In New Mexico, involuntary manslaughter is classified as a alternate degree felony, with a judgment ranging from a minimum of one time up to a outside of 18 year in captivity.
Depending on the inflexibility of the offense, a judge has the authority to put a judgment anywhere within that range. Involuntary manslaughter occurs when someone accidentally kills another person, without intent, due to felonious negligence or recklessness. For illustration, if someone was driving recklessly and unintentionally caused the death of another person, they could be charged with involuntary manslaughter.
The judgment for involuntary manslaughter in New Mexico will depend on the circumstances of the case, the felonious history of the defendant, and the type of judgment assessed by the judge. Generally speaking, those condemned of involuntary manslaughter in New Mexico can anticipate to spend at least one time in captivity.
The question is incomplete the complete question is :
How many years do yo get for involuntary manslaughter in new mexico?
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what role does the supreme court play in treaties with other nations
The Supreme Court look to see if the treaties with other nations unconstitutional.
As stated by the Supreme Court, one of its aims in interpreting a treaty is to ascertain the parties' intentions. Examining the treaty's language and the context in which the written terms are utilized serves as the first step in the interpretation process.
The Supreme Court has examined translations of treaties that call for their conclusion in other languages in order to better grasp their terms. The Court also takes into account a treaty's bigger purpose.
The Supreme Court occasionally looks at extratextual materials, such as the history of the drafting process, the opinions of other state parties, and other countries' post-ratification processes. However, the Court has issued a warning that it might not be acceptable to reference sources other than the text.
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the state of georgia versus ronnie jack beasley, jr. this case was decided by the supreme court of georgia on july 30, 1998. it is reported in volume 269, page 620 of georgia reports and in volume 502, page 235, of south eastern reporter, second series. assume that you are citing this case in a brief to the supreme court of georgia and that this court requires parallel citations to both the state and the regional reporters.
In the case of The State of Georgia v. Ronnie Jack Beasley, Jr., the Supreme Court of Georgia decided on July 30, 1998, and reported in Volume 269, Page 620 of Georgia Reports and Volume 502, Page 235 of South Eastern Reporter, Second Series. This case is cited in a brief to the Supreme Court of Georgia, requiring both state and regional parallel citations.
The state of Georgia v. Ronnie Jack was a case that dealt with the right to a speedy trial. In this case, Ronnie Jack was charged with two counts of armed robbery and was not provided a speedy trial. The Supreme Court of Georgia found in favor of Jack and held that due to the lack of a speedy trial, his rights were violated. Therefore, the court ordered the state of Georgia to compensate Jack for the delay in trial. This case serves as an important precedent for the right to a speedy trial and serves as a reminder of the importance of upholding this fundamental right.
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chapter 4: the view that most of the protections of the bill of rights apply to state governments through the fourteenth amendment's due process clause is referred to as:
A constitutional principle known as incorporation allows for the integration of portions of the first 10 amendments to the US Constitution.
No State may pass or enforce any laws that limit the rights or privileges of US citizens; no State may take away anybody's life, liberty, or property without first giving that person a fair trial; and no State shall deny anyone residing within its borders the equal protection of the law.
The United States Supreme Court ruled that same-sex marriage is a fundamental right protected by the Fourteenth Amendment and must be permitted. The decision states that statewide restrictions on same-sex unions are not constitutionally allowed.
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A woman whose child attended a charter school learned that the children of the woman's neighbor who attended a parochial school received a hot lunch paid for, in part, through federal expenditures enacted under Congress's spending power. The charter school received no funding from the federal government. The woman challenged this federal expenditure as a violation of the Establishment Clause.
For her to bring the suit, at the very least what must the woman allege?
The woman must claim that the federal funding given to the Catholic school is being used to advance or promote religion in violation of the Establishment Clause of the First Amendment.
In order to file a lawsuit challenging the federal expenditure as a breach of the Establishment Clause.
