No, the judge should not admit the evidence because Any witness, including a criminal defendant, may be impeached if evidence is presented that he was convicted of any crime involving dishonesty or false statement within ten years of his conviction.
Embezzlement is a dishonesty or false statement crime. The prosecution may use the conviction for impeachment purposes because it occurred within the last ten years. Answer is incorrect because it describes the standard used to determine whether the court may overturn a conviction for a crime that does not involve dishonesty or a false statement.
In general, a court may not exclude crimes involving dishonesty or false statements committed within the previous ten years. Conviction for a crime involving dishonesty or a false statement committed within the last ten years can be used to impeach a criminal defendant who testifies in his own defense.
Because, while the conviction cannot be used to determine whether the defendant committed an assault, it can be used to impeach the defendant as a witness.
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Complete Question:
In a civil assault suit between a plaintiff and a defendant, a witness testified that the defendant had been with her on the night of the alleged assault, more than 200 miles away from where the assault was alleged to have occurred. To challenge the witness's credibility, the plaintiff's attorney sought to present evidence of the witness's juvenile conviction for voluntary manslaughter five years ago. The defendant objected to the admission of this evidence. Should the judge admit the evidence?
(1) Yes.
(2) Yes, but only if the judge concludes that the probative value of admitting this evidence outweighs its prejudicial effect to the witness.
(3) No, but only if the judge concludes that the probative value of admitting this evidence is outweighed by its prejudicial effect to the witness.
(4) No.
what occupancy classifications is currently not typically regulated as a place of public accommodation by the americans with disabilities act (ada)?
Factory occupancy classifications is currently not typically regulated as a place of public accommodation by the Americans with disabilities act (ada).
A civil rights statute known as the Americans with Disabilities Act (ADA) forbids discrimination against people with disabilities in all spheres of public life, including employment, education, transportation, and all public and private locations that are accessible to the general public.
Discrimination based on a handicap is forbidden in the operations of public accommodations under Title III of the Americans with Disabilities Act (ADA).
Businesses that are open to the public or that offer goods or services to the public are referred to as public accommodations.
Although Title III's anti-discrimination prohibitions are explicit, it is frequently questioned whether specific locations where goods and services are offered would constitute as a public accommodation.
The given question is incomplete. The complete question is:
what occupancy classifications is currently not typically regulated as a place of public accommodation by the Americans with disabilities act (ada)?
A. Factory
b. restaurants,
c. movie theaters,
. schools
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In what situations does federal law preempt state law? Choose 2 answer choices.
When Congress passes very detailed laws
When Congress passes a law and creates an agency to enforce that law
Federal law preempts state law in all cases
When the state law explicitly states it preempts other laws
When Congress passes a law and creates an agency to enforce that law.
When Congress passes very detailed laws.
Preemption is a legal theory that gives a higher level of government the ability to restrict or even completely eliminate a lower level's ability to regulate a certain subject. Federal law supersedes state and local law, according to the US Constitution's Supremacy Clause.
An detailed study is necessary to determine whether federal law supersedes state law. State law can be preempted by Congress by including specific wording in a statute, but even in the absence of such language, preemption may be implied by other considerations.
For state law to be preempted, certain conditions must be met, according to the U.S. Supreme Court. Preemption by federal rules is addressed in an Executive Order issued by President Clinton in the late 1990s.
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Emile Durkheim stated several reasons why deviance was actually functional for society. Which of the following was not one of them?O White collar crime is an act committed in the course of a legitimate occupation, street crime is not.
O The difference in the social class of the Saints compared to the Roughnecks.
O They are all conditions that result in stigma.
O One deviant act leads to another, which increases social solidarity
The last option is the correct answer to this question. One deviant act leads to another, which increases social solidarity.
Deviance, also known as the sociology of deviance, is the study of activities and/or behaviors that go against established social standards, including both official and unofficial transgressions.
It may erode ingrained social norms and lead to discord and chaos. However, it also serves other purposes that aren't always bad and might even be advantageous to society.
