Under our system of criminal and civil law, the role of the "Appellate Process" is critical. When a "higher" court makes a ruling on a particular issue then that ruling is binding (must be followed) by all lower courts directly beneath it. This principle of law is called______________

Answers

Answer 1

This principle of law is called Stare decisis.

Stare decisis is a legal principle that requires lower courts to follow the precedent set by higher courts in similar cases. This means that once a higher court has made a ruling on an issue, all lower courts must adhere to that ruling in future cases involving similar facts and legal issues.

Stare decisis promotes consistency and stability in the law by ensuring that legal rulings are applied uniformly across different courts and jurisdictions.

However, stare decisis is not an inflexible rule, and courts may depart from prior precedent in certain circumstances, such as when the precedent is no longer applicable or has been undermined by subsequent legal developments.

he appellate process plays a key role in shaping the development of legal precedent through the decisions of higher courts that create binding precedent for lower courts to follow.

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Related Questions

In your opinion, do life appointments of Supreme Court judges positively or negatively affect the way the

Answers

Answer:

I think life appointments of Supreme Court judges have a positive effect ( sorry if I'm wrong)

Explanation:

Plzz help
Which two sentences in the scenario show
some of the symptoms of stress among law
enforcement, correctional, and public
security workers?
1, Not only has she started drinking copious
amounts of alcohol, but she's also started
smoking excessively.
2, Ruiz put on a charming and witty façade
at a recent family dinner to quell her
parents' worries about her.
3, It's become impossible for her to get a
good night's sleep-she fears she's
developing insomnia.
4, However, Ruiz is still hopeful. She's
planning to visit her counselor to improve
her mental and physical health.

Answers

Answer:

Not only has she started drinking copious amounts of alcohol, but she's also started smoking excessively

5. Which of the following is the best definition of
public opinion?
0 A the sum of many individual views
O B. what journalists think about issues
o C. the beliefs of one or more interest groups
o D. how politicians express common attitudes

Answers

I think the answer is A
It’s either A or C that by I think

What are the positions in politics?

Answers

Political positions in America the American president. Vice-President of the United States Representatives' House Speaker of the United States.

US Supreme Court Chief Justice

What kinds of political views exist?

There are 542 federal positions, including the President, Vice President, 100 U.S. Senators (two from each state), 435 U.S. Representatives, four representatives from U.S. territories and the District of Columbia, one Resident Commissioner from the Commonwealth of Puerto Rico, and the Vice President.

How do Americans feel about certain political issues?

Legislative—Produces laws (Congress, comprised of the House of Representatives and Senate) Implements laws as an executive (president, vice president, Cabinet, most federal agencies) Judiciary – Judges laws (Supreme Court and other courts)

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which of the following is not a condition necessary for a legal arrest?

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Of the following options, the presence of a warrant is not a condition necessary for a legal arrest.

In general, an arrest can be considered legal if it meets certain conditions, which may vary depending on the jurisdiction. However, the absence of a warrant does not automatically render an arrest unlawful. Here are some essential conditions for a legal arrest:

Probable Cause: Law enforcement officers must have reasonable grounds to believe that a person has committed a crime or is about to commit one. Probable cause serves as the basis for initiating an arrest.

Authority: The arrest must be carried out by a person who has the legal authority to make arrests, such as a police officer or a designated law enforcement official.

Appropriate Intent: The intention behind the arrest must be to take the individual into custody for the purpose of holding them accountable for the alleged offense or to prevent them from causing harm.

Proper Procedures: Law enforcement officers should follow established procedures and guidelines when making an arrest, ensuring that the person's rights are respected throughout the process.

While warrants are commonly used to authorize arrests, there are exceptions to this requirement, such as situations where an officer witnesses a crime being committed or has reasonable grounds to believe a suspect poses an immediate threat to public safety.

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due process of law"" is generally defined by the ________ amendments.

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The "due process of law" is generally defined by the Fifth and Fourteenth Amendments.

The concept of "due process of law" is a fundamental principle in the legal system of the United States. It ensures that individuals are protected from arbitrary or unfair treatment by the government. The Fifth Amendment to the United States Constitution, applicable to the federal government, includes the Due Process Clause, stating that no person shall be deprived of "life, liberty, or property, without due process of law." The Fourteenth Amendment, which applies to the states, also contains a Due Process Clause that guarantees individuals the right to due process before being deprived of their life, liberty, or property by state governments. These amendments serve as the constitutional basis for ensuring fair treatment and procedural safeguards in various legal proceedings.

