payment and the one giving it.
If you suspect someone of being involved in a kickback scheme, you would look for any unusual patterns in their financial records such as large payments or large deposits that are not related to the normal business operations.
If you have reason to believe that someone is engaged in a kickback scheme, you should look for any odd financial patterns, such as sizable payments or deposits that are unrelated to regular business activities. You would also look for any evidence of an exchange of favors or goods between parties.
Additionally, you would look for any discrepancies in the accounting records such as missing or altered documents or entries. Finally, you would look for any inconsistencies in the reported information that could be evidence of a kickback scheme.
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brainliest for brainliest anyone down for trade u make the question
Which conflict would most likely be settled by law rather than ethics?
Family members disagree over division of responsibility for household chores.
A teen breaks a neighbor's fence panel while practicing archery.
A student and teacher disagree on the final course grade earned.
A driver damages another car in a grocery store parking lot.
The conflict that would most likely be settled by law rather than ethics is: d. A driver damages another car in a grocery store parking lot.
What is conflict?Conflict can be defined as a form of disagreement that occur between two or more people. Conflict is what led to the development of conflict resolution as conflict resolution help to settle the disagreement the people that were involved in a conflict had .
The case that may be settle by the court of law is when a person damage or destroy another person property in which the person that commit the damage refuse to repair the damage, the owner of the property can sue the person in the law of court for damage which will be settle by the jury and if found guilty the person must pay for the damage.
Therefore the correct option is D.
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Answer:
A driver damages another car in a grocery store parking lot.
Explanation:
Got this right on the quiz! Although another choice might also be settled by law, this one is MOST LIKELY to be settled using law.
if a mind reader reads another mindreaders mind whose mind are they reading
Answer:
Each other's minds(?)
But, perhaps, the second mindreader is not reading the first mindreader's mind, so, the first mindreader is reading the second mindreader's mind.That made no sense.I hope this helped at all.
Make sure that you have read and studied all of Chapter 5. Excluding vision, which body sense do you think is most important? Explain why and provide at least 2 examples. Note: You must include textbook data on your chosen sense in your response and cite appropriately
The body sense that is most important, excluding vision, is the sense of touch. Touch allows us to gather information about our environment, perceive textures, and feel sensations such as pain or pressure.
Firstly, touch is important for our safety and protection. For example, when we touch a hot stove, our sense of touch immediately alerts us to the danger, allowing us to quickly remove our hand and avoid injury. This quick response is due to specialized nerve endings called nociceptors, which detect harmful stimuli and send signals to our brain to initiate a protective reflex.
Secondly, touch plays a crucial role in social interactions. It enables us to communicate emotions and establish connections through physical contact. Hugs, handshakes, and pats on the back are all examples of how touch can convey affection, support, or congratulations. In fact, research has shown that touch can have a positive impact on our well-being and can even reduce stress levels.
According to our textbook data from Chapter 5, touch is mediated by specialized receptors in the skin called mechanoreceptors. These receptors respond to different types of mechanical stimuli, such as pressure, vibration, or stretching. They transmit signals through nerve fibers to the somatosensory cortex in the brain, where the information is processed and interpreted.
In conclusion, touch is the most important body sense after excluding vision. It serves vital functions in ensuring our safety and facilitating social interactions. Through specialized receptors in the skin, touch allows us to perceive the world around us and connect with others. So, in a nutshell, touch is a fundamental sense that helps us navigate our environment and interact with the world.
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On February 2019, Melinda applies and nominates herself for the prestigious North American Literary Prize. In June 2019, she wins the prize for her academic and literary works. The award comes with a $1,000,000 cash prize that Melinda then donates to the City of Denver. Melinda is not required to take any action after receiving the cash prize. Is Melinda required to include the cash award in Gross Income?
Answer:
Melinda is required to include the cash prize in the Gross Income.
Explanation:
Gross Income is the total payment in cash, goods and services that a person received before tax reductions, that is, it is the general value of everything that a person received in a given period of time, including wages, premiums, real estate, among other things . In this case, we can confirm that the cash prize received by Melinda must be included in her Gross Income, in addition, if she has received a prize with an economic value, she must also include this prize in the Gross Income, even if she has donated .
Is it possible to have a comparative advantage in the production of a good but not to have an absolute advantage?
Answer:
Yes, it is possible, but not to have an absolute advantage because comparative advantage is defined by what you have to give up to produce a good. If the opportunity cost of production is low, a country will still have a comparative advantage even when at an absolute disadvantage.
Yes, it is possible to have a comparative advantage in the production of a good but not to have an absolute advantage because comparative advantage and absolute advantage are two different concepts in international trade.
It is possible for a country or an individual to have a comparative advantage in producing a good without having an absolute advantage.
For example, a country may be able to produce a good more efficiently than other countries but still be less efficient than another country in producing that same good. In this case, the country has a comparative advantage in producing that good, but not an absolute advantage.
Absolute advantage refers to a situation where a country or an individual can produce a certain good or service more efficiently (i.e., with fewer inputs or at a lower cost) than any other country or individual.
If a country or individual has an absolute advantage in producing a certain good or service, it means that they are the best at producing that good or service in terms of efficiency.
Comparative advantage, on the other hand, refers to a situation where a country or an individual can produce a certain good or service at a lower opportunity cost (i.e., the cost of the next best alternative) than any other country or individual.
In other words, a country or individual has a comparative advantage in producing a good if they can produce that good at a lower opportunity cost than they can produce any other good.
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