She must also claim that the funding has caused her particular harm, such as depriving her kid of an equal opportunity to receive an education or subsidizing religious institutions with her own tax money.
She must also have standing to file the lawsuit, which indicates that she has a personal stake in the result and that the court can compensate her for her harm.
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29 CFR 1910 requires that fire fighters involved in interior structural firefighting operations be provided with a(n):
29 CFR 1910 requires that firefighters involved in interior structural firefighting operations be provided with a self-contained breathing apparatus
The Occupational Safety and Health Administration, or OSHA, is one of the Department of Labor's agencies. OSHA's regulation 29 CFR 1910 establishes requirements for workplace security. In the given case, is it specifically discussed about the Respiratory Protection Standard which is the 29 CFR 1910.134
In accordance with this standard, a self-contained breathing apparatus must be available for use by firefighters engaged in inside-structure firefighting operations (SCBA). The SCBA provides a breathable air supply in environments where the air may be polluted or low in oxygen. The standard also stipulates that firefighters must receive training in the usage and maintenance of SCBAs and that they must be adequately maintained and inspected.
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chemist robert boyle created boyle’s law, the first law to describe what?
Robert Boyle is credited with formulating Boyle's Law, the first law to describe the relationship between the pressure and volume of a gas.
It states that the pressure of a given volume of gas held at a constant temperature is equally commensurable to its volume. In other words, when the pressure of a gas increases, its volume decreases and vice versa. This law is a result of his trials on air pressure in the early 1600s. He set up that when he compressed a certain quantum of air in a vessel, the pressure of the air increased.
He also observed that the volume dropped when the pressure increased. This led to the conclusion that the two variables are equally related, and therefore, Boyle's Law was born. Boyle's law is an important part of the kinetic proposition of feasts, which explains how feasts bear.
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for a do not resuscitate order to be valid it must
special learners permits and examination permits are valid until all qualifications for a probationary license are met, or for , whichever occurs first
Graduated driver licensing (GDL) systems referred to a special learners permits and examination permits are valid until all qualifications for a probationary license are met, or for , whichever occurs first to get the basic Driver License.
The Graduate Diploma in Law (GDL) is a specials learner permits referred to a law conversion course that is effectively fits around 18 months of undergraduate Law into one intensive year. There are some restrictions for probationary license, special permit and Examination Permit holders include that no driving between 11:01 p.m. and 5:00 a.m.
Graduated Driver License (GDL) Program referred to a program which introduces driving privileges in phases with a period supervised driving and getting a basic driver license. Individuals who have never had a driver license must complete a GDL course.
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under common law, refers to the ways in which laws are applied in specific situations. multiple choice precedent custom common theocratic
Under common law, precedent custom common theocratic refers to the ways in which laws are applied in specific situations. It influences the decision-making process in unusual cases where the outcome cannot be determined based on written rules of law.
The common law system is used to referred to a country's legal history, precedent to cases that have come before the courts and custom to the ways in which laws are applied in specific situations. It is used as a legal system, this system is based primarily on written laws or codes or constitutions that referred to a body of laws developed through the courts.
Common law defined as a body of unwritten laws based on legal precedents established by the courts. It is called common law system because it established one law that is the common law which referred to the whole kingdom.
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penalty for involuntary manslaughter in new mexico
Involuntary manslaughter is a fourth-degree crime in New Mexico, punishable by up to 18 months in prison and a $5,000 fine.
What sentence length applies to unintentional death?If found guilty of manslaughter by gross carelessness, the maximum sentence is 12 years in jail. On the other hand, manslaughter committed by an illegal or risky behavior can result in a sentence of up to 18 years in jail.
Being negligent or neglecting to take due diligence when doing a lawful act might result in someone being fatally injured. "Voluntary manslaughter" is the detail concerning for this felony. A fourth-degree offense called involuntary manslaughter carries a maximum sentence of 18 months in jail and two years of probation.
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which of the following could be cited as evidence that texas was a pro-slavery state? (select all that apply.)