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If you're NOT moving anywhere for more than a minute, _____ to save fuel.
A. turn off your radio
B. turn off your engine
C. shift to Neutral
D. step out of your car

Answers

i’m pretty sure the answer is B but it could possibly be C

If you're NOT moving anywhere for more than a minute, turn off your engine to save fuel. Thus the correct answer is B.

Why saving fuel is important?

Saving fuel is important as it is the price of fuel is increasing day by day and overconsumption may lead them to deduction in the quantity so they can not be available for future use.

The quality of the air that we inhale is degrading, people are increasingly becoming energy sensitive. Energy conservation will aid economic growth, enhance the environment, and decrease the effects of rising oil costs and our dependency on foreign imports of oil.

Turning off the engine when not moving to any place will help in saving fuel, the turned-on engined creates the wastage of fuel when the vehicle is not in movement.

Therefore, option B Turn off your engine is appropriate.

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Genital features useful in assessing a woman’s sexual

history​

Answers

Answer:

a thorough physical examination of the reproductive tract includes a complete history, general physical examination, and evaluation of the external and internal genitalia. Ancillary tests that can be applied to this system include uterine culture, biopsy, cytology, and lavage.

Firstly starting with patient’s history if patient has any complains going about with the chief complain,history of present illness, then asking patient’s menstrual history which includes type of flow,colour and last menstrual cycle,sexual history,presence of discharge and the colour of discharge (green,frothy white etc) ( some amount of discharge is normal )
then an inspection and palpation of external genitalia is done to check if it’s there’s any swelling or redness or any infection ,size of vaginal opening ,Speculum examination,bimanual examination
Mons pubis is also checked and assessed to check any infestation is present or not

FILL IN THE BLANK If you are found with an open container of alcohol in your vehicle on a public highway, you have violated ____. curfew the implied consent law the consumption law the open container law submit answer

Answers

If you are found with an open container of alcohol in your vehicle on a public highway, you have violated the open container law.

This open container law. prohibits drivers and passengers from having an open container of alcohol in the passenger area of a vehicle while it is on a public highway or roadway. Violating this law can result in fines and potentially other penalties, depending on the state in which the violation occurs. It is important to always follow the laws and regulations related to driving and alcohol in order to ensure the safety of yourself and others on the road.

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what are five more important economic indicators?

Answers

Answer:

There are five leading indicators that are the most useful to follow. They are the yield curve, durable goods orders, the stock market, manufacturing orders, and building permits.

on the state level, the court that first hears a case is known as the court of . a. first trial b. first ruling c. minor hearing d. first instance please select the best answer from the choices provided a b c d

Answers

On the state level, the court that first hears a case is known as the court of first instance.

On the state level, the court that first hears a case is known as the court of first instance. This court is where the case is initially heard and evidence is presented, and it is also where the first ruling is issued. This court has the power to make a decision on the case and if any party is not satisfied with the decision, they can appeal to a higher court.

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Answer: D) First Instance

Explanation:

i took the quizy

Select the true statement about primary sources of law in the U.S.
a) A contract between two parties is an example of private law.
b) Substantive laws are necessary to determine how procedural laws will be enforced.
c) Procedural laws govern the rights and obligations of people.
d) Public law governs the citizenry, but not the lawmakers themselves.

Answers

The true statement about primary sources of law in the U.S. is Option a) A contract between two parties is an example of private law.

Primary sources of law are those that establish the law itself and include constitutional law, statutory law, administrative law, and common law. Private law refers to the legal relationship between individuals and entities, and contracts between two parties are a common example of private law.

Substantive law refers to laws that create rights and obligations, while procedural laws determine how those substantive laws are enforced. Therefore, statement b) is incorrect. Procedural laws, on the other hand, govern the process by which legal disputes are resolved and the rights of individuals within the legal system. This makes statement c) incorrect as well.

Public law is concerned with the relationship between the government and its citizens, including constitutional law, administrative law, and criminal law. It is not limited to governing the citizenry and does extend to lawmakers themselves, making statement d) incorrect.

Overall, understanding the different types of primary sources of law is essential to comprehending the legal system in the U.S. and how it functions. It is important to note that the law is constantly evolving, and staying informed of changes and updates is crucial for staying within legal boundaries. Therefore, Option A is Correct.

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the doctrine that is applied when a defendant violates an existing statute intended to prevent the injury in question to persons of a class that includes the plaintiff is:

Answers

The doctrine of negligence per se is used when a defendant transgresses a law that was put in place to protect people in the plaintiff's class from the alleged harm.

