The federal court must use the state's procedures for the choice of law in a diversity case.
The federal court, in this case, is in State A. In accordance with the conventional method of choosing the applicable law, the court would impose State B's legal system on the parties. The recent practice, meanwhile, is to use the law of the state that has the closest connection to the complaint. The jeweler in this instance is from State A, the importer could or might not be from State A, and the accident took place in State B.
The jeweler has no legal basis for a claim under State B tort law; State B is simply connected to the accident's location. On the other hand, because the jeweler is from State A, State A has a major connection to the action and the jeweler has a strong claim under State A's tort law. As a result, State A's tort law should be applied by the federal court in State A.
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who was the african american who served as a supreme court justice?
Answer:
Thurgood Marshall
Explanation:
true/false. death is a dignitary who, when he comes announced, is to be received with formal manifestations of respect, even by those most familiar with him. in the code of military etiquette silence and fixity are forms of deference
True. Even even those who are most familiar with him, death is a dignitary who should be welcomed with ceremonial displays of respect when he is announced.
Silence and rigidity are examples of deference in the military's code of conduct. The majority of "An Occurrence at Owl Creek Bridge" maintains a steady tone, but there are a few instances, like this passage from the story's second paragraph, where the tone briefly changes.
The Union soldiers are preparing for Farquhar's hanging in a silent and formal manner until this quotation, which illustrates Bierce's love of aphorisms and epigrams, is said. There is a ceremonial quality to the ceremony, and the soldiers take their roles seriously. Their silent attention, says Bierce.
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Why is the spirit of the law more important than the letter?
The spirit of law is considered to be more important than the letter itself because the social norms tend to reflect only the consensus of the society, and further reflect on expanding the spirit of law.
The spirit of law can be referred to or taken into consideration as the one wherein the is generally interpreted as the actual interpretation of law. It is typically taken into understanding that the spirit of law holds much higher importance than that of the letter of law. This is because the spirit of law reflects about the social consensus.
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Nor does this conclusion by any means suppose a superiority of the judicial to the legislative power. It only supposes that the power of the people is superior to both; and that where the will of the legislature, declared in its statutes, stands in opposition to that of the people, declared in the Constitution, the judges ought to be governed by the latter rather than the former. They ought to regulate their decisions by the fundamental laws, rather than by those which are not fundamental." According to Hamilton, who should be the keeper of the constitutional conscience?
According to Hamilton, the judges should be the keepers of the constitutional conscience because he believed that the Constitution is the supreme law of the land and that it is the judiciary's responsibility to interpret and apply the Constitution in a manner consistent with its original meaning and intent.
Hence the correct answer is Judges.
Hamilton believed that judges should uphold the fundamental laws embodied in the Constitution rather than the laws created by the legislature that are not fundamental. This would require judges to interpret and apply the Constitution to resolve conflicts between government branches and ensure that the government operates within the bounds of the Constitution.
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what is the strawman
The strawman is a type of logical fallacy or argumentative technique in which an individual misrepresents or distorts an opponent's argument in order to easily attack and discredit it. This is done by creating a "strawman," or a false version of the opponent's argument, that is easier to refute than the actual argument.
The strawman fallacy is often used in debates and discussions as a way to undermine an opponent's position without actually addressing their argument. It is important to be aware of the strawman fallacy in order to avoid using it and to recognize when it is being used against you.
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even if it conflicts with the u.s. constitution, a state constitution is supreme within that state’s borders.
The main source of law is a constitution. A state constitution is supreme inside the boundaries of that state, even if it clashes with the U.S. Constitution. The foundation of all American law is the U.S. Constitution. An issue that exclusively affects the local governing unit is typically the subject of a local ordinance.
So long as it does not clash with the United States Constitution or a federal statute, a state constitution is supreme inside the state's borders. All states, even those where the laws have not yet been established, must abide by uniform laws.
The Supremacy Clause of the United States Constitution states that the Constitution, federal laws established in accordance with it, and treaties made in accordance with it are supreme.
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during the plessy vs ferguson case, what law did plessy claim was violated and why?
In the landmark U.S. Supreme Court case of Plessy v. Ferguson (1896), the defendant, Homer Plessy, claimed that the "Separate Car Act" of Louisiana violated the Thirteenth and Fourteenth Amendments of the U.S. Constitution.
