True.A scintilla of evidence will support an agency's decision on a particular matter for purposed of appellate review.
The "scintilla of evidence" rule is a standard used by appellate courts to determine whether there is sufficient evidence to support an administrative agency's decision. Under this standard, the agency's decision must be supported by at least a "scintilla" or a "mere trace" of evidence in the record.
This means that as long as there is some evidence in the administrative record to support the agency's decision, the court will generally defer to the agency's findings and conclusions. This deferential standard is based on the principle that administrative agencies are experts in their respective fields and are therefore in the best position to make factual determinations.
However, it is important to note that the scintilla of evidence standard is a relatively low bar and does not require the agency's decision to be based on substantial evidence or to be free from legal error.
Learn more about legal here:
https://brainly.com/question/14994033
#SPJ11
A state statute divides murder into degrees and defines murder in the first-degree as murder committed willfully with premeditation and deliberation. The statute defines murder in the second-degree as all other murder at common law and defines voluntary manslaughter as at common law. A man hated one of his coworkers. Upon learning that the coworker was at a neighbor's house, the man grabbed his gun and went to the neighbor's house hoping to provoke the coworker into attacking him so that he could then shoot the coworker. After arriving at the house, the man insulted the coworker and bragged that he had had sexual relations with the coworker's wife two weeks earlier. This statement was not true, but it enraged the coworker, who grabbed a knife from the kitchen table and ran toward the man. The man then shot and killed the coworker.
What is the most serious homicide offense of which the man could properly be convicted?
A: Murder in the first-degree.
B: Murder in the second-degree.
C: Voluntary manslaughter, because he provoked the coworker.
D: No form of criminal homicide, because he acted in self-defense
Option A is the correct answer. The most serious homicide offense of which the man could properly be convicted is murder in the first degree.
The state statute defines murder in the first degree as murder committed willfully with premeditation and deliberation, which appears to fit the circumstances of the case.
The man had a clear intent to kill the coworker, as evidenced by his grabbing his gun and going to the neighbor's house with the specific purpose of provoking the coworker into attacking him so that he could then shoot him. Additionally, the man's false statement about having sexual relations with the coworker's wife appears to have been made with premeditation and deliberation, as he likely knew it would enrage the coworker and provoke him into attacking.
Therefore, the man's actions appear to meet the criteria for first-degree murder, which is the most serious homicide offense. Option A is the correct answer.
Learn more about first degree here:
https://brainly.com/question/14018272
#SPJ11
Discuss some considerations associated with documentation, collection, and preservation methods of scattered remains.
WRITE A FULL SENTENCE OR L WILL REPORT YOU.
Documentation, collection, and Preservation of scattered remains are vital steps in forensic examinations.
What are Considerations Associated with Documentation, Collection and Preservation?Here are a few contemplations related with each of these strategies:
1. Documentation: The primary step within the handle is to report the remains and the encompassing zone. This documentation incorporates notes, photos, and portrays of the remains and their area. The documentation ought to be nitty gritty and incorporate the area, introduction, and connections of the bones or parts to each other and any adjacent objects or highlights. Moreover, it is vital to record any evidence of injury or other physical prove which will offer assistance recognize the remains, such as clothing or gems.
2. Collection: Once the documentation is total, the remains must be carefully collected. The collection includes gathering all of the scattered parts and setting them in a holder, such as a pack or box. It is critical to dodge sullying the remains amid this process, as this will compromise the judgment of any DNA or other prove which will be show.
3. Conservation: After collection, the remains must be appropriately protected to avoid debasement or harm. This may incorporate putting away the remains in a temperature and humidity-controlled environment, utilizing defensive bundling to anticipate breakage, and applying additives to the bones to avoid disintegration.
Learn more about forensic here: https://brainly.com/question/19238665
#SPJ1
which of the following is not a useful vehicle feature from a security perspective? (antiterrorism scenario training, page 4) internal hood release lever power windows power locks lock on gas cap wi-fi capable
From a security perspective, particularly in an antiterrorism scenario, the least useful vehicle feature among the options provided is "wi-fi capable." The other features, such as the internal hood release lever, power windows, power locks, and lock on the gas cap, all contribute to enhancing the physical security of the vehicle.
These features can help prevent unauthorized access to the vehicle's critical components, making it more difficult for potential terrorists to tamper with or gain control over the vehicle.