For many years, the existence of these two governments in Kansas was responsible for numerous fight outbreaks, murders, political instability, raids, electoral fraud, and acts of open violence.
One of the states that make up the USA is Kansas. It shared boundaries with Nebraska to the north, Missouri to the east, Oklahoma to the south, and Colorado to the west, all of which are states in the United States. There were concurrently operating rival pro- and anti-slavery governments between the years 1854 and 1861. The pro-slavery factions or governments, who were Missourians, were known to as "Border Ruffians," whereas the anti-slavery groups or governments called themselves "Free Staters." For many years, the existence of these two governments in Kansas was responsible for numerous fight outbreaks, murders, political instability, raids, electoral fraud, and acts of open violence.
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Garden Tool Company makes chain saws. Hadrian is injured while using a Garden Tool saw and sues the company for product liability based on negligence. To win, Hadrian must show that
A. Garden tool used puffery in its advertising
B. Garden tool did not use due care with respect to the trimmer
C. Hadrian was not experienced in the use of trimmers
D. Hadrian was in probity with garden tool
Hadrian must show that Garden Tool didn't use due care with respect to the chain saw in order to win the product liability action grounded on negligence and Garden tool used puffery in its advertising so option A is correct .
This means that Hadrian must show substantiation that Garden Tool was apprehensive of, or should have been apprehensive of, the implicit troubles of a chain saw and didn't take reasonable way to help injury. This could include substantiation that Garden Tool didn't give acceptable warnings or instructions, or that the chain saw had a design or manufacturing disfigurement that made it more likely to beget injury.
Hadrian will also need to prove that he wasn't careless in using the chain saw and that he wasn't endured in its use. He should also be suitable to prove that he was in probity with Garden Tool, meaning that he wasn't in any way responsible for his own injury.
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the supreme political authority rest with the people and the citizens themselves
1) Democracies (direct or indirect, where the people have ultimate political power and are sovereign); 2) Autocracies; and 3) Oligarchies
Politicians define political power as the capacity of an individual or organization to shape the attitudes, behaviours, and beliefs of citizens of a given country. This power may be legitimate power granted to a body by the people of a nation under social governance. An individual, a group, or a nation may have economic power if they are able to better their financial standing. Politicians, leaders, and others who have the capacity to shape governmental policy have what is known as power. This ability allows them to affect the choices that individuals and nations make. All political power comes from the people, who also have all political authority, and all free governments are established on their authority for their equal protection and benefit.
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What are the 3 basic forms of government classified based on who can participate in the government
a federal court has legal control over cases involving federal statutes. this legal control is referred to as
Cases involving federal legislation are subject to the jurisdiction of a federal court. The term "jurisdiction" refers to this type of legal control.
A federal court has legal control over cases involving federal statutes. This legal control is referred to as jurisdiction. Jurisdiction refers to the authority of a court to hear and decide a case.
Federal courts have jurisdiction over cases involving federal statutes, such as cases involving federal criminal laws, and cases that involve disputes between citizens of different states or that involve a federal government agency or official.
This jurisdiction is granted to them by the Constitution and federal laws. Federal courts also have limited jurisdiction over certain types of cases, such as cases involving diversity of citizenship, where the parties are citizens of different states, and cases involving a federal question, where the case arises under federal law.
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A federal court has legal control over cases involving federal statutes. this legal control is referred to as jurisdiction
Cases involving federal legislation are subject to the jurisdiction of a federal court. The term "jurisdiction" refers to this legal control. The ability of a court to hear and consider a case is referred to as jurisdiction.
Instances involving federal legislation, such as those involving federal criminal laws, as well as cases involving conflicts between residents of various states or cases involving a federal government agency or person are subject to federal court jurisdiction.
The Constitution and federal statutes provide them the authority to exercise this jurisdiction. Cases involving diversity of citizenship, in which the parties are citizens of several states, and cases involving a federal question, in which the dispute is governed by federal law, fall under the restricted jurisdiction of federal courts.