What is Plessy vs Ferguson Law?A significant US Supreme Court case known as "Plessy v. Ferguson" was resolved in 1896. Homer Plessy, an African American man, was in the spotlight of the case after being detained in Louisiana for refusing to board a train in the "colored section." Plessy claimed that a Louisiana statute enforcing racial segregation on public transportation violated the 13th and 14th Amendments to the United States Constitution.
While the 14th Amendment ensured equal protection under the law, the 13th Amendment outlawed slavery and involuntary servitude. African Americans were placed in an inferior status by the segregation statute, according to Plessy, making it discriminatory.
The Supreme Court of the United States overturned Plessy, declaring that "separate but equal" facilities for various races were legal as long as they were of comparable quality. The "Jim Crow" regulations that would be implemented throughout the South over the following several decades were based on this judgment, which effectively legalized segregation.
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what is the date of presidential inauguration ceremonies?
Inauguration Day takes place every four years on January 20th that follows a presidential election year.
The inauguration of the president of the United States is a ceremony to mark the commencement of a new four-year term of the President of the United States. During this ceremony, between 73 to 79 days after the presidential election, the president takes the presidential oath of office. The inauguration takes place for each new presidential term, even if the president is continuing in office for a second term. The first inauguration of George Washington took place on April 30, 1789. All subsequent public inaugurations from 1793 until 1933 were held on March 4, except in 1821, 1849, 1877, and 1917, when March 4 fell on Sundays and the public inauguration ceremony took place on Monday, March 5. Since 1937, it has taken place at noon EST on January 20, the first day of the new term, except in 1957, 1985, and 2013, when January 20 fell on a Sunday. In those years, the presidential oath of office was administered on that day privately and then again in a public ceremony the next day, on Monday, January 21. The most recent presidential inauguration was held on January 20, 2021, when Joe Biden assumed office.
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which of the following types of political boundaries best describe the border between the united states and canada? responses relict relict militarized militarized geometric geometric open open gerrymandered
A concept is a Political boundary, an imaginary line dividing a political entity. It's option C, geometric.
A political boundary is an imaginary line that separates one political entity, such as a country or state, from another. Sometimes they follow a natural geographical feature such as a river to form a border or barrier between nations.
Sometimes two countries can argue about a certain border. A geometric boundary is a political boundary that takes on a clear and sharp geometric shape.
The advantage of geometric boundaries is that they are easy to mark on a map and easy to understand. However, they are often criticized for failing to recognize the pre-existing ethnic and cultural differences between people on both sides of the border.
Questions:
Which of the following types of political borders best describes the border between the United States and Canada?
A. Relict
B. Militarized
C. Geometric
D. Open
E. Gerrymandered
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which level of government has the most power in a confederation?
In a country where confederacy is the standard method of national operations, the state governments tend to hold the highest power and authorities.
The state governments are easily understandable as the governments that tend to operate only within the jurisdiction of their individual capacities. They can never interfere in the operations of the other states. In confederacy, the state governments hold a higher authority, whereas, the national governments are secondary in terms of holding the powers.
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which of these assumptions are made in the rational model of decision making?
As per the given choices of alternatives, it is to be assumed that the manager being able to make decisions based on logic leaving behind prejudices and the emotional blind sports is an assumption in the rational model of making a decision. Therefore, the option B holds true.
The rational model of arriving at any decision is a quintessential part of arriving at fair and effective decisions within an organizational environment. Moreover, the managers are given the responsibility to assume themselves in a position wherein they are following logic, and no importance is given to their individual prejudices or emotions.
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Complete question
Which of these assumptions are made in the rational model of decision making?a. Managers have complete, error-free information about alternative courses of action and their consequences.b. Managers are able to make logical decisions without prejudice or emotional blind spots.c. Managers will always select the course of action that they know will most benefit the organization.
What is discretion in the law?
The exercise of judgment by a judge or court is referred to as "judicial discretion" in Black's Law Dictionary.
What is meant by discretion of the court?A judge's ability to decide based on their unique assessment and the fundamentals of the law is referred to as their judicial discretion. Courts have a great deal of power thanks to judicial discretion, which is used when the legislature permits it.
