D. You get off easier if you admit to it
A woman sued her ex-husband for installments due under their divorce property settlement agreement. The ex-husband defended the suit on the ground that the ex-wife was in breach of the agreement. However, the court granted judgment for the ex-wife. Now, the ex-wife is suing her ex-husband for other installments due under the agreement. The ex-husband raises the defense that the agreement was void and illegal because of fraud perpetrated by his ex-wife at the time the agreement was signed. The ex-wife moves to strike her ex-husband's defense, claiming issue preclusion.
Should the court grant the motion?
In the court case given above, it is to be assumed that the court will ideally not grant the motion to the parties involved, because a litigation for the issue was not made by any of the parties related thereto.
A court case is subjected to be given motion by the judge only when the judge is of the opinion that the essentials of the case do have a strong reason to be fought in the court of law. Moreover, litigation of the essentials of the case is also an important prerequisite before the judge grants the motion in the court cases.
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A certiorari pool describes the
a.method used to appoint the chief justice.
b.nickname for the water fountain in the courtyard of the Supreme Court building.
c.computerized lottery system by which the Supreme Court selects its cases each year.
d.practice by which Supreme Court law clerks work together to evaluate each petition.
Certiorari pool refers to the computerized lottery system by which the Supreme Court of the United States selects the cases it will hear each year. Therefore the correct option is option C.
The certiorari pool is made up of legal clerks from each of the justices who screen the thousands of petitions filed each term and recommend which matters should be heard by the Court. The use of the certiorari pool has been criticised for lowering the number of cases heard by the Court and limiting the variety of problems presented for consideration.
The certiorari pool is a procedure utilised by the United States Supreme Court to help manage the huge number of certiorari petitions (requests for the Court to review a lower court decision) that are filed each year.
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Which of the following roles best describes the governor's role managing the state?chief executivechief of statechief legislatorcommander-in-chief
The governor serves as the state's manager, hence the title of (A) chief executive is most appropriate.
What is a chief executive?As defined by a constitution or fundamental law, the term "chief executive" refers to the president or prime minister who has the authority to select and dismiss executive officials, implement policy, and monitor the executive branch of government.
Every state has a governor who is appointed to lead the Executive Branch and is chosen by popular vote.
Other members of the executive branch who are directly elected in the majority of states include the lieutenant governor, attorney general, secretary of state, auditors, and commissioners.
The governor's position as state manager is best described as chief executive.
Therefore, the governor serves as the state's manager, hence the title of (A) chief executive is most appropriate.
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Correct question:
Which of the following roles best describes the governor's role in managing the state?
(A) chief executive
(B) chief of state
(C) chief legislator
(D) commander-in-chief
which of the following regulates who may practice by defining educational and experience criteria and by stating the conditions under which a license may be revoked?
The state licensing laws regulates who may practice by defining educational and experience criteria and by stating the conditions under which a license may be revoked.
State licensing laws means a law under which the bureau issue a license, registration or other authorization procedure to practice any occupation or profession or services. Theory of license has its origins in antiquity and derivative of the authority of the sovereign, it gives the power to maintain balance by constitutional protection of federal state. Licensing requires careful legislation and administrative regulations to ensure their control upon the rights guaranteed, these powers are exercised by the federal government in United States by state and local authorities. While the regulation of corporate activities is primarily in control of the federal government under the commerce clause.
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true/false. georgia is at a crowded carnival. as she's trying to get to the corn dog stand, someone in the crowd accidentally pushes and into another carnival-goer, causing that carnival-goer to get a black eye. georgia is guilty of the tort of assault.
It is false to say that if georgia is at a crowded carnival. as she's trying to get to the corn dog stand, someone in the crowd accidentally pushes and into another carnival-goer, causing that carnival-goer to get a black eye,then georgia is guilty of the tort of assault.
In common law, assault(tort) is the misdeed of acting purposefully, that is with one or the other general or explicit goal, causing the sensible dread of a prompt unsafe or hostile contact. Assault requires aim, it is viewed as a deliberate misdeed, rather than a misdeed of carelessness. Real capacity to complete the captured contact isn't necessary. 'The lead illegal by this misdeed is a demonstration that compromises violence.'
In criminal regulation an assault is characterized as an endeavor to perpetrate battery, requiring the particular expectation to cause actual injury.As recognized from battery, assault doesn't have to include the 'undesirable actual contact; yet is the expectation of such contact'. It simply needs aim to connect and the subsequent apprehension. At a certain point, the precedent-based regulation comprehension of assault required more than words alone, it likewise required a clear demonstration.