What exactly is negligence per se?

In cases of negligence, it is necessary to demonstrate that there was a duty, that duty was violated, and that the violation resulted in damages. It is not possible to sue someone for negligence in isolation. However, negligence as a whole takes on the obligation due to public law or policy.

According to legal scholars, "negligence per se" is "negligence resulting from the breach of a public duty under a law that defines the failure of care required to constitute negligence." It is also considered negligence per se when a person acts or refrains from acting in a manner that is so at variance with reasonable behavior standards as to be negligent on its face.

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3. What are the main points of similarity and differences between the two types of persons?​

Answers

Answer:

Similarities:

1. Both types of persons are subject to the same laws and regulations.

2. Both types of persons are protected by the same rights and freedoms.

3. Both types of persons are subject to the same criminal and civil penalties.

Differences:

1. Natural persons are physical individuals, while legal persons are entities created by law, such as corporations, trusts, and other organizations.

2. Natural persons have certain rights and responsibilities that legal persons do not, such as the right to vote and the responsibility to pay taxes.

3. Natural persons are subject to certain legal restrictions that do not apply to legal persons, such as age restrictions and the inability to enter into certain contracts.

Which of the following statements limitations, prohibitions, and challenges is false?
Information may not be classified to prevent embarrassment to the U.S. government

Answers

The false statement among the limitations, prohibitions, and challenges listed is: "Information may not be classified to prevent embarrassment to the U.S. government."

In reality, one of the primary reasons for classifying information is to protect national security, not to prevent embarrassment to the government. The classification system is designed to safeguard sensitive information that, if disclosed, could potentially harm the country's interests, compromise intelligence sources, or endanger individuals. Classifying information is governed by specific criteria and guidelines that prioritize national security concerns over potential embarrassment. The U.S. government has established clear procedures and standards for determining what information should be classified and the level of classification required.

In summary, the false statement is that "Information may not be classified to prevent embarrassment to the U.S. government." Classification of information primarily aims to protect national security rather than prevent government embarrassment.

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This national survey is based on reports made to the police from crime victims.
a. Uniform Crime Reports b. National Crime Victimization Survey c. U.S. Census
d. Federal Criminal Justice Survey

Answers

The national survey based on reports made to the police from crime victims is the National Crime Victimization Survey (NCVS).

The NCVS is conducted by the Bureau of Justice Statistics (BJS) and is designed to provide detailed information about the nature and extent of criminal victimization in the United States. Unlike the Uniform criminal Reports (UCR), which collects data on crimes reported to law enforcement agencies, the NCVS collects data directly from victims of crime. This allows the survey to capture crimes that are not reported to the police, as well as to provide more detailed information about the victimization experience.

The NCVS collects data on a range of criminal victimization, including , sexual assault, robbery, assault, theft, household burglary, and motor vehicle theft. The survey also collects information on the characteristics of victims and offenders, the nature of the crime, and the impact of victimization on victims and their households. The results of the survey are used by policymakers, researchers, and law enforcement officials to inform crime prevention and intervention strategies.

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11. Which of follow is the most common place to find an available apartment
A, In TEEN magazine
B, deli bulletin board
C. The newspaper

Answers

Answer:

the newspaper is the best

The newspaper is a good answer

parties to a contract can limit or exclude consequential damages, provided the limitation is not unconscionable.

Answers

Yes, parties to a contract can indeed limit or exclude consequential damages, as long as the limitation is not considered unconscionable.

Consequential damages are a type of damages that arise as a result of the consequences, or secondary effects, of a breach of contract. These damages are typically indirect and not directly caused by the breach itself, but rather by the impact of the breach on the non-breaching party.

In contractual agreements, it is common for parties to include clauses that limit or exclude consequential damages. By doing so, they seek to define the extent of their liability and protect themselves from potential extensive or unforeseen damages resulting from a breach of contract.

However, there are limitations to this ability. Contract law imposes a requirement of reasonableness, fairness, and good faith in the terms of the contract. If a limitation or exclusion of consequential damages is deemed to be unconscionable, meaning it is excessively one-sided or unfairly favors one party over the other, it may be unenforceable.

The determination of whether a limitation or exclusion of consequential damages is unconscionable will depend on the specific circumstances, the nature of the contract, and the applicable laws of the jurisdiction. Courts will consider factors such as the parties' relative bargaining power, the clarity of the contractual terms, and whether the limitation or exclusion was made known and understood by the parties at the time of contract formation.

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parties to a contract can limit or exclude consequential damages, provided the limitation is not unconscionable. Yes or No.