On the other hand, a wi-fi-capable vehicle primarily offers convenience and connectivity features for the occupants but does not directly contribute to the vehicle's security in an antiterrorism context. In fact, having a wi-fi-capable vehicle could potentially introduce cybersecurity risks, as hackers or terrorists could potentially exploit vulnerabilities in the vehicle's software or connectivity to compromise its systems. Therefore, from a security perspective, a wi-fi capable vehicle feature is not as useful as the other options mentioned.
Learn more about security here:
https://brainly.com/question/31684033
#SPJ11
The APA requires certain formalities for formal, hybrid, and informal rulemaking.
A. True
B. False
The APA (Administrative Procedure Act) is a federal law that outlines the procedures that federal agencies must follow when making and enforcing rules.A. True
The APA applies to formal, hybrid, and informal rulemaking, and it requires certain formalities for each type of rulemaking process. For example, in formal rulemaking, the APA requires agencies to provide notice of the proposed rulemaking, to provide an opportunity for public comment, and to hold a public hearing. In hybrid rulemaking, which is a combination of formal and informal rulemaking, agencies must also provide notice and an opportunity for public comment, but they may not be required to hold a public hearing. In informal rulemaking, agencies are not required to provide notice or hold a public hearing, but they must still provide an opportunity for public comment. Overall, the APA is an important law that helps ensure transparency, accountability, and fairness in the rulemaking process, and it provides important protections for individuals and organizations affected by federal regulations.
Learn more about organizations here:
https://brainly.com/question/17164427
#SPJ11
Simon belonged to a political group responsible for blowing up several corporate offices of multinational companies. Acting on a tip, the police surround Simon in front of the offices of a major corporation and ask him where the dynamite is. Simon tells them. His statements are?
Simon's statements would likely be admissible as evidence against him in court as they were made voluntarily to the police officers.
Simon's statements are incriminating as he admitted to possessing dynamite, which is illegal and dangerous. His admission also links him to the political group responsible for the bombings, making him a suspect in the case.
By cooperating with the police and providing information about the location of the dynamite, Simon may be able to negotiate a plea deal or receive a lighter sentence. Simon's statements could be seen as a confession to a crime and could be used to prove his guilt beyond a reasonable doubt. Additionally, Simon's statements could also be used to locate the dynamite and prevent any harm to the public.Learn more about evidence:
https://brainly.com/question/20840904
#SPJ11
school officials may search students in public schools for contraband without a warrant as long as the search is reasonable and does not violate the fourth amendment.
True or False
True.
School officials may search students in public schools for contraband without a warrant as long as the search is reasonable and does not violate the Fourth Amendment. This is because the standard of reasonable suspicion, rather than probable cause, is applied in the school setting to balance students' privacy rights with the need to maintain a safe learning environment.
What is safe learning environment?
A safe learning environment is a setting where students feel physically and emotionally secure, respected, and supported in their learning. It is an environment where students can be themselves without fear of harassment, discrimination, or violence.
A safe learning environment includes physical safety measures such as secure buildings, clear emergency procedures, and appropriate supervision to ensure that students are protected from harm. It also includes emotional safety measures such as promoting positive relationships between students and teachers, addressing bullying and other forms of harassment, and providing counseling and support services for students who may be struggling with mental health issues.
To know more about safe learning environment:
https://brainly.com/question/26054650
#SPJ11
True, The United States Supreme Court has held that school officials may search students in public schools for contraband without a warrant as long as the search is reasonable and does not violate the fourth amendment.
In the landmark case of New Jersey v. T.L.O., the Court established the standard of “reasonable suspicion” for searches of students in public schools.
This means that school officials must have a reasonable suspicion that a student has violated a school rule or the law before conducting a search. The search must also be reasonable in scope, meaning that it should not be excessively intrusive or humiliating for the student.
While students do have some Fourth Amendment rights in schools, these rights are not absolute and can be balanced against the school’s interest in maintaining a safe and orderly environment.
To know more about fourth amendment visit:
https://brainly.com/question/28246295
#SPJ11
Georgia's constitutional liberties place legal obligations on which of the following?-Georgia's state government-Local governments within Georgia
answer Georgia's constitutional liberties place legal obligations on federal government Therefore the correct option is B.