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the intentional omission of material facts when offering or selling a security can result in: i civil liability ii criminal liability iii criminal penalties
Civil liability referred to gives a person rights to obtain redress from another person .The intentional omission of material facts when offering or selling a security can result in Criminal liability and Criminal penalties.
Criminal liability defined as the liability that is to be penalties in a criminal proceeding because it is in the form of punishment which may be in the form of fine or death or imprisonment.There are some penalties that is related to the criminal offences are custodials and non-custodial punishments.
An example of criminal liablity is related to acknowledged damaging a house without authorization, to the responsibility for any illegal behaviour that causes damages to someone or something.It basically means from the evidence given, any lay person can see that indeed the accused has committed the crime.
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drag and drop the country to its type of government. armenia azerbaijan georgia kyrgyzstan parliamentary democracy presidential democracy dictatorship
Parliamentary democracy: Aremina and Kyrgyzstan
Presidential democracy: Georgia
Dictatorship: Azerbaijan
The public authority in a parliamentary democracy contains a prime
serve and the bureau.
The state leader is the political CEO and top of the
government.
The bureau is made out of pastors whose work it is to be in the
bureau and head the different government divisions.
In a parliamentary democracy, the presidential branch and the public authority are exactly the same thing
Presidential: Democracies in which the public authority doesn't
rely upon an official larger part to exist are presidential.
The presidential system chooses a head of government freely of the legislature, while conversely, the head of government in a parliamentary system answers straightforwardly to the legislature.
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rich and poor according to a rational-material explanation, the 2013 government shutdown was mainly aconflict between .the rich and the poor conservatives and liberals republicans and democrats the legislative and executive branches
The 2013 government shutdown was mostly a battle between republicans and democrats, a rational-material explanation claim.
The Democratic-Republicans were a political party in the US. Democratic-Republicans upheld a strict interpretation of the US Constitution and favored a compact federal structure with the preponderance of authority resting with state governments. They backed a thriving agrarian economy and opposed the Federalist objectives of industrialization and a national bank. According to a rational-material account, the 2013 government shutdown was essentially a conflict between the Republicans and the Democrats. The Affordable Care Act and the budget were the two main problems that caused the shutdown, with Republicans in the House of Representatives pushing for changes to the program while Democrats in the Senate and the White House refused to negotiate.
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which of the following makes a correct comparison between political parties and protest movements in the united states? choose 1 answer:
A comparison between political parties and protest movements in the United States is often made, but it is important to note that they are fundamentally different entities.
Political parties are established organizations with a set of core beliefs and a political agenda, whereas protest movements are more informal, often driven by grassroots activism and focused on a specific issue or cause. While both have the potential to influence and shape public policy, it is important to recognize that political parties have the institutional power to continue to exist and sustain their influence, whereas protest movements are fleeting, often dissipating as soon as their goals are achieved.While political parties focus on gaining power through elections and influencing policy through the legislative process, protest movements rely on collective action and civil disobedience as a means of social reform. Additionally, political parties generally have strong organizational structures, while protest movements often have loose, decentralized structures. Ultimately, both political parties and protest movements are necessary for a healthy democracy and the preservation of civil rights.
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Scott Fane was a CPA licensed to practice in New Jersey and Florida. He built his New Jersey practice by making unsolicited phone calls to executives, a practice sometimes called "cold call marketing". When he moved to Florida, the Board of Accountancy there prohibited him (and all CPAs in the state) from personally soliciting new business. Mr. Fane sued. Who won this case when it reached the U.S. Supreme Court? Why did the Supreme Court decide in this party's favor?
In the given case- Fane won. The Court concluded that Florida's ban on cold calling was unlikely to achieve their stated objective of raising the standard of CPA work in their state.