Deviance is behavior that deviates from societal expectations and causes ill feelings in other people. Crime is conduct that is seen as being so serious that it is against the formal laws that forbid such conduct. The term "social control" describes efforts made by a society to stop and punish norm-breaking behavior.
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Should public figures be required to accept libelous accusations as the price of Fame?
Yes, public figures should be required to accept libelous accusations as the price of Fame.
You can criticize someone or express your opinion that they did something wrong by making an accusation against them. Corrupt practices have been alleged against a number of former officials by investigators. Serious allegations of wrongdoing are currently being investigated by the police. He was accused of lying to the police, although he strongly refuted this. He questioned her about her whereabouts with a tinge of reproach in his voice. Such accusations constitute defamation of character. Defamation can be done in two ways. Libel: In writing, such as in a newspaper, magazine, or online, libel is the defamation of another person's character. Slander: Slander is the oral publication of defamation, such as in public speaking, on the radio, or in everyday conversation.
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the united nations defines high-, intermediate-, and low-fertility countries according to the .
The United Nations classifies countries into high, intermediate, and low fertility based on the total fertility rate.
High Fertility Countries: Total fertility rate of 5.0 or higher
Intermediate Fertility Countries: Total fertility rate between 2.1 and 5.0
Low Fertility Countries: Total fertility rate of 2.1 or lower
The United Nations classifies countries into high, intermediate, and low fertility based on the total fertility rate. High fertility countries have a TFR of 5.0 or higher, intermediate fertility countries have a TFR between 2.1 and 5.0, and low fertility countries have a TFR of 2.1 or lower.
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Why did Congress pass the federal Identity Theft and Assumption Deterrence Act?
Answer:
This act (Pub. L. 108–275 § 1028A) establishes penalties for "aggravated" identity theft, which is using the identity of another person to commit felony crimes, including immigration violations, theft of another's Social Security benefits, and acts of domestic terrorism.
Explanation:
Answer:
In 1998, Congress passed the Identity Theft and Assumption Deterrence Act, which officially made identity theft a federal crime.
Explanation:
In 1998, Congress passed the Identity Theft and Assumption Deterrence Act, which officially made identity theft a federal crime.
public opion polls idnicate that which of thse is the strongest feature of american poltical culture?
Public opinion—citizens’ attitudes about political issues, leaders, institutions, and events—serves as a political basis of support for contemporary politicians.
Presidents, members of Congress, and even the Supreme Court must take account of public opinion in their efforts to govern and to make and implement policy.
As the standard by which we judge the strength of American democracy, public opinion—its origins, its development, and its influence—is a key concern of modern political science. Operating at both the individual level and the collective level, public preferences are quite complex.
Understanding the origins of public opinion, the state of contemporary public knowledge about politics, and the ways that political elites shape and measure public opinion are the key aims of this chapter.
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The right way of asking the question is:
Do public opinion polls indicate which of these is an especially strong feature of American political culture?
When a plaintiff has both federal and state-based claims against a defendant and diversity jurisdiction does not exist, the federal court has:
A. Discretion to exercise supplemental (pendent) jurisdiction over the state law claim, regardless of whether the two claims derive from a common nucleus of operative fact
B. No discretion to exercise supplemental (pendent) jurisdiction over the state law claim; it must transfer all claims to state court
C. Discretion to exercise supplemental (pendent) jurisdiction over the state law claim if the two claims derive from a common nucleus of operative fact and are such that a plaintiff would ordinarily be expected to try them all in one judicial proceeding
D. No discretion to exercise supplemental (pendent) jurisdiction over the state law claim; it must exercise such jurisdiction
The correct option is (B), a federal court has no discretion to exercise supplemental (pendent) jurisdiction over the state law claim; it must transfer all claims to the state court.
In some situations, the plaintiff will be able to sue the defendant on both federal and state grounds. The federal court has the option to exercise supplemental (pendent) jurisdiction over the claim based on state law even though there may not be diversity. This is possible if the two claims are sufficiently connected to constitute one case or controversy and are such that a plaintiff would typically be expected to try them all in one court proceeding.