For instance, courts in Ohio may grant a fresh trial based on their "sound discretion" under Rule 59 of the state's civil procedural laws.
In criminal law, certain parts of the penal code, such as California's penal code 17(c), may provide judges the freedom to choose from a variety of penalties for certain offences. Because each case is unique
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does this experiment demonstrate the law of conservation of mass was formulated by lavoisier? explain your answer.
It is difficult to provide a definitive answer without having to know the specific experiment visitors are making reference to. I can, however, provide some background on the law of conservation of mass as well as Lavoisier's contributions to that too.
The law of conservation of mass would be a fundamental chemistry principle that stipulates that the mass of a closed system stays unchanged regardless of just about any chemical as well as physical modifications that take place within it. The latter means that even in chemical reactions, atoms are also not created and destroyed destroyed; rather, they are reorganized into different substances.
As a result, it's possible that the experiment you're referring to was one of Lavoisier's experiments demonstrating the law of conservation of mass. However, it is impossible to know for certain but without further information about just the specific experiment.
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a party that wants the supreme court to review a lower court ruling must?
The party must file a petition for a writ of certiorari, in order for the supreme court to review a lower court ruling .
Writ of certiorari is a formal request asking the supreme court to hear their case. The party needs to demonstrate why their case meets the court's criteria for review. The court must decide whether to grant a writ of certiorari and will not do so merely because a party disagrees with the lower court's decision.
The primary criteria for review include whether the issue is a federal question and if the lower court decision conflicts with another court's interpretation of the law. Additionally, the court may consider whether the issue is of " national importance" or if the lower court decision conflicts with a prior decision from the supreme court. the court may also consider other factors, such as if the petitioner has been denied the opportunity to present their case in the lower court when filing the petioton.
The party must provide copies of the lower court decision, any relevant briefs, and records and a statement of reasons why the court should review the lower court decision
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Within their own borders, states operate as ______ systems.
a. confederal
b. federal
c. unitary
d. representative
For the choices that have been provided as alternatives, it may be said that the state governments operate as unitary systems within their own boundaries. Therefore, the option C holds true.
The state governments can be said as the authorities that have substantial control over the operations that happen to take place within the jurisdiction of their respective boundaries. The political system of the United States has been formed in such a way that the state governments are seen to operate as the unitary bodies.
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temporarily settled the national debate over whether new states would permit or prohibit slavery?
The issue of whether new states would allow or forbid slavery was briefly resolved by the Compromise of 1850.now, it's a very touchy and divisive subject, and there are still attempts being made to address its
Slavery is the practise of holding individuals against their will in servitude and treating them like property, frequently for the purpose of forced labour. Slavery has been practised in many different ways throughout history and among various cultures, but the transatlantic slave trade, which between the 16th and 19th centuries forcibly transported millions of Africans to the Americas and the Caribbean, is perhaps the most well-known and well-documented instance of slavery. On the lives and societies of enslaved individuals, their descendants, and the larger communities in which slavery was practised, slavery has had severe and enduring repercussions. Even now, it's a very touchy and divisive subject, and there are still attempts being made to address its legacy
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The consolidated omnibus budget reconciliation act, which requires continued health insurance coverage (paid by the employee) following termination, is more commonly known as . O HIPAAO COBRAO OSHAO ADEA
The consolidated omnibus budget reconciliation act, which requires continued health insurance coverage following termination is known as COBRA.
COBRA requires employers with 20 or more employees to offer employees and their families the opportunity to continue their group health insurance coverage for a limited time after certain qualifying events, such as job loss, reduction in work hours, divorce, or death of the covered employee.
The employee is responsible for paying the full cost of the coverage, including the portion that the employer previously paid. The purpose of COBRA is to provide temporary insurance coverage for individuals who would otherwise lose their health insurance due to a qualifying event.
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Decisions of the ________ are final unless a question of law is involved that is appealable to the U.S. Supreme Court.A) courts of appealsB)courts of recordsC) highest state courtsD) general
Decisions of the highest state courts are final unless a question of law is involved that is appealable to the U.S. Supreme Court.