The federal government is the centralized governing body of the United States. It is responsible for setting and enforcing laws, managing public funds, providing services to citizens, and representing the nation in international affairs.
The Constitution grants certain powers to the federal government that are not held by state or local governments. The three branches of the federal government (executive, legislative, judicial) are designed to balance each other’s power and jurisdiction so that no one branch ever becomes too powerful.
Question is incomplete the complete question is
Georgia's constitutional liberties place legal obligations on which of the following?
a neighboring states with cross-border trade
b federal government
c private business owners in georgia
d georgia's state government
e local governments within georgia
Hence the correct option is B
To know more about federal government visit:
brainly.com/question/371257
Georgia's constitutional liberties place legal obligations on both "Georgia's state government and local governments within Georgia." These constitutional liberties are the rights and freedoms that the Georgia Constitution protects, including freedom of speech, the right to bear arms, and the right to a fair trial. Both the state government and local governments are required to uphold these constitutional liberties and ensure they are protected for all citizens of Georgia.
For example, the state government has a legal obligation to protect the rights of its citizens, including their right to free speech and a fair trial. Local governments, such as city councils or county boards, are legally obligated to uphold these constitutional liberties within their jurisdictions. This may include passing ordinances or regulations that protect these rights or ensuring that law enforcement agencies respect and uphold these liberties.
In short, Georgia's constitutional liberties place legal obligations on the state government and local governments within Georgia to ensure that the rights and freedoms of its citizens are protected and upheld.
To learn more about Georgia's constitution, visit: https://brainly.com/question/7249881
#SPJ11
How is considered the non existence of liability insurance?
The non-existence of liability insurance means that an individual or entity does not have an insurance policy that protects them from legal liabilities and damages that they may be held responsible for.
This could occur when an individual or organization chooses not to purchase liability insurance or when they are unable to obtain coverage due to their high-risk status. Not having liability insurance can be risky, as it means that an individual or organization could be held personally responsible for any legal or financial damages that may arise from their actions or omissions. This could include compensation for injuries or property damage caused by an individual, or liability for financial losses incurred by a business partner or client. In some cases, not having liability insurance can also result in legal consequences, such as fines or penalties. It is therefore advisable for individuals and businesses to consider obtaining liability insurance as a means of protecting themselves from unforeseen events and potential financial losses. In summary, the non-existence of liability insurance can leave individuals and organizations vulnerable to legal and financial liabilities, and it is important to consider obtaining coverage to mitigate these risks.
Learn more about insurance policy here
https://brainly.com/question/1198575
#SPJ11
first choice healthcare sold surgical implants. they took great care to prevent customers from being harmed by their products and were known as the most safety conscious and customer-centered company in the world. a customer, danny, was injured when he suffered complications from an implant malfunctioning. the malfunction was totally unforeseeable and in no way related to first choice's negligence. which of the following best states first choice's liability to danny under u.s. law? multiple choice they are not liable due to lack of negligence. they are not liable due to lack of intent. they are not liable due to lack of knowledge. they are not liable due to lack of negligence, intent and knowledge. they are strictly liable.
First Choice Healthcare's liability to Danny under U.S. law is best stated as: they are not liable due to lack of negligence.
In this situation, the company took great care to prevent customers from being harmed and the implant malfunction was unforeseeable, unrelated to their negligence.
Since there was no negligence on First Choice's part, they are not liable for Danny's injury. U.S. law generally requires a showing of negligence in order to hold a company liable for injuries caused by their products.
And in this case, First Choice has demonstrated a strong commitment to safety and customer-centered practices.
To know more about U.S. law refer here:
https://brainly.com/question/30280940#
#SPJ11
The most important focus of the UCC in determining contract formation is the intent of the parties to be bound by the contract. true/false
True. The UCC (Uniform Commercial Code) is a set of laws that govern commercial transactions in the United States. In determining contract formation, the UCC places great importance on the intent of the parties involved to be bound by the terms of the contract.
This means that both parties must have a clear understanding of what they are agreeing to and must willingly consent to the terms of the contract. The UCC recognizes that contracts can be formed in a variety of ways, including oral agreements and conduct that demonstrates an intention to be bound. However, in order for a contract to be enforceable, both parties must have a mutual intent to be bound by its terms. This emphasis on intent helps to ensure that contracts are entered into voluntarily and with a full understanding of their terms, which is essential for the efficient and fair operation of commercial transactions.