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hich of the following states the principle of "popular sovereignty?"
The statement that states the principle of popular sovereignty is option b. The settlers in a given territory have the sole right to decide whether or not slavery will be permitted.
The principle of popular sovereignty was a controversial doctrine that was based on the idea that the people of the United States are free and sovereign citizens and are self-governed. This meant that the government existed to serve the citizens and if the converse occurred, it should cease to exist.
This principle when extended to slavery created a very controversial issue. According to this doctrine, individual federal states and settlers had the right to decide the laws of slavery.
This was a very debatable law and was always brought up for debate whenever the USA expanded its territories. This law was meant to make the bypassing of the much controversial slavery issue for politicians but due to the difference in opinions between the North and Southern states of America, the doctrine only created more problems.
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Complete Question
1. Which of the following states the principle of "popular sovereignty"?
a. Congress has the right to decide where slavery shall and shall not exist.
b. The settlers in a given territory have the sole right to decide whether or not slavery will be permitted there.
c. Individual citizens can decide for themselves whether or not to hold slaves.
d. The American people shall decide where slavery will exist through a national plebiscite.
e. Individual states have the right to reject congressional decisions pertaining to slavery.
______ governments have plenary power, or power that is not constrained. a. Local b. State c. County d. Federal.
The state government has unrestricted power, or plenary power. The best choice is B.
How does a state government function?State governments have a legislative branch, an executive branch headed by a governor, as well as a judicial system, just like the federal government. These links will take you to pages for your local government, state courts, state law website, and state government and state court websites.
How do state and federal power differ?All 50 states are under the limited jurisdiction of the federal government. Within their state's borders, state governments get the authority to regulate. The ability of states to enact laws that clash with those of the national govt is another way in which state authority is constrained. Federalism.
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The way that power is sorted between a central government and lower governments is known as
O distribution of power
O public good
O evoluntionary theory
O institution
A plaintiff sued a company for damages incurred when the company's delivery truck drove through the plaintiff's storefront. The plaintiff wants to testify that the driver, a permanent employee of the company, told the plaintiff, "I kept telling my boss these brakes were on their last miles, but they were not fixed. They failed as I turned that corner." The company owns the truck.
Is the plaintiff's testimony regarding the truck driver's statements likely admissible?
No, because the testimony is hearsay not within any exception.
No, because there is no proof that the truck driver was authorized to speak for the company.
Yes, the testimony is admissible under a hearsay exception.
Yes, the testimony is admissible as non-hearsay.
The plaintiff's testimony regarding the truck driver's statements is likely admissible under a hearsay exception.
Hence, the correct option is C.
The driver's statement is an admission by a party-opponent, as the driver was a permanent employee of the company that owns the truck and was acting within the scope of their employment at the time of the accident. Therefore, the statement is considered an admission by the company, and can be offered against the company as an exception to the hearsay rule.
There are a number of exceptions to the hearsay rule, one of which is the "admission by a party-opponent" exception. This exception allows for the admission of a statement made by a party-opponent, regardless of whether the statement was made in court or out of court, as long as the statement was made by the party-opponent or someone authorized to speak on their behalf.
Of course, admissibility of evidence is ultimately up to the judge, who may decide that the statement is not reliable or relevant to the case.
But generally, the plaintiff's testimony regarding the truck driver's statement would be considered admissible under the admission by a party-opponent exception to the hearsay rule.
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what are the tools used to implement fiscal policy
The two main tools to implement fiscal policy are taxes and spending.
The government possesses two major fiscal tools for influencing the economy. These tools can be divided into spending tools and revenue tools. Spending tools refer to the overall government spending. On the other hand, revenue tools refer to taxes collected by the government. Fiscal policy is the governmental decision to increase or decrease taxation and spending. If the government is trying to spur consumer spending, it can decrease taxes which will increase extra cash with families, which the government hopes will in turn be spent on goods and services, thus spurring the economy as a whole.
Spending is used as a tool for fiscal policy to drive government money to specific sector needing an economic boost. which will result in extra cash and taxes, the government hopes that money will be spent on other goods and services.
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What is 28 usc 1391?
28 U.S.C. 1391 is a federal law that defines the venue for civil suits in federal court. It states that the proper venue for a federal civil case is a judicial district in which the claim arose, where the defendant resides, or in which a substantial part of the events or omissions giving rise to the claim occurred.