Courts established in the jurisdiction of the state to view matters in the state as the highest authority is known as the highest state court. These courts address the matters of the state which comes under the jurisdiction of the state laws, the decision of higher state courts can be evaluated by the Supreme Court of United States when a question of law or Constitutionality arises until then the higher state courts are the highest court of appeal for the member of the states. It exercises the power of state legislature in the form the laws framed by the state for its people.
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authoritarian governments have ______person or a ________ people in charge.
Authoritarian governments have a single person or a group of people people in charge.
In an authoritarian government, the political system concentrates its power in the hands of a single government or a elite group of people, who are not responsible to the common people. In an authoritarian government the leaders usually uses its powers arbitrarily with complete disregard of the laws of the land and interest of the common people. Authoritarian government is a blind submission of powers on a leader, defying individual freedom of thought and action. The concept of election or democracy to select leader is widely unpopular, there are usually no particular set of rules or laws under an authoritarian government. Military dictatorship is commonly considered as a prominent example of such a government.
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what are the marine corps general orders?
The general orders made by the Marine Corps are in the sense of reporting the violation of order to be instructed and enforced upon in that sense.
The general orders may be ideally taken interpretation for better understanding as the orders that can be made by the authorities under the general capacities in all conditions and situations related thereto. It is noteworthy to mention that the general orders and special orders are completely in contrast to each other.
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FILL IN THE BLANK. The _____________Association is a professional association that focuses on auditing, control, and security and whose membership comprises both technical and managerial professionals.
Answer:
Information Systems Audit and Control or ISACA
Explanation:
Hope it helps:)
sergei is a broker who represents a seller under a listing agreement. he has heard rumors that the house was used in a high-profile series of crimes in the area involving drug sales, prostitution, and gambling more than 20 years ago. the house has been bought and sold several times through the years, and the current owner has no idea whether the rumor is true although he has asked sergei not disclose any alleged criminal activity, even if sergei finds out its true. which of following statements best describes whether sergei is required to disclose the criminal activity to potential buyers?
Sergei may be legally required to disclose the criminal activity to potential buyers, depending on the laws in his jurisdiction and the terms of his listing agreement.
In general, real estate brokers have a duty to disclose material facts that could affect a buyer's decision to purchase a property. Material facts are those that a reasonable buyer would want to know before making an offer on a property, and they can include information about the property's condition, history, or legal status.
If the rumors about the criminal activity in the house are true, this information could be considered a material fact that should be disclosed to potential buyers. Failure to disclose this information could potentially expose Sergei and the seller to legal liability, and could result in the sale being voided or rescinded.
However, the specific laws and regulations governing disclosure requirements can vary by jurisdiction, so Sergei should consult with a real estate attorney or other qualified professional to determine his obligations in this situation.
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A heavily armed robber took two hostages at a bank when the police arrived. Witnesses told the police that the robber was a white male of average build wearing a bright yellow scarf around his neck, but they were otherwise vague as to his description. As the standoff continued, the robber made one hostage put on the bright yellow scarf that the robber had been wearing. The robber then pushed the other hostage out..., and the sharpshooter fired and the bullet killed the man instantly. The robber is arrested and prosecuted for felony murder of the hostage shot by the police. The jurisdiction does not follow the "agency theory" of liability
The robber is rightly arrested and prosecuted. He will be convicted because the robber had caused the death of the hostage by pushing him out, which is why he was killed during the course of the felony
The Agency Theory means that the agent works as an extension of the principal, as if the principal robber was present in that arrested situation and acting alone. Consequently, the principal is directly liable for the for the agent's wrongful acts.
However, in this case the hostage was not a principal of the robber which is why he will be convicted for the murder.
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a surfer from state a brought a diversity action against a hairdresser from state b in state b federal court. the surfer's single-count complaint sought damages for injuries he suffered from a car accident in state c when he was a passenger in the hairdresser's automobile. state c's guest statute provides a valid defense to the surfer's claim but neither state a nor state b has a guest statute.
ERIE STATE VS STATE HYPO Q, the doctrine used here is Erie doctrine in a federal court.
Eries state vs state HYPOQ, in a federal court, the doctrine applied was Erie doctrine.