Know more about Uniform Commercial Code here:
https://brainly.com/question/30031234
#SPJ11
The Iron Law of Prohibition states that the stricter and more intense the enforcement of the laws against recreational drug use. state true/false.
False. The Iron Law of Prohibition is a term coined by Richard Cowan in 1986, which states that "the more intense the law enforcement, the more potent the prohibited substance becomes."
This means that as law enforcement efforts against drug use become stricter, the drugs become more potent, dangerous, and profitable, leading to a range of negative consequences such as increased violence, corruption, and public health risks.
The Iron Law of Prohibition does not state that the stricter and more intense the enforcement of laws against recreational drug use, the more effective they will be in reducing drug use. In fact, there is much evidence to suggest that strict enforcement measures, such as mandatory minimum sentences and aggressive policing tactics, can have negative consequences and may not be effective in reducing drug use or addressing drug-related problems.
Learn more about law enforcement here:
https://brainly.com/question/10253135
#SPJ11
marilyn sells her highly successful travel agency to adelle. in the sales contract, marilyn agrees never to open a travel agency in the state. which of the following best describes this contract clause?
The contract clause in which Marilyn agrees never to open a travel agency in the state after selling her highly successful travel agency to Adelle is best described as a "non-compete clause" or "non-competition clause." The correct answer is option D.
A non-compete agreement is a legally binding provision that restricts one party from engaging in a similar business or profession in competition with the other party. In this case, Marilyn is agreeing not to open a travel agency in the state after selling her successful travel agency to Adelle.
The purpose of this clause is to protect the buyer's investment and ensure that the seller does not use their knowledge or influence to compete with the buyer in the same market.
Non-compete agreements are commonly used in business sales, employment contracts, and partnerships. They are subject to legal limitations and must be reasonable in scope, duration, and geographic location.
Therefore, option D is the correct answer.
The question should be:
Marilyn sells her highly successful travel agency to Adelle. In the sales contract, Marilyn agrees never to open a travel agency in the state. which of the following best describes this contract clause?
A. Confidentiality clause.
B. Termination clause
C. Indemnification clause
D. non-compete clause
Learn more about the non-compete clause:
https://brainly.com/question/29441285
#SPJ11
Why is there no consideration when a party does what it is already legally obligated to do?
Answer:
In contract law, consideration is defined as something of value given by each party to a contract that induces them to enter into the agreement. Essentially, it is the exchange of something of value that each party agrees to provide to the other.
When a party does something that they are already legally obligated to do, it does not satisfy the requirement for consideration because the party is not giving anything additional of value beyond what is already required by law or an existing agreement. For example, if a construction company is hired to build a house and they agree to build the house for $200,000, they are already legally obligated to complete the construction for that price. If the construction company completes the work as agreed, they have not provided any additional value beyond what they were already legally obligated to do, and therefore, they cannot claim consideration for completing the work.
1The reason there is no consideration when a party does what it is already legally obligated to do is that consideration is a key element of a valid contract, and it requires both parties to provide something of value to each other.
Legally obligated is a term that refers to an obligation or duty that is imposed by law, contract, or other legal means. When a person or organization is legally obligated to do something, they are required by law or contract to fulfill their duties or responsibilities. Failure to fulfill a legal obligation can result in legal consequences, such as fines, penalties, or legal action. Examples of legally obligated duties include fulfilling the terms of a contract, paying taxes, complying with safety regulations, or providing a safe working environment for employees. Being legally obligated means that there are legal consequences for failing to fulfill a duty or obligation, which can provide protection and security for individuals and organizations.
Learn more about Legally obligated here:
https://brainly.com/question/14124713
#SPJ11
A _________ chooses only among the resident pages of the process that generated the page fault in selecting a page to replace.A) global replacement policy B) page replacement policyC) local replacement policy D) page placement policy
A local replacement policy (C) chooses only among the resident pages of the process that generated the page fault in selecting a page to replace.
In a local replacement policy, the operating system chooses a page to replace from among the resident pages of the process that generated the page fault. This means that the page replacement algorithm only considers the pages that belong to the process that caused the page fault, rather than looking at all the pages in memory.