If the claims are unrelated, a federal court cannot exercise its discretion to exercise jurisdiction. Therefore, it is incorrect to say that the court has discretion regardless of how closely related the claims are. It is up to the court to decide whether or not to use its additional jurisdiction in this case.
As a result, neither of the answer options that claim the court has the authority to exercise additional (pendent) jurisdiction over the state law claim is true. It is not required to use discretion or to refer the claims to state court.
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Our author in Chapter 4 states that “Mobility security and freedom are inextricably linked concepts along a continuum in which each absolute resides on a polar end of the spectrum.” Explain what the author is trying to say and give two examples when transportation security was affected, but do not include the 9/11 events.
The assaults led to a decline in air travel as a whole and a change in travelers' choices for specific locations.
What is an assault?A legal definition of an assault is the unlawful act of causing bodily harm or unwanted physical contact to another person, or, in some cases, the threat or preparation of such an act.
Due to the fact that it is both a crime and a tort, it could lead to either legal action or civil liability. In both criminal and tort law, the common law term is typically the same.
Common law legal systems traditionally distinguish between assault and battery in their definitions. When this distinction is made, assault is defined as a credible threat or attempt to inflict battery, whereas battery refers to the actual physical contact.
Some jurisdictions consolidated the two crimes into one offense known as "assault and battery," which later came to be commonly known as "assault."
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in alabama, how far must a vessel stay from a diver-down flag?
The displayed diver's flag must be kept at least 100 feet away from vessels. Operator must maintain a proper lookout.
Typically, operators are a portion of the mathematical, conditional, or logical expressions in a program that manipulates variables and data. A symbol that instructs the compiler to carry out particular mathematical, logical, or conditional operations is what is meant when we state that an operator is such a symbol. Managers that prioritize assisting others in completing tasks are frequently kind and supportive. In general, operators will present the team with explicit instructions and recommendations. Replicable success and superior outcomes are the team's main priorities. A person who works as a machine operator, such as a computer operator, is employed to run or manage a machine. A person or organization that manages a business is known as an operator.
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what is the first action required of a boat operator who witnesses a boating accident?
Rendering first aid to the victims of the accident is the first that has to be done and then calling for emergency assistance.
What is the first action required of a boat operator who witnesses a boating accident?The first action required of a boat operator who witnesses a boating accident is to render aid to anyone who is injured or in danger, and to immediately call for emergency assistance using marine radio or a cellular phone.
Any occurrence in which a boat flips over, catches fire inside, collides with another boat or a submerged object is considered a boating accident.
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In this activity, you will research and find information related to childcare centers.
Question 1
Conduct online research and look for two different procedures and policies manuals from two different childcare centers. Read through both of these manuals completely and then compare and contrast the contents and policies in light of what you have learned about child development
Generally, all childcare centres support child development. The contrast comes with respect to the methods used.
The policies and procedures manuals that describe the rules and standards for how the centre runs are available at childcare facilities. Although topics covered in these manuals might vary greatly, some common ones include the health and safety regulations that cover matters such as drug administration, first aid, and hygienic practices. Employee obligations include employment tasks, conduct guidelines, and expectations for staff behaviour. The program design includes guidelines for the curriculum, activities, and scheduling.
When comparing, the distinctions can be seen in the parameters and policies. Promoting a child's healthy social-emotional development requires different policies that support strong bonds between staff, students, and families. Children can also achieve their full potential with the aid of developmentally appropriate policies, such as those offering diverse experiences and activities.
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Maggie Bertone was offered a position as director of food service for the East Egg Public School District. She received a written offer of employment on the first of the month with the stipulation that the offer would be in effect until the 15th of the month. If Ms. Bertone were to accept, she was required to sign the employment contract enclosed with the offer and return it to the offices of the public school district before the 15th.