The Professional Regulation Commission (PRC), a government organization responsible for the registration and regulation of professionals in the Philippines, administers the Board of Accountancy (BOA), the country's professional board for Certified Public Accountants.You must fulfill the education, test, and experience requirements to become a certified public accountant (CPA). The Uniform CPA Examination® (CPA Exam), which has four sections: Financial Accounting and Reporting (FAR), Business Environment and Concepts (BEC), and Regulation (REG), is a requirement for all applicants. All candidates must pass the CPA Exam, but other requirements may vary depending on the jurisdiction. For more information, you should contact your local Board of Accountancy.To know more about accountancy here
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Which of the following provides the Clausius statement of the second law?
a) it is impossible for any device that operates on a cycle to cause heat to flow from low to high temperature
b) It is impossible to construct a device that operates in a cycle and produces no effect other than the transfer of heat from a lower-temperature body to a higher-temperature body
c) It is impossible for any device that operates on a cycle to receive heat from a single reservoir and produce a net amount of work
d) It is impossible for any device that operates on a cycle to produce a net amount of work and reject heat to a low-temperature sink
It is impossible to construct a device that operates in a cycle and produces no effect other than the transfer of heat from a lower-temperature body to a higher-temperature body.
The Clausius statement states that it is impossible to construct a device whose sole effect is the transfer of heat from a cool reservoir to a hot reservoir. Equivalently, heat spontaneously flows from a hot body to a cooler one, not the other way around.Clausius statement is related to refrigerator and heat pump whereas gas turbines works on Brayton Cycle.When an isolated system undergoes a spontaneous change, the entropy of the system will increase.The Clausius inequality for a closed system states that the process is irreversible if TdS > dQ, and the process is reversible if TdS = dQ.Representation of the Clausius–Clapeyron equation (p = pressure of the phase; T = absolute temperature; ΔH = molar enthalpy of the phase transition; ΔV = difference in the molar volumes of the two phases 1 and 2; c = integration constant; R = gas constant).To learn more about Clausius statement click here
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which classification of law applies to situations in which someone commits an act against the public as a unit?
When someone commits an act against the general public, criminal law is applicable. The right response in this case is option C.
Criminal law is the branch of law that deals with behavior that is considered to be harmful to society as a whole. It defines crimes and sets out the punishment for those who commit them.
Crimes are considered as wrongs against the public, as opposed to wrongs against an individual. They are prosecuted by the government on behalf of the people, not by the individual who was harmed by the crime. Examples of criminal law include theft, murder, and drug offenses.
In contrast, civil law applies to disputes between individuals or organizations and deals with issues such as contracts, property, and torts. Public law encompasses laws that govern the relationship between the individual and the state, including administrative law, constitutional law, and international law.
Complete question:
Which classification of law applies to situations in which someone commits an act against the public as a unit?
a. public
b. civil
c. criminal
d. private
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Criminal law applies to situations in which someone commits an act against the public as a unit.
Hence, option (B) is the correct choice.
The corpus of law that deals with crimes is known as criminal law. It forbids behaviour that is seen to pose a threat to, be detrimental to, or otherwise pose a risk to the possessions, health, safety, and moral well-being of others, including oneself.
Criminal laws primarily concentrate on behaviour that is disrespectful to the general public, society, or the law of the nation.
Contrarily, civil law deals with matters like contracts, property, and torts and is applicable to disagreements between people or organisations. Administrative law, constitutional law, and international law are all examples of public law. Public law also includes laws that regulate the interaction between the person and the state.
Complete question:
Which classification of law applies to situations in which someone commits an act against the public as a unit?
a. public
b. civil
c. criminal
d. private
The right response in this case is option C.
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which of the following statements about penalties under the uniform securities act are true? i criminal liability may be offset by rescission ii civil liability may be offset by rescission iii the statute of limitations on criminal actions is 5 years iv the statute of limitations on civil actions is 3 years
The statment "The statute of limitations on civil actions is 3 years" is true as it forms one of the penalties under the uniform securities act.
The correct option is D.
The starting point for state-level securities regulation is the model statute known as the Uniform Securities Act.