The goal of a local replacement policy is to minimize the number of page faults within a specific process, while potentially increasing the number of page faults in other processes. This strategy can be effective in scenarios where some processes have higher memory requirements than others.
Learn more about local replacement policy here:
https://brainly.com/question/29222230
#SPJ11
8. Through a power of attorney, a principal may never permit an agent to do more than one specified act. True/False
False. Through a power of attorney, a principal may permit an agent to perform one or more specified acts, but the principal may also grant broader authors to the agent to act on their behalf.
The power of attorney is a legal document that grants an agent the authority to act as the principal's representative in a wide range of matters, such as financial transactions, real estate transactions, and healthcare decisions. The scope of the agent's authority depends on the terms of the power of attorney document. The principal may limit the agent's authority by specifying the acts that the agent is authorized to perform or by setting specific conditions on the agent's authority. Alternatively, the principal may grant the agent broad authority to act on their behalf, including the power to make decisions and take actions that the principal could take themselves. In any case, the agent must act in the best interests of the principal and within the scope of their authority. If the agent exceeds their authority or acts outside the scope of the power of attorney, they may be liable for any damages or losses that result.
Learn more about authors here:
https://brainly.com/question/1255536
#SPJ11
Single taxpayers meeting certain homeownership and use requirements can permanently exclude up to ______ of the realized gain on the sale of their principal residence
Single taxpayers meeting certain requirements can exclude up to $250,000 of the realized gain on the sale of their primary residence, provided they've owned and used the property for at least two out of the five years leading up to the sale.
Single taxpayers meeting certain homeownership and use requirements can permanently exclude up to $250,000 of the realized gain on the sale of their principal residence. To qualify for this exclusion, the homeowner must have owned and used the property as their primary residence for at least two out of the five years leading up to the sale. Additionally, the homeowner cannot have excluded a gain from the sale of another home within the past two years.
It's important to note that any gain above the $250,000 exclusion amount will be subject to capital gains taxes. However, there are some situations where a homeowner may be able to avoid or reduce these taxes. For example, if the homeowner sells the property due to a change in employment or health reasons, they may be eligible for a partial exclusion.
It's also worth mentioning that these rules apply specifically to single taxpayers. Married couples filing jointly can exclude up to $500,000 of the realized gain on the sale of their principal residence if they meet the same homeownership and use requirements.
Learn more about taxpayers here:-
https://brainly.com/question/29664276
#SPJ11
Question 31
A problem associated with passage of federal air control standards was:
a. They relied on voluntary compliance by states
b. The standards were set too high
c. The compliance dates were too fast for compliance to occur
d. They did not have sufficient "teeth" for enforcement
One of the biggest challenges with the passage of federal air control standards was the lack of sufficient enforcement measures. While the standards themselves were established to reduce air pollution and improve air quality across the country, there was no clear mechanism for ensuring that states and other entities would comply with these regulations.
This was a major problem because without effective enforcement, many states may have chosen to ignore or only partially comply with the regulations, ultimately undermining the goals of the legislation.
Furthermore, compliance dates were often too fast for states and businesses to implement changes in time. This meant that some entities may have struggled to meet the new standards, which could have led to non-compliance or even financial penalties. Finally, the standards were sometimes perceived as being set too high, which could have led to pushback from some stakeholders who felt that the regulations were too onerous or costly.
Overall, the lack of sufficient enforcement measures was one of the biggest problems associated with the passage of federal air control standards. In order to ensure that these regulations are effective, it is important to establish clear compliance deadlines and to provide robust enforcement mechanisms that can hold states and other entities accountable for meeting the standards. This may require collaboration between federal and state agencies, as well as input from the private sector and other stakeholders. Ultimately, by addressing these challenges head-on, we can help to ensure that federal air control standards are effective at improving air quality and reducing pollution across the country.
Know more about control standards here:
https://brainly.com/question/31250160
#SPJ11
Why the court will preclude unfairly prejudicial evidence?
The court will preclude unfairly prejudicial evidence because such evidence can be highly damaging and unfair to the defendant's case. Unfairly prejudicial evidence is evidence that has the potential to influence the jury's decision in a way that is not relevant to the case at hand.