Excited about the offer from the East Egg Public School District, Ms. Bertone turned down another job offer with a food distributor at an annual salary of $75,000.00. Ms. Bertone then read through the terms of the agreement with the East Egg School District. After reading the terms of the contract, Ms. Bertone decided the offered salary of $90,000.00 was too low. Accordingly, she adjusted the salary upward in the contract by $5000 and initialed and dated the change on the contract. Ms. Bertone then signed the agreement and mailed the executed document, along with a letter indicating that she was pleased to accept the offer, to the East Egg Public School District’s Administrative Offices.
The School District received the correspondence and the signed contract on the 10th of the month. On the 13th of the month, the Superintendent for the District called Ms. Bertone to express his sadness that she did not take the job, at which time Ms. Bertone, realizing the salary change was too high, verbally accepted the job at the original salary offered. The Superintendent advised Ms. Bertone, however, that the District had already offered the position to someone else. Ms. Bertone filed a suit for breach of contract against the School District.
Will Ms. Bertone prevail in her breach of contract action? Why or why not? Explain the potential damages that might be available if Ms. Bertone were to succeed.
It is uncertain whether Ms. Bertone would prevail in her breach of contract action against the School District. The outcome would depend on the specific laws and regulations of the jurisdiction where the contract was formed and the court interpreting the contract.
If Ms. Bertone were to succeed in her breach of contract action, the potential damages that might be available are the lost wages and benefits she would have received if she had taken the job and the costs of finding a new job, such as employment agency fees, moving costs, and lost income from the time she spent looking for a new job. Additionally, if the court finds that the school district acted in bad faith, then Ms. Bertone might also be awarded for emotional distress damages.What is contract breach?In general, a valid contract requires an offer, acceptance, and consideration. In this case, the School District made an offer of employment with a stipulation that it would be in effect until the 15th of the month. Ms. Bertone accepted the offer by signing the contract and indicating her acceptance in a letter, and turning down another job offer.
However, Ms. Bertone also made a material alteration to the contract by increasing the salary, which could be considered a counteroffer, and the School District had not accepted that.
It is important to note that this scenario is based on common law principles, but each jurisdiction has its own laws and regulations that apply to contract disputes. Additionally, this scenario is based on the limited information provided and a court would have to examine all the facts and evidence to make a final determination.
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Which of the following is a structural barrier to political participation enforced in certain states today?
a) Voter ID Laws
b) Poll taxes
c) Party-line voting
d) Literacy tests
The correct option is (A) which is voter ID laws.
Voter-Id laws demand some kind of identification before allowing someone to cast a ballot or vote in an election. It is intended to safeguard elections and stop voter fraud, but it is debatable whether this is the real purpose behind the policy's implementation.
Before casting a ballot, voters should be able to demonstrate their identity; but, the burden of evidence cannot prevent qualified voters from exercising their rights. Unfortunately, many states have passed legislation requiring certain government-issued photo IDs, such as a state driver's license with a current address, a passport, or a military ID, to vote or are crafting laws that will do so.
Voter IDs are typically expensive and time-consuming to obtain, and disproportionately, eligible voters without photo IDs are individuals of color or those with low incomes. As previously mentioned, voters of color are severely harmed by these laws, as are transgender and gender-nonconforming people, young voters, the elderly, and those with disabilities.
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when assessing whether an agency action was arbitrary or capricious, courts generally look at several factors, including whether the agency failed to provide a select explanation for its decision; changed its prior policy without select ; considered legally select factors; failed to consider a select fact; or made a decision select to the evidence
When assessing whether an agency action was arbitrary or capricious, courts generally look at several factors, including whether the agency failed to provide a rational, explanation for its decision; changed its prior policy without justification ; considered legally inappropriate factors; failed to consider a relevant fact; or made a decision contrary to the evidence.
The blanks in the given statement are to be filled with the words, rational, justification, inappropriate, relevant, contrary.