How negative spactator may impact the game

Answers

Negative spectator may impact the game by being rude and violent towards players.

The different types of spectator aggression include verbal abuse, gesturing, physical violence, property damage, littering, and "warming up" or rushing the field. Public intoxication, student gatherings, ticket touting, and other factors can all contribute to spectator violence. At sporting events, spectators can also have a negative impact because they can be rude and abusive to athletes, which demotivates them or causes them to lose focus, which affects their performance.

The four consequences of bad behavior spectator are disorientation with regard to values. Inefficiency. high homicide rate. Slow development and low investment.

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What was the greatest weakness of the
Articles of Confederation?

A) It failed to limit the president’s power

B) The national government held almost no power or authority

C)States were unstable to pass protective tariffs

Answers

Answer:

B I think

Explanation:

I think that’s it’s C

Is clarence thomas a conservative or liberal judge.

Answers

Clarence Thomas is the supreme court’s most conservative member.

4. Plaintiffs Amy from Alabama and Vera from Virginia plan to sue defendants Debbie from Delaware and Vernon from Virginia. May Amy and Vera file a joint suit in federal court? (1) Answer "Yes" OR "No." (2) Explain why or why not. (2 points)​

Answers

Yew

Explanation:

Mama joe bamab

if you were to analyze the AFIS database, you would be looking for a DNA match. True or False

Answers

Answer:

False, you would be looking for fingerprint identification

Explanation:

what is a major concern about COMPSTATs effectiveness? -

Answers

Compstat as a policing tactic gained popularity as a result of the notable decline in crime that occurred in New York City in the 1990s.

Compstat has received a lot of attention from academics and police practitioners as an innovative management method in policing. Despite its widespread use, the scientific efficacy of the Compstat method has not received much empirical investigation. Few research has also focused on Compstat tactics used outside of New York City during the 2000s. The current study examined whether Compstat led to a noticeable increase in "broken windows" arrests (minor nuisance offenses) and, using multivariate time-series analysis, the role of the Compstat strategy in explaining changes in violent, property, and total index crimes. Compstat was used by the FWPD to analyze monthly time-series arrest and crime data over a multi-year period.

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What is the term for the action of a party to a contract who notifies the other party that he or she will not perform his or her duty under a contract?.

Answers

Anticipatory Repudiation is the term for the action of a party to a contract who notifies the other party that he or she will not perform his or her duty under a contract.

Legally, one party's failure to satisfy any of its contractual obligations is referred to as a "breach" of the agreement. Relying on the specifics, a breach can occur whilst a party fails to perform on time, does not perform according to the terms of the agreement, or does now not perform in any respect.

A mission is the transfer of rights held with the aid of one birthday celebration known as the “assignor” to another birthday party referred to as the “assignee.” The prison nature of the assignment and the contractual phrases of the settlement among the parties determines a few additional rights and liabilities that accompany the task.

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Before parliamentary acts were passed to regulate working, how many hours per day did most children work?.

Answers

Before the given parliamentary acts were passed in order to the regulate working, then children are not allowed to work for more than 12 hours in a day.

By 1833, any Government exceeded what become to be the primary of many acts handling running situations and hours. At first, there has been restricted energy to implement those acts however because the century advanced the guidelines have been enforced extra strictly.

Nonetheless, the hours and running situations have been nevertheless very difficult with the aid of using today’s standards, and no guidelines have been in region to defend person male workers. Working in the road jobs protected shining shoes, promoting newspapers, canning fish, making garments and weaving fabrics. With the understanding that youngsters labored in factories, mines, and different jobs we could speak approximately their wages and hours. A regular day for those abused youngsters become everywhere from 12 to 19 hours a day.

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If I want to become a lawyer, what elective course should I take?

Graphic Design

Introduction to Marketing

Painting and Sketching

Earth and Space Science

Health and Nutrition

Artificial Intelligence I

Answers

Answer:

Artificial Intelligence I or Introduction to marketing

Explanation:

Learning about artificial intelligence may help with certain cases, like figuring out what happened here or how we can use technology to our advantage. Marketing can also help us gain customers. However graphic design doesn't sound too good, because I dont think it's related to becoming a lawyer. Painting and sketching can help to illustrate certain items but may be unrelated. I think my answers are th eone who are best (In my opinion) suited answers for this question

Based on what you just learned, what jobs does a US representative perform? Check all that apply.