This type of evidence can be highly emotional, inflammatory, or sensationalized, and can sway a jury's opinion without actually providing any substantive proof of guilt or innocence. The main goal of the court is to ensure that a fair trial is held, and that both the prosecution and defense have the opportunity to present their case without being unfairly hindered or influenced. By excluding prejudicial evidence the court is attempting to create a level playing field for both sides, where only relevant and credible evidence is considered. Furthermore, prejudicial evidence can be highly detrimental to the defendant's right to a fair trial. If allowed to be presented to the jury, prejudicial evidence can taint the jury's view of the defendant, leading them to make decisions based on emotion rather than fact. This can result in a wrongful conviction, which is a major miscarriage of justice. Overall, the court precludes unfairly prejudicial evidence to ensure that the trial is fair and unbiased, and to protect the rights of the defendant to a fair trial.
Learn more about prejudicial evidence here
https://brainly.com/question/29303951
#SPJ11
When quasi-judicial decisions arise as issues of fact, rather than issues of law, withing an agency's area of expertise, courts are less likely to reconsider the evidence in such a way as to second-guess the agency.
A. True
B. False
bankruptcy introduction read the overview below and complete the activities that follow. congress recently revised the bankruptcy code through the bankruptcy abuse prevention and consumer protection act (bapcpa) of 2005. before beginning this activity, review lo 19-7 in your text. focus on the rationale for and the specifics of bankruptcy proceedings as explained in the bapcpa. concept review: when an entity is unable to pay its debts, bankruptcy law provides various options for the entity to resolve those debts. bankruptcy remedies are available to individuals, partnerships, and corporations.
Bankruptcy is a legal process that provides relief to individuals, partnerships, and corporations who are unable to pay their debts.
The bankruptcy abuse prevention and consumer protection act (BAPCPA) of 2005 is a revised version of the bankruptcy code that outlines the specific procedures and guidelines for filing for bankruptcy.
The rationale behind the bankruptcy process is to provide a fresh start to debtors who are burdened by overwhelming debt.
Bankruptcy can help debtors discharge their debts or restructure their debt payments to make them more manageable.
The BAPCPA has specific provisions that aim to prevent bankruptcy abuse by debtors, such as means testing and mandatory credit counseling.
It is essential to understand the specifics of bankruptcy proceedings and the BAPCPA regulations before filing for bankruptcy to ensure that debtors receive the maximum benefits and protection under the law.
To know more about Bankruptcy refer here:
https://brainly.com/question/2748373#
#SPJ11
war fought between opponents with clearly unequal levels of military, economic, and technological power, in which warefare strategies tend to be adapted to the needs of the weak
The type of war you are referring to is known as asymmetrical warfare.
This type of conflict is characterized by opponents with vastly different levels of military, economic, and technological power, with one side being significantly weaker than the other. In such a war, the weaker side tends to adopt warfare strategies that are tailored to their unique needs and capabilities, such as guerrilla tactics, terrorism, and sabotage. The goal of the weaker side is typically to inflict as much damage on the stronger side as possible, while minimizing their own losses. Asymmetrical warfare has become increasingly common in modern times, with examples including the wars in Afghanistan and Iraq.
What is asymmetrical warfare?
Asymmetrical warfare refers to a type of conflict in which one side has significantly less military power or resources than the other. It involves a strategy in which the weaker side seeks to exploit the vulnerabilities of the stronger side, using unconventional tactics and strategies to gain an advantage.
Asymmetrical warfare can take many forms, including guerrilla warfare, terrorism, cyber attacks, and propaganda campaigns. The goal of asymmetrical warfare is often to undermine the strength and power of the stronger side, making it more difficult for them to achieve their objectives.
To know more about Asymmetrical warfare:
https://brainly.com/question/21646419
#SPJ11
The war fought between opponents with clearly unequal levels of military, economic, and technological power is often referred to as asymmetric warfare.
In such conflicts, warfare strategies tend to be adapted to the needs of the weaker party, who may use unconventional tactics such as guerilla warfare or terrorism to level the playing field. These tactics aim to target the opponent's vulnerabilities, such as infrastructure or civilian populations, rather than engaging in direct military confrontation.
The weaker party may also use propaganda or psychological warfare to influence public opinion and gain support for their cause. Asymmetric warfare can be difficult for the stronger party to combat, as conventional military tactics may not be effective against unconventional threats.
This type of warfare has become increasingly common in modern conflicts, particularly against non-state actors such as terrorist organizations.