Thus the corrected paragraph stands as "When assessing whether an agency action was arbitrary or capricious, courts generally look at several factors including whether the agency failed to provide a rational, explanation for its decision; changed its prior policy without justification, ; considered legally inappropriate, factors; failed to consider a relevant fact; or made a decision to the contrary evidence.
Arbitrary refers to a judge's decision in a court matter that is not based on a just application of the law but rather on the judge's personal judgement.
For instance, it would be arbitrary to declare someone guilty of a crime merely due to the presence of a beard or other sign of clothing that connotes some religious affiliation.
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To get full credit for your political discussions, what must you do?
A wide range of actions that people engage in as part of political involvement allow them to form and express their ideas about the world and its governance as well as attempt to influence the decisions that have an impact on their life.
What is politics?Politics is a category of activities that are related to group decision-making or other types of power dynamics between people, such as the allocation of resources or status. Political science is the name of the area of social science that focuses on politics and governance.
.
It can be used favorably to refer to a "political solution" that is reasonable and nonviolent, or it can be used negatively to refer to "the art or science of governing."
The term has been defined in a number of ways, and diverse methods have fundamentally different ideas about how broadly or narrowly, empirically or normatively, and how important conflict or cooperation is to the concept.
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What are the issues regarding the Griffin v. State case?
The trial judge misused his discretion by allowing the pages purportedly printed from Barber's Myspace profile as evidence, according to the appellate court, because they were not authenticated in accordance with Maryland law.
What is trial judge?A court with original jurisdiction where trials are conducted is known as a trial court or court of first instance. Higher courts with the ability of appellate review typically hear appeals from the judgments of trial courts.
The majority of appellate courts only make decisions regarding legal issues and lack the power to hear witness or accept evidence.
Evidence and testimony are allowed in the trial court in accordance with the procedural legislation that applies and the rules of evidence, and conclusions known as findings of fact are reached based on the evidence.
Based on the relevant law, the court, which is presided over by one or more judges, renders findings of fact.
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In most states, each party has a certain number of _____ challenges during the jury selection process.
In most states, each party has a certain number of peremptory challenges during the jury selection process.
A peremptory challenge is one of the few jury challenges each party was granted prior to trial.
The right of peremptory challenge is a right in jury selection that allows the attorneys to reject a certain number of potential jurors without providing a reason.
Unless the opposing party makes a prima facie case that this challenge was used to discriminate on the basis of race, ethnicity, or sex,
Other prospective jurors may be objected to for cause, that is, by stating a valid reason why they might not be able to render a fair decision, but the presiding judge will evaluate the objection and may reject it.
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fill in the blank. the political system in the united states is a(n)___, a type of democracy in which citizens elect individuals to serve as bridges between themselves and the government. group of answer choices independent involvement democracy direct participatory democracy representative democracy symbolic democracy
Political system in the united states is a Representative democracy is a type of democracy in which citizens elect individuals to serve as bridges between themselves and the government
This allows citizens to have a say-so in the opinions that affect their lives without having to directly share in the decision- making process. The representatives that are tagged are islands between the citizens and the government, allowing the citizens to be heard without having to make the opinions themselves.
This form of republic also allows for further people to be involved in the decision- making process, as representatives are tagged from different areas and represent different interests. Representative republic allows for further voices to be heard and for citizens to be empowered to have a say-so in the opinions that impact their lives.
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you may not park within how many feet of a stop sign?
It's illegal to situate your vehicle within 30 feet of a stop sign in the United States.
This is to insure that motorists passing through the crossroad have an acceptable view of the sign so that they can take action to stop when necessary. This also ensures that motorists have a clear view of the road before entering the crossroad. also, buses that are too close to the stop sign can obscure the view that other motorists have of the sign, which can lead to collisions or other dangerous situations. For these reasons,
it's important to make sure that your vehicle is situated at least 30 feet down from the stop sign when you situate to insure the safety of yourself and other motorists on the road.
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Helena, the purchasing agent for Cassadine Inc., contacts five different suppliers to obtain price quotes for office supplies she needs to order. The price for the identical office supplies ranges from a high of $855 to a low of $500, including shipping and handling charges. As purchasing agent, Helena has complete autonomy on selecting suppliers and on placing orders up to $5,000; before placing orders in excess of $5,000, she must get signed authorization from the company’s comptroller.
A. If Helena purchases the supplies from the most expensive supplier because she is angry at her employer for turning down her recent request for a raise, what duty of an agent has she breached? What are Cassadine’s remedies?
B. Helena purchases a $20,000 computer system from Alpha Inc., a dealer she has never ordered from, but who knows Helena is the purchasing agent for Cassadine. If Cassadine refuses to accept the system when it arrives, what argument will Alpha make for Cassadine’s liability? What will be Cassadine’s defense?
Answer:
A. If Helena purchases the supplies from the most expensive supplier because she is angry at her employer for turning down her recent request for a raise, she would be in breach of her duty of loyalty as an agent. Under agency law, agents are required to act in the best interests of the principal, and to make decisions that are not influenced by personal interests or emotions. In this case, Helena's decision to purchase from the most expensive supplier is not in the best interest of Cassadine, as it would result in additional costs, and is influenced by her personal feelings.
Cassadine's remedy would be to seek damages from Helena for any additional costs incurred as a result of her breach of duty. They can also terminate her agency agreement and seek legal action against her.
B. In this case, Alpha Inc. will argue that Cassadine is liable for the purchase as Helena, as the purchasing agent for Cassadine, had the apparent authority to make the purchase. Apparent authority is a legal concept that arises when a principal, through its conduct, causes a third party to reasonably believe that an agent has the authority to act on its behalf. Additionally, Alpha may also argue that Cassadine should have known that Helena had the authority to make the purchase and that the company should have provided clearer guidelines or instructions on how to place orders.
Cassadine's defense would be that Helena exceeded her actual authority as a purchasing agent by purchasing a computer system that exceeded the $5,000 limit without obtaining signed authorization from the comptroller. Additionally, Cassadine could argue that they did not have an established business relationship with Alpha Inc. and that they did not intend to enter into a contract with them, thereby claiming that there was no apparent authority.
"This answer provides an in-depth legal analysis of the situation and cites relevant legal principles such as the duty of loyalty of an agent, the concept of actual and apparent authority, and the principle of contractual liability. It provides a comprehensive understanding of the legal issues at play and would be appropriate for a law student or a legal professional".
Two owners have agreed to disagree. They own property together but cannot decide how to divide the profits after the sale. In this situation, one owner will have to go to court in
A.) a dedication
B.) a partition proceeding
C.) a condemnation suit
D.) an action to quiet title
The right response is B.) a partition process.
When two property owners cannot agree on how to divide the proceeds of the sale, one of the owners may need to file a partition petition with the court.
When co-owners are unable to come to an agreement on how to divide the property voluntarily, a partition procedure is a legal action in which the court directs the division or sale of the jointly owned property.
To divide the property fairly and equally so that each owner can receive their fair share of the selling proceeds, a partition process is necessary.
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The text points out that structural theories of crime fail to explain why females in poor urban
areas have lower crime and delinquency rates than males in those same areas. Based on your own subjective experience and knowledge of differences between males and females why does this happen? What are the limitations to this theory?Please be aware of stereotypes and avoid using them.
In this A-Level Sociology revision, the major structural theories, including functionalism, Marxism, and the majority of feminisms, are introduced.
Explain the structural theories like functionalism, Marxism and feminisms?Marxists analyze the role of education by focusing on how it fulfils distinct purposes for different social classes, while functionalists offer a very generic interpretation that only considers how it helps to maintain social order.Marxism and functionalism are both macro-sociological, structural theories, which is one similarity between them. This indicates that both of them emphasize the significance of social organisations and structures and that they both view society as a whole and believe that society is made up of more than the individuals who live within it.The expansion of feminism into theoretical, fictional, or philosophical discourse is known as feminist theory. It seeks to comprehend how gender disparity functions.Learn more about structural theories refer to ;
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the u.s. supreme court ruled that law distinguishes among automobiles, homes, and persons in questions involving police searches in group of answer choices
In Carroll v. United States, the US Supreme Court decided that the law differs between cars, houses, and people when it comes to issues surrounding police searches. Here option D is the correct answer.