Meeting supporters and acting on their suggestions
Proposing and drafting state laws
Serving on congressional committees
Appointing officials for his or her home district
Managing employees who oversee scheduling

Answers

Answer:

The correct answers are 1)Meeting supporters and acting on their suggestions,3.)Serving on congressional committees, and 5)Managing employees who oversee scheduling .

Explanation:

The Following jobs are what a US representative performs.

Proposing and drafting state laws, Serving on congressional committees, and Appointing officials for his or her home district.

The correct option is B, C, and D.

Which is more prestigious senator or representative?

Due to its longer terms, smaller size, and statewide constituency, which have resulted in a more collegial and less contentious culture, the Senate has traditionally been seen as a more contemplative and respected body than the House of Representatives.

A US Representative is responsible for proposing and drafting state laws, as this is one of the main functions of the legislative branch of government.

Serving on congressional committees is another important job of a US Representative. A US Representative also appoints officials for their home district. This includes appointing judges, federal officials, and other government officials who serve within their jurisdiction.

Thus, the ideal selections are options B, C, and D.

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when determining how large of a countercyclical fiscal stimulus to apply, policymakers must keep in mind that aggregate demand (ad) will _______ increase in government spending.

Answers

We can see here that when determining how large of a countercyclical fiscal stimulus to apply, policymakers must keep in mind that aggregate demand (AD) will increase in response to an increase in government spending.

Who is a policymaker?

A policymaker is someone who creates or implements policies. Policymakers can be found in all levels of government, as well as in businesses, non-profit organizations, and other institutions. They work in a variety of fields, including economics, social policy, environmental policy, and foreign policy.

Policymakers are responsible for making decisions that affect the lives of many people. They must consider a wide range of factors, including the needs of their constituents, the availability of resources, and the potential consequences of their decisions.

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Answer: When determining how large of a countercyclical fiscal stimulus to apply, policymakers must keep in mind that aggregate demand (AD) will not necessarily increase in government spending.

A countercyclical fiscal stimulus involves increasing government spending and/or decreasing taxes during economic downturns in order to boost aggregate demand, stimulate economic activity, and prevent or mitigate the effects of a recession. However, the effectiveness of such a policy depends on a number of factors, including the size and duration of the stimulus, the degree of spare capacity in the economy, and the responsiveness of households and firms to changes in government policy.

In some cases, an increase in government spending may lead to only a modest increase in aggregate demand, particularly if households and firms are highly indebted, facing uncertainty about the future, or have already reduced their spending in response to the recession.

In addition, if the stimulus is seen as temporary or ineffective, it may fail to raise confidence and expectations about the future, which are important determinants of aggregate demand and economic growth. Therefore, policymakers must carefully assess the potential impact of a countercyclical fiscal stimulus and ensure that it is appropriately targeted and designed to achieve its intended goals.

They may also need to consider other policy measures, such as monetary policy or structural reforms, to support the effectiveness of the stimulus and facilitate the recovery of the economy.

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What was the court's majority opinion in Plessy v. Ferguson?

On Plato

Answers

Answer:

majority opinion by Henry B. Brown. The Court held that the state law was constitutional. In an opinion authored by Justice Henry Billings Brown, the majority upheld state-imposed racial segregation.

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The Board concluded that such an investors voting rights are sufficient to give it power over the investee regardless of whether it has exercised its voting power unless those rights are not substantive or there are separate arrangements providing another entity with power over the investee (such as through a contractual arrangement over decision making or substantive potential voting rights)."Referring to the above Basis for Conclusions to IFRS 10, write a brief report (not exceeding 500 words) providing an overview of the following:a) Does IFRS 10 give control to the holder of potential voting rights? If so, then how does the accounting standard assist an investor to decide if they hold protective rights? If not, then why not.b) Refer to the highlighted portion of the extract above and discuss how does IFRS 10 assist investors to determine whether potential voting right is or have ceased to be substantive? What would the south african government do to mitigate the impact of the war? (12) Now find three examples of stocks. Gather the following information about each stock and complete the table: day's low share price day's high share price change percenttrading volume closing price Both the aunt and the children were conversational in a limited, persistent way, reminding one of the attentions of a housefly that refuses to be discouraged. Most of the aunts remarks seemed to begin with Dont, and nearly all of the childrens remarks began with Why? The bachelor said nothing out loud. The Storyteller,SakiWhat is the best explanation of the situational irony in this passage?The children are quiet on the train instead of loud.The aunt is pleasant and funny instead of strict.The bachelor remains silent when he is expected to respond.The aunt expects obedience from the children, but does not get it. can someone help? ( I need it by 10/20)