To know more about asymmetric warfare visit:
https://brainly.com/question/21646419
#SPJ11
Review of agency decision by appellate courts is based upon the record made at the administrative hearing.
A. True
B. False
The statement "Review of agency decision by appellate courts is based upon the record made at the administrative hearing" is A. True
This is because appellate courts review the decisions made by administrative agencies based on the existing record from the initial hearing, rather than conducting a new trial or hearing additional evidence. They evaluate the case for any legal errors or issues in the application of the law.
Review of agency decisions by appellate courts is generally based upon the record made at the administrative hearing. This means that the appellate court will generally review the evidence and legal arguments presented to the administrative agency during the hearing and determine whether the agency's decision was supported by the evidence and consistent with the applicable law.
In some cases, the appellate court may also consider additional evidence or legal arguments that were not presented to the administrative agency, but this is generally only allowed in limited circumstances, such as when there is new evidence that was not available at the time of the hearing or when the agency's decision was based on an erroneous interpretation of the law.
Learn more about courts here:
https://brainly.com/question/12278977
#SPJ11
Ida and Kwame are both mistaken as to the content within their contract. This type of mistake that is shared by both parties to an agreement is a[n] _______ mistake.
Ida and Kwame are both mistaken as to the content within their contract. This type of mistake that is shared by both parties to an agreement is a mutual mistake.
Mistaken refers to being incorrect or wrong about something or someone, often due to a misinterpretation or misunderstanding of the facts or situation. Mistaken can refer to a range of errors, from minor misunderstandings to significant mistakes that have serious consequences. Mistaken can be the result of a variety of factors, including faulty information, cognitive biases, or miscommunication. It is essential to recognize and correct mistaken beliefs or actions, as they can have negative consequences on individuals and organizations. Acknowledging and correcting mistaken behavior can improve relationships, prevent misunderstandings, and facilitate better decision-making.
Learn more about mistaken here:
https://brainly.com/question/31141768
#SPJ11
In which circumstance may a court find parol evidence admissible to further the court's understanding of an agreement?
A court may find parol evidence admissible to further its understanding of an agreement in circumstances where there is ambiguity or incompleteness in the contract, or when there's evidence of fraud, mistake, or duress.
Admissible evidence refers to evidence that is legally acceptable and can be presented in court to support a party's claim or defense. To be admissible, the evidence must meet certain criteria, including relevance, authenticity, reliability, and fairness. Relevant evidence is evidence that is directly related to the issues in the case and is probative of a fact in dispute. Authentic evidence is evidence that is what it purports to be and has not been tampered with or altered. Reliable evidence is evidence that is trustworthy and free from error or bias. Fair evidence is evidence that is obtained legally and does not violate the rights of the parties involved. If the evidence meets these criteria, it is generally admissible in court, although there are exceptions and limitations based on factors such as hearsay, privilege, and the rules of evidence in a particular jurisdiction.
Learn more about Admissible evidence here:
https://brainly.com/question/30628934
#SPJ11
[Poker dealer] Roland and Parna sign a contract
what did supreme court find In the case of Planned Parenthood v. Casey in 1992, ?
In the case of Planned Parenthood v. Casey in 1992, the Supreme Court upheld the central holding of Roe v.
In the case of Planned Parenthood v. Casey in 1992, the Supreme Court upheld the central holding of Roe v. Wade (1973) that women have a constitutional right to choose to have an abortion, but it modified the framework for analyzing restrictions on that right. The court abandoned the trimester framework and established a new standard based on the concept of undue burden. The court held that a state may not place an undue burden on a woman's right to choose to have an abortion before viability, which is the point at which the fetus can survive outside the womb. The court also held that states have an interest in protecting the potential life of the fetus after viability, but they may not impose an undue burden on a woman's right to choose to have an abortion even after viability, except in cases where the woman's life or health is at risk.
Learn more about established here:
https://brainly.com/question/28542155
#SPJ11
after seeing his brother serve a 1 year sentence for drug possession calvin decides to no longer use or sell drugs what type of philosophy of punishment has been fulfilledrehabilitationspecific deterrencegeneral deterrenceIncapacitation
The philosophy of punishment that has been fulfilled in this scenario is specific deterrence. Specific deterrence aims to prevent an individual from committing further crimes by imposing a punishment that will discourage them from doing so.