The Securities and Exchange Commission (SEC) needs assistance with enforcement and regulation, thus the Uniform Securities Act was created to address securities fraud at the state level.
The Uniform Securities Act serves as a model for states creating their own securities laws. Due to earlier restrictions not being adopted uniformly across the nation, the legislation underwent a number of revisions.
Some jurisdictions didn't adopt every securities law that the Uniform Law Commissioners proposed.
The Uniform Securities Act increased parity between the federal and state implementation of securities protections through later updates and replacements of earlier legislation.
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a plaintiff sued a defendant for personal injuries arising out of an automobile accident. which of the following would be an error?
There are several potential errors that could occur in this scenario, but a few examples include:
The plaintiff suing the wrong party: For example, if the plaintiff was injured by a hit-and-run driver and sues the owner of the vehicle rather than the driver, this would be an error.
The plaintiff failing to prove causation: In order to recover damages, the plaintiff would have to prove that the defendant's negligence caused the plaintiff's injuries. If the plaintiff fails to provide sufficient evidence linking the defendant's actions to the plaintiff's injuries, this would be an error.
The plaintiff misstating the amount of damages: If the plaintiff exaggerates the extent of their injuries or the costs of their medical treatment, this could be considered an error.
The defendant raising an inadmissible defense: if the defendant raises an irrelevant defense or that is not in accordance with the law, would be an error.
The judge making an error in the jury instructions : a judge's error in how he instructs the jury on the law or how to evaluate the evidence could also be considered as an error.
This list is not exhaustive, but it gives an idea of the various types of errors that could occur in a personal injury case arising from an automobile accident.
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when are you allowed to drive on the shoulder to pass another vehicle on the right?
Answer:
On the right shoulder driving is permitted in order to stop, stand or park the vehicle; to accelerate before entering the travel lane; or to decelerate before a right turn. Using the right shoulder is also allowed when passing another vehicle that is slowing or stopped in the travel lane or about to turn left, or to let a faster vehicle pass.
at trial in a criminal prosecution for theft, the defendant calls a witness to testify that he formerly knew the defendant as an army supply sergeant and that the defendant had turned down many opportunities for black marketeering.
No, because the defendant is not permitted to cite specific examples of excellent behavior as proof of his moral character.
When a person is subjected to legal action, they are being prosecuted. Such operations are initiated by the prosecuting attorney, who may be the federal United States Attorney, the state Attorney General, or the local District Attorney.
Taking cash or items worth less than $950 may result in a petty theft charge. Petty theft is a misdemeanor that carries a maximum penalty of up to $1,000 in fines and/or up to six months in county prison. Grand theft is when someone steals something worth more than $950.
The rights of criminal defendants are protected by the Sixth Amendment, including the right to an impartial jury, the right to a prompt public trial, the right to legal representation, and the right to know who is accusing you, the specifics of the charges, as well as any supporting evidence.
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International human right law
Human rights cover a wide range of freedoms, such as the right to work and receive an education, the freedom from slavery and torture, the right to freedom of speech.
What is human rights to do?Human rights cover a wide range of freedoms, such as the right to work and receive an education, the freedom from slavery and torture, the right to freedom of speech. These rights are universal and not subject to any kind of bias.Human rights cover a wide range of freedoms, such as the right to work and receive an education, the freedom from slavery and torture, the right to freedom of speech. These rights are universal and not subject to any kind of bias.Any action—or inaction—that deprives the person served of any of his or her legal rights, as stated in the law, in these regulations, or in other applicable Department Regulations, is a violation of human rights.The Universal Declaration of Human Rights was drafted with input from more than 50 UN member states.To learn more about human rights refer to:
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supreme court deals major blow to 2nd amendment for millions
How has the Supreme Court changed its stance on the meaning of the Second Amendment?
The Supreme Court has changed its stance on Second Amendment by evolving.