It is a section of the United States Code that outlines the rules for determining the proper venue for a civil action in federal court. The section includes three subsections that address the different types of civil actions that may be brought in federal court:
- Subsection (a) addresses actions involving federal question jurisdiction.
- Subsection (b) addresses actions involving diversity jurisdiction.
- Subsection (c) addresses actions involving alienage jurisdiction.
Each subsection provides specific criteria for determining the proper venue for a civil action. For example, subsection (a) states that a civil action arising under federal law may be brought in the judicial district where any defendant resides, if all defendants reside in the same state, or in the judicial district where a substantial part of the events or omissions giving rise to the claim occurred. Subsection (b) provides similar criteria for actions involving diversity jurisdiction, and subsection (c) provides criteria for actions involving alienage jurisdiction.
In general, 28 USC 1391 is designed to ensure that civil actions are brought in the most appropriate federal court, taking into account the convenience of the parties and witnesses, the interests of justice, and other relevant factors.
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if copyrighted material does not fall under fair use, can you use it? how?
If I want to use copyrighted material that does not fall under fair use,I will have to license it in order to get permission to post it.
Fair use is a convention in US regulation that licenses restricted utilization of copyrighted material without having to initially get consent from the copyright holder. Fair use is one of the limits to copyright expected to adjust the interests of copyright holders with the public premium in the more extensive conveyance and utilization of imaginative works by permitting as a safeguard to copyright encroachment guarantees specific restricted utilizes that could somehow be considered infringement.
Dissimilar to "fair managing" freedoms that exist in many nations with an English lawful history, the fair utilize right is an overall exemption that applies to various sorts of purposes with a wide range of works and turns on an adaptable proportionality test that looks at the reason for the utilization, the sum utilized, and the effect available of the first work.
To involve copyrighted material in a manner that doesn't fall under fair use, I will need to permit it to get consent to post it. In the event that you're keen on buying the freedoms to utilize pictures, video, and different media in your work, you might need to visit the accompanying stock photograph destinations
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What is the meaning of this Article 19 under the Universal Declaration of Human Rights everyone has the right to freedom of opinion and expression?
The Article 19 of the Universal Declaration of Human Rights states that each and every individual can openly carry their right to express themselves, and hold any opinion that they feel, as is seen under a democratic society.
The Human Rights is the most essential part of every constituency. The inclusion of articles of human rights becomes an indispensable aspect of the existence of any society. Under the same essence, freedom of opinion and expression is one of the human rights provided under the article 19 of Universal Declaration.
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What was the decision in US vs Nixon?
In the court case of the United States v Nixon, a unanimous decision was given by the Supreme Court against the favor of Richard Nixon, the then American President.
President Nixon has been heavily recognized as one of the most controversial presidents of the United States of America. During his tenure, he made a few scandals, for which a court case was also run in the Supreme Court.
Apart from all this, he was asked by the Supreme Court to deliver tape recordings and other critical evidences to the district court. In the verdict made by the court, it became a landmark decision.
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powers of the national government specifically stated in the constitution are called?
The powers that are in the hands of the federal government specifically stated in the United States' Constitution are also known as the enumerated powers.
The federal government, or the national government, holds the highest degree of powers, when it comes to governing the functions and political activities related to the purview of the entire nation as a whole. Moreover, it may also be stated that the enumerated powers are called as the authorities held under the jurisdiction of the national government.
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We would expect the interest rate on Bond A to be higher than the interest rate on Bond B if the two bonds have identical characteristics except that a. Bond A was issued by a financially weak corporation and Bond B was issued by a financially strong corporation. b. Bond A was issued by the Exxon Mobil Corporation and Bond B was issued by the state of New York.
The statement "Bond A was issued by a financially weak corporation and Bond B was issued by a financially strong corporation" is correct whereas the statement "Bond A was issued by the Exxon Mobil Corporation and Bond B was issued by the state of New York." is not necessarily true.
A financially weak corporation is more likely to default on its debt obligations, which makes its bonds riskier for investors. To compensate for this higher risk, the interest rate on Bond A would need to be higher than the interest rate on Bond B, which is issued by a financially strong corporation with a lower risk of default.
The interest rate on a bond is based on a variety of factors, including the creditworthiness of the issuer, the length of the bond's maturity, prevailing market interest rates, and the overall supply and demand for the bond. Therefore, we cannot say for certain that the interest rate on Bond A would be higher than the interest rate on Bond B based solely on the difference in issuers.
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what is the difference between an executive order and a law?
Executive order and a law are differentiated on the basis of its implementation.