In this case, Calvin has been deterred from using or selling drugs after seeing the consequences that his brother faced, and therefore specific deterrence has been fulfilled. Rehabilitation aims to reform an individual and help them to reintegrate into society, general deterrence aims to deter others from committing similar crimes, and incapacitation aims to physically remove an individual from society to prevent them from committing further crimes.
What is specific deterrence also known as?
What prevents a person accused of a crime from committing the same offence again in the future is known as specific deterrence, also known as individual deterrence.
Who founded specific deterrence theory?
The works of three contemporary philosophers, Hobbes (1651), Beccaria (1872), and Bentham (1789), served as the foundation for the classical idea of deterrence.
To know more about specific deterrence:
https://brainly.com/question/13966266
#SPJ11
After seeing his brother serve a 1 year sentence for drug possession, Calvin's decision to no longer use or sell drugs is an example of the philosophy of punishment of specific deterrence being fulfilled.
Specific deterrence is the idea that punishment is meant to prevent an individual from committing the same crime again in the future. In this case, Calvin was deterred from continuing to engage in drug use and sales by seeing the consequences his brother faced as a result of his actions.
By witnessing his brother's punishment, Calvin was able to make the decision to change his behavior and avoid the same fate.
Therefore, specific deterrence has been fulfilled in this situation as Calvin's punishment influenced his future behavior and prevented him from continuing to commit the same crime.
To know more about drug possession visit:
https://brainly.com/question/30327099
#SPJ11
Which of the following category of workers is NOT covered by the National Labor Relations Act? (select all the answer option(s) that are correct)a.) All public and private employeesb.) Independent contractorsc.) Employees of the federal governmentd.) Employees of state governments
The National Labor Relations Act (NLRA) is a federal law that protects the rights of private-sector employees to organize and bargain collectively with their employers.
Here, correct option is A.
It does not cover all workers, however. Independent contractors, employees of the federal government, and employees of state governments are all excluded from the NLRA's protection. Independent contractors have a different legal status than regular employees, and their relationship with their clients or employers is usually governed by contract.
Employees of the federal government are typically covered by the Federal Labor Management Relations Act, which establishes a different set of rules and procedures for collective bargaining. Similarly, employees of state governments are typically covered by state laws, not the NLRA.
know more about National Labor Relations Act here
https://brainly.com/question/8726856#
#SPJ11
The APA requires a federal agency to include in its rules a statement of the bases and purposes of its rules.
A. True
B. False
The APA (Administrative Procedure Act) is a federal law that outlines the procedures that federal agencies must follow when making and enforcing rules.A. True.
One of the requirements of the APA is that federal agencies must include in their rules a statement of the bases and purposes of the rules. This statement, known as the "preamble" or "purpose and basis statement," is intended to provide transparency and accountability in the rulemaking process. The preamble explains the reasons why the agency is issuing the rule, the legal authority for the rule, and the expected benefits and costs of the rule. The preamble also provides the public with an opportunity to comment on the agency's reasoning and analysis, and to suggest alternatives or modifications to the proposed rule. Overall, the requirement for a purpose and basis statement helps ensure that federal agencies are transparent and accountable in their rulemaking, and that they are making rules that are based on sound reasoning, evidence, and analysis.
Learn more about preamble here:
https://brainly.com/question/8549262
#SPJ11
Federal administrative agencies receive their authority to act from.
A. True
B. False
True. Federal administrative agencies receive their authority to act from Congress through statutes and regulations, as well as from the President through executive orders and directives.
The authority granted to administrative agencies allows them to create and enforce rules and regulations in a variety of areas, such as environmental protection, workplace safety, and consumer protection. Administrative agencies are an important part of the federal government's regulatory framework and play a significant role in shaping public policy.
Administrative agencies are bodies created by Congress or the President to carry out specific functions related to the implementation and enforcement of federal laws and regulations. These agencies are authorized to create rules and regulations, conduct investigations, adjudicate disputes, and enforce compliance with their decisions through administrative or judicial action.
Administrative agencies are typically organized around a specific area of expertise, such as the Environmental Protection Agency (EPA), which is responsible for protecting human health and the environment, or the Securities and Exchange Commission (SEC), which is responsible for regulating securities markets and protecting investors.
Learn more about agencies here:
https://brainly.com/question/15129864
#SPJ11