The perspective of the Supreme Court on the Second Amendment's meaning has changed throughout time. The Second Amendment was not seen as an individual right in the 19th century, but rather as a restriction on the federal government's authority. In the 20th century, the Supreme Court viewed the Second Amendment as defending a person's freedom to own firearms for acceptable uses, such as domestic self-defence.
Further, the Supreme Court stated in the 2008 decision District of Columbia v. Heller that the Second Amendment safeguards a person's right to own a gun for self-defence and that this right is not restricted to situations involving militia service as in that case. The court did rule that this right is not unqualified and that sensible gun control laws may be legal.
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FILL IN THE BLANK _____ is created when an appellate court renders a decision; lower courts must follow that decision and apply the law created by this prior case to any new cases involving similar facts and circumstances.
A precedent is created when an appellate court renders a decision; lower courts must follow that decision and apply the law created by this prior case to any new cases involving similar facts and circumstances.
The term "precedent" refers to a court decision that serves as a guide for handling similar legal questions or cases with the same or comparable facts in the future.
The principle of stare decisis, which incorporates precedent, calls for courts to apply the law consistently in instances involving the same facts.
According to some judges, precedent ensures that people in similar circumstances are handled equally rather than dependent on a specific judge's personal opinions.
A case cannot serve as precedent if the circumstances or issues in the case are different from those in the precedent case.
A string of decisions typically sets a precedent. A single judgement may occasionally set a precedent.
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Bilt-Well Construction Corporation makes a side payment to a govern?ment official in Nigeria to obtain a contract.In the United States,this is
A)illegal and unethical.
B)illegal but not unethical.
C)unethical but not illegal.
D)legal and ethical.
Bilt-Well Construction Corporation makes a side payment to a government official in Nigeria to obtain a contract. In the United States, this is A) illegal and unethical. B) illegal but not unethical. C) unethical but not illegal. D) legal and ethical.
The answer depends on the country's laws and regulations regarding business transactions with public officials. In the United States, it is illegal to bribe a public official in order to obtain or retain business. The Foreign Corrupt Practices Act (FCPA) prohibits American companies from paying bribes to foreign officials for the purpose of obtaining or retaining business. Violations of the FCPA can result in criminal penalties, including fines and imprisonment. However, some countries do not have laws prohibiting bribery of public officials, and in those countries it may be considered a normal business practice. For example, in Nigeria it is common for businesses to make side payments, or "grease payments", to government officials in order to secure contracts. While this type of payment would be considered illegal in the United States, it is not necessarily considered unethical due to the different cultural context.
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Intending to encourage long-time resident aliens to become American citizens, a state passed a law denying numerous state and municipal jobs to persons who had been resident aliens for longer than 10 years. Those already in the state had to apply for American citizenship within a year after the law took effect. Persons who had acquired resident alien status prior to achieving the age of majority had until age 30 to acquire such status or be automatically disqualified from obtaining such a job. A 40-year-old man who has been a resident alien in the state for 15 years applied for a job as a police emergency response telecommunications expert. He had not filed for citizenship within the one-year grace period.
May the state constitutionally rely on the statute to refuse to hire the man?
A. Yes, because a police department performs an integral governmental function and the state law does not discriminatorily classify resident aliens by race or ethnicity.
B. Yes, because aliens are not entitled to the privileges and immunities of state citizenship.
C. No, because the law does not apply equally to all aliens.
D. No, because the reasons for application of the law to the man do not appear compelling.
In the case of the man in question, the law is probably unconstitutional. It concerns an equal protection issue. State classifications based on alienage are subject to stringent scrutiny under the Equal Protection Clause and must therefore serve a compelling interest in order to be constitutional.
There does not seem to be a strong reason for this. The answer is (D), thus.
Although there is an exception from the strict scrutiny standard where a state or local government discriminates against aliens when hiring individuals for jobs involving "self-government" processes, the position in question (emergency communications for a police department) is a technical one and probably would not be found to be related to the self-government process; in any case, the statute applies to all positions and not just to jobs involving only "self-government" processes.
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