An executive order is issued by either the President of the United States or the Governor of a state. From the President, the orders concern operation of the federal government. Governors often use them in matters related to public health. An executive order has the force of law, meaning there could be consequences for violating it. Issuing an executive order is also typically much faster than passing a law. A law requires congressional approval and can be repealed by congress, which is not the case with an executive order. A new order would have to be created to eliminate an executive order that is in place, and once the governor leaves office, the executive orders are deemed invalid. There are certain similarities also such as, both executive orders and laws may carry a punishment for violation. They are also both extensively documented and officially recorded. In the case of Presidential executive orders and federal laws, both of them fall under the Code of Federal Regulation, which is the official record of all federal rules and regulations.
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what is marine corps tattoo policy ?
The Marine Corps Tattoo Policy states that all permanent tattoos must not be "excessively offensive" and must not be visible while in any of the official Marine Corps uniforms. Marines may have a maximum of four tattoos, which must be smaller than the wearer's hand, below the elbow and/or knee, and above the neckline. For more detailed information, please refer to Marine Corps Order P1020.34F.
The Marine Corps tattoo policy is designed to balance the Marine Corps' high standards of professional military appearance and heritage with the personal desires of Marines. According to the policy, tattoos are allowed as long as they are not visible when wearing the standard physical training (PT) uniform, which consists of a green t-shirt and shorts. Additionally, tattoos are not allowed on the head, neck, or hands (except for a single band tattoo on one finger), and they cannot be larger than the size of the Marine's hand. Tattoos that are considered offensive, extremist, indecent, or sexist are also prohibited. Marines are required to document their tattoos and have them approved by their commanding officer. The policy is designed to ensure that Marines maintain a professional appearance and uphold the values and traditions of the Marine Corps.
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The text lists three concerns that led to the adoption of the first U.S. law regulating what we now call controlled substances. Which of these was NOT one of the three?
High profits for drug sellers are NOT one of the three concerns that led to the adoption of the first U.S. law regulating what we now call controlled substances.
The correct option is A.
By purview of the U.S. Constitution's commerce clause, the Harrison Narcotic Act of 1914 was proposed and approved as a way to control the production and distribution of opiate-containing substances.
The Harrison Narcotics Act of 1914, the Opium Poppy Control Act of 1942, and the Narcotic Drug Control Act of 1956 were significant pieces of American law throughout the 20th century.
The Pure Food and Drug Act of 1906 mandated that the contents and dose of a number of certain narcotics, including alcohol, cocaine, heroin, morphine, and cannabis, be appropriately labelled.
The older regulations governing the use of narcotics and other harmful drugs in the United States were replaced in 1970 by the Comprehensive Drug Abuse Prevention and Control Act, which also introduced the Controlled Substances Act (CSA).
The question is incomplete. The complete question is:
The text lists three concerns that led to the adoption of the first U.S. law regulating what we now call controlled substances. Which of these was NOT one of the three?
a. High profits for drug sellers
b. Monitors drug-related medical emergencies
c. Syringe exchange programs
d. Substance use disorders
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The Bill of Rights is a supremely important part of the Constitution. Identify the statements that describe its legacies.-It established the belief that federal power represented the greatest threat to personal freedom.-It established freedom of expression at the very foundation of political democracy.
The Bill of Rights is a supremely important part of the Constitution. The statements that describe its legacies are:
It established the belief that federal power represented the greatest threat to personal freedomIt established freedom of expression at the very foundation of political democracyWhat is the importance of Bill of Rights?The United States Bill of Rights comprises the first ten amendments to the United States Constitution. Proposed following the often bitter 1787–88 debate over the ratification of the Constitution and written to address the objections raised by Anti-Federalists, the Bill of Rights amendments add to the Constitution specific guarantees of personal freedoms and rights, clear limitations on the government's power in judicial and other proceedings, and explicit declarations that all powers not specifically granted to the federal government by the Constitution are reserved to the states or the people.
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which of the following is a provision of the usa patriot act designed to protect the right of privacy?
The provision of the usa patriot made it possible for investigators to obtain information when looking into a wide range of terrorism-related crimes, such as chemical-weapons violations, the use of weapons of mass destruction, the assassination of Americans abroad, and terrorism financing.
The sections of the USA PATRIOT Act that guarantee the right to privacy are not widely known. Indeed, it is frequently chastised for broadening the government's monitoring powers and potentially intruding on civil freedoms. Section 802, which defines the federal offense of domestic terrorism to exclude acts of protest or dissent, could be interpreted as an attempt to safeguard privacy. This provision is intended to prevent the government from targeting people or groups engaging in lawful political activity under the broad definition of terrorism.