The doctrine of Erie is based in the United States, it confines a federal state when confronted with the issue whether to use a federal law or state law in a lawsuit, it must apply state law statute on substantive law. The doctrine comes into existence when their is no specific mention of federal jurisdiction over the lawsuit filed, then the lawsuit follows the doctrine of Erie, It is the fundamental legal doctrine of all civil matters in the courts of United State.
Therefore, in the case where a surfer from state a brought a diversity action against a hairdresser from state b in federal court the court addresses the doctrine of Erie.
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The given question is incomplete, we did not find anywhere so the answer is in general form.
________is the tendency of politics to move to the extremes if the electoral system allows for multiple parties to be serious contenders for power.
Answer:
Polarization
Explanation:
"Polarization" is the tendency of politics to move to the extremes if the electoral system allows for multiple parties to be serious contenders for power. Polarization occurs when political parties and their supporters become more ideologically and emotionally divided and are less willing to compromise or work together. In a multi-party system, there may be more options for voters, but this can also lead to a fragmentation of the electorate and a lack of consensus. When there are multiple parties with differing views, it can be difficult to build coalitions or find common ground, which can result in a more polarized political environment.
IF you are involved in an injury accident In a city, you must_________
If you are involved in an injury accident In a city, you must immediately inform the local police.
If a person undergoes any accident or involved in any such accident one must notify the local police or call 911 to address the situation and report the incident to the police official. The police will help the injured and can inform the nearest hospital for any medical help if needed. Acting fast in such a situation by informing the incident with police can help the injured, you can take the information such as name and contact number of the official present on sight and can ask you to provide a copy of report filed. One should not run from the scene that may cause unnecessary consequences.
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does the dbpr allowing applicants for real estate licenses to be screened by the child support agency
The DBPR does not include option D: Publishing and selling a handbook on Real estate Licensing law.
The Department of Business and Professional Regulation (DBPR) is the organization in charge of issuing licenses to and overseeing the conduct of businesses and professionals in the State of Florida, including pari-mutuel wagering establishments, veterinarians, real estate agents, hotels, and restaurants. The DBPR includes allowing applicants for real estate licenses, submitting an annual budget to the Florida legislature. It also regulates training programs for the newly appointed members of the FREC. Thus, only option d is not included.
The mission of DBPR is to license effectively and fairly regulate, and it works hard to achieve this objective every day. The Department is administered by Chapter 120, Florida Statutes, and falls under the Governor's executive branch.
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Complete question is:
The Department of Business and Professional Regulation is part of the Florida state government, serving under the Executive branch. Its primary purpose is to act as a consumer protection agency. The department has several powers and duties. Which of the below does this not include?
Allowing applicants for real estate licenses to be screened by the child support agency.
Developing a training program for newly appointed members of the FREC.
Submitting an annual budget to the Florida legislature.
Publishing and selling a handbook on Real estate Licensing law.
Who’s better at defending criminals? Does type of defense attorney matter in terms of
producing favorable case outcomes
The effectiveness of a defense attorney in defending a criminal case can depend on several factors, including the attorney's experience, skills, and knowledge of the law. It is difficult to generalize about which type of defense attorney is better.
There are some distinctions between types of defense attorneys that may be relevant to the outcome of a case.
For example, public defenders and court-appointed attorneys are often assigned to clients who cannot afford to hire a private attorney. While public defenders and court-appointed attorneys may be highly skilled and experienced, they may also have heavy caseloads and limited resources to devote to individual cases, which could impact their ability to mount an effective defense.
On the other hand, private defense attorneys may have more time and resources to devote to individual cases and may have more flexibility in choosing which cases to take on. However, the quality of private defense attorneys can vary widely, and some may lack experience or expertise in certain areas of criminal law.
Ultimately, the success of a defense attorney in producing favorable case outcomes depends on a variety of factors, including the strength of the evidence against the defendant, the specific charges involved, and the skill and experience of the prosecutor. Additionally, a positive outcome in a criminal case may not always mean a complete acquittal, but could also include reduced charges, shorter sentences, or other favorable outcomes.
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The criminal justice model describes the expectation of an efficient criminal justice system.
A. war-on-crime model
B. crime control model
C. justice model
D. due process
what kind of law deals with punishing and rehabilitating offenders
Answer:
Criminal law deals with punishing and rehabilitating offenders.