In the case of Carroll v. United States (1925), the Supreme Court ruled that the Fourth Amendment's protection against unreasonable searches and seizures applies differently to automobiles, homes, and persons.
The "automobile exemption" to the warrant requirement was created by the Court and permits police officers to search a car without a warrant if they have reason to think the vehicle contains illegal substances or evidence of a crime.
The Court reasoned that the mobility of automobiles and the lesser expectation of privacy in them compared to a home or a person justified this exception. This ruling has been applied and extended in subsequent cases, and it is still a valid principle of Fourth Amendment jurisprudence today.
Complete question:
The u.s. supreme court ruled that the law distinguishes among automobiles, homes, and persons in questions involving police searches in group of answer choices
A - Marbury v. Madison
B - McCulloch v. Maryland
C - Gideon v. Wainwright
D - Carroll v. United States
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Therefore option D is the correct choice.
In Carroll v. United States, the US Supreme Court held that when it comes to matters involving police searches, the law distinguishes between automobiles, residences, and individuals.
The Supreme Court determined in Carroll v. United States (1925) that the Fourth Amendment's prohibition on unwarranted searches and seizures differs for people, residences, and vehicles.
The "automobile exception" to the warrant rule was established by the Court and allows police to search a car without obtaining one if they have grounds to believe it contains prohibited drugs or evidence of a crime.
The Court concluded that this exemption was appropriate because of the mobility of cars and the lower expectation of privacy in them as opposed to a house or a person. This decision has been used and expanded upon in later instances, and it is still a tenet of Fourth Amendment law at this time.
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Note: The correct question would be as bellow,
Complete question:
The u.s. supreme court ruled that the law distinguishes among automobiles, homes, and persons in questions involving police searches in group of answer choices
A - Marbury v. Madison
B - McCulloch v. Maryland
C - Gideon v. Wainwright
D - Carroll v. United States
On the way home from the hospital after having minor outpatient surgery, Magenta Katz stopped at an upscale electronics store. She was still groggy from both the anesthesia and powerful pain medication given to her during the procedure.
While in the store, Ms. Katz negotiates with a salesperson for the purchase and sale of an in-home entertainment system. Ms. Katz mentions the surgery to the salesperson, but the salesperson does not take note of Ms. Katz's condition. The system that Ms. Katz ultimately decided upon is a top-of-the-line entertainment system with state-of-the-art viewing features and surround sound, at a cost of $18,000.00. With a personal check, Ms. Katz pays the salesperson 50% of the cost, with the remainder to be paid following installation. The transaction is reflected in appropriate contract documents and invoices and complies with all federal, state, and local regulations regarding the sale. All documentation is signed by both parties. The next day, Ms. Katz receives a call from the store to schedule the installation. Unfortunately, Ms. Katz does not really remember purchasing the entertainment system. Upon reviewing the transaction documents found on her kitchen table, Ms. Katz determines she is unable to afford such an expense and desires to cancel the contract. The contract itself has no cancellation provision. Is this contract valid, void, or voidable? Fully explain your answer, defining all legal terms.
After posting, respond to two classmates. In each response, agree or disagree with the conclusions offered and explain your support for that agreement or disagreement. Provide sources where appropriate.
The contract for the in-home entertainment system between Ms. Katz and the electronics store is voidable.
A contract is valid if it meets certain criteria, such as mutual assent, consideration, legality of purpose, and capacity to contract. In this scenario, it appears that the contract meets all of these criteria.
However, Ms. Katz's condition at the time of the transaction, still groggy from anesthesia and powerful pain medication, may have impaired her ability to understand the nature and consequences of the contract. Therefore, her ability to contract, or capacity, is questionable.
What is the contract about?A voidable contract is one that is valid, but one party has the option to either enforce or cancel the contract due to certain circumstances, such as fraud, misrepresentation, undue influence, or incapacity. In this case, Ms. Katz's incapacity, due to her condition, may give her the right to cancel the contract.
It is important to note that in some jurisdiction, the law of "Unconscionability" applies, Which is a legal doctrine that refers to a contract or provision that is so one-sided that it is oppressive and therefore unenforceable.
Therefore, Ms. Katz should seek legal advice to know her rights and options in this situation. The store should also be notified of her decision to cancel the contract and should return her check
Sources:
-https://www.law.cornell.edu/wex/voidable_contract
-https://www.investopedia.com/terms/u/unconscionable-contract.asp
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Under the Uniform Securities Act, an agent may engage in which of the following transactions?
A. Effecting transactions in a State where he is not registered, but where the broker-dealer is registered
B. Effecting transactions in a State where the broker-dealer is not registered, but where he is registered
C. Performing investment advisory services for customers as long as they are solely incidental to his work as a broker and no fees are charged
D. Soliciting orders for non-exempt unregistered securities if he is registered in the State
Under the Uniform Securities Act, an agent may engage in Effecting transactions in a State where he is not registered, but where the broker-dealer is registered.
The correct answer is option A.
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.
The possibility of redundancy is one of the problems of regulating securities at two separate levels of government.
The jurisdiction and responsibilities of state and federal authorities in addressing securities fraud are outlined in the Uniform Securities Act.
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the act of giving government jobs to political supporters is called
label these examples as either instances of representative or direct democracy.
Representative democracy: A state legislature approves a significant bill that is backed by the majority of the populace. Direct democracy: After a referendum, a state constitution is changed.
A legislator is a body that has the power to enact laws for a political unit, such as a nation or city. The executive and judicial branches of government are frequently compared with them. Usually referred to as primary legislation, laws passed by legislatures. Furthermore, legislatures have the power to oversee and direct governmental operations and change the budget at issue. Legislators are those who make up a legislative body. While indirect election and appointment by the executive are frequently employed, especially for bicameral legislatures with an upper house, popular election is the most common method for electing legislators in democracies. Governmental entity that enacts laws is known as a legislature. As two examples of legislatures, consider the US Congress and the British Parliament.
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you can make car/pedestrian crashes less likely if you are which of the following? the driver the pedestrian either the driver or the pedestrian
If you are either the the driver or the pedestrian, you are less likely to make crashes.
The correct answer is option C.
Some of the safety tips for Pedestrians are:
If possible, use the walkways.If there is no sidewalk, go as far from the road as you can while facing it.At junctions or crosswalks, cross the street. Observe all traffic, especially vehicles making left or right turns.Find a well-lit spot with the best visibility of traffic if a crosswalk or intersection is not present.Some of the safety tips for Drivers are:
When turning into a crosswalk or otherwise entering one, go more slowly and be ready to stop.Give way to people crossing at crosswalks and stop far enough away to allow other motorists to observe the pedestrians and stop as well.Never go around a car that is stopped at a crosswalk.To know more about driving safety rules, click here:
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the county trial courts are courts of jurisdiction.? appellate original review special
The county trial courts are courts of original jurisdiction.
The correct option is B.
The competence of a court to hear and rule on a case prior to any appellate review is called its Original Jurisdiction.
Original jurisdiction is a requirement for a trial court to hear certain sorts of matters.
The law's definition of the Court's original jurisdiction is found in 28 U.S.C. 1251.
According to Section 1251(a), the Court's jurisdiction over one form of issue (disputes between states) is not only "original," but also exclusive.
In other words, only the Supreme Court has the power to exercise jurisdiction under the Constitution if the parties are unable to reach a resolution.
Several minor but significant categories of cases are under the Supreme Court's "original jurisdiction."
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