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The following question may be like this:
What is a provision of the USA patriot act designed to protect the right of privacy?
T/F in a federal system, a central government is given power to act nationally, while states administer to local concerns.
_____ are intended to punish flagrant wrongdoers and to deter them, as well as others, from engaging in similar conduct in the future.
Punitive Damages are intended to punish flagrant wrongdoers and to deter them, as well as others, from engaging in similar conduct in the future.
In addition to compensatory damages, a defendant who is found guilty of a crime or violation is also required to pay punitive damages.
When compensatory damages, or the money paid to the aggrieved person, are found to be insufficient, punitive damages are granted.
Punitive damages are typically only awarded in the most extreme cases, typically where there is substantial proof of oppression, fraud, gross carelessness, or malice.
These damages go beyond simply compensating the wronged party. as they are intended specifically to penalize defendants whose actions are deemed to be willful or extremely negligent.
Since they are meant to serve as a warning to prevent repeat offences, punitive damages are also known as exemplary damages.
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which of the following courts has no authority to set precedence when it comes to providing a source of tax law?
The Small Claims Division of Tax Court typically has no authority to set precedence when it comes to providing a source of tax law.
The body of law that governs the assessment and collection of taxes by government authorities is referred to as tax law. Tax law comprises a wide range of rules and regulations that apply to various sorts of taxes, such as income tax, property tax, sales tax, and excise tax. Tax law also comprises measures for the administration of tax policies and programs, as well as provisions for the enforcement of tax laws, the resolution of disputes between taxpayers and the government. Tax law is complicated and subject to frequent modifications and updates at both the federal and state levels.
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The following question may be like this:
Which of the following courts has no authority to set precedence when it comes to providing a source of tax law?
a. U.S. Court of Federal Claims.
b. U.S. Supreme Court.
c. Small Cases Division of Tax Court.
d. Tax Court (regular decisions).
e. U.S. Court of Appeals.
a federally related transaction is one in which the loan won't be sold on the secondary market and isn't guaranteed or insured by the federal government.
A federally related mortgage loan is one that is either insured or guaranteed by a federal agency. These loans may be sold on the secondary market.
Therefore, the statement provided is incorrect.
Guaranteed by federal agency or entity such as the Federal Housing Administration (FHA), the Department of Veterans Affairs (VA), or the Rural Housing Service (RHS). These loans may be sold on the secondary market, but they are still considered to be federally related transactions because they are backed by a federal agency.
A federally related transaction is a real estate transaction in which a federal financial institution regulatory agency has regulatory authority, and it includes certain types of mortgage loans.
These transactions are subject to various federal laws and regulations, such as the Real Estate Settlement Procedures Act (RESPA), which sets forth guidelines for real estate transactions involving a federally related mortgage loan.
It's important to have a clear understanding of what constitutes a federally related transaction, as they are subject to specific rules and regulations that are designed to protect consumers and ensure transparency in real estate transactions.
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Which of the following is a reason in favor of using alternatives to incarceration?A. it greatly increases recidivismB. It allows offenders to take greater advantage of counseling options.C. It is the same cost as incarceration, but with better outcomes.D. It provides greater seclusion of offenders.
Using incarceration allows offenders to take greater advantage of counseling options.
Hence, the correct option is B.
Incarceration is a act of putting someone behind the bars or in prison or a place used as prison. The primary objective of incarceration is to ensure that the offenders desist from committing crime in the future. But instead it is a escape of criminals from severe punishment so that they can that advantage of the counselling option. Incarceration introduced the prison policy in the United States and recommended imprisonment or isolation of criminals in the form of punishment. It was considered as step to control the increasing crime rates in U.S., but its impact is was not extensive.
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True or False: after being served with a summons and a copy of the complaint, a defendant usually files a pleading known as an answer, briefly replying to each allegation in the complaint.
The given statement 'after being served with a summons and a copy of the complaint, a defendant usually files a pleading known as an answer, briefly replying to each allegation in the complaint' is True.
A summons is a document created by the plaintiff and sent by the court to the defendant informing them that they are the subject of a lawsuit or that they must appear in court.
A sheriff or other authorized individual, such as the process server, may serve it.
The Nebraska judgement clarifies that "a summons is a tool used to convey notice to a party of civil proceedings and of the chance to present and be heard" in the context of civil lawsuits.
The defendant is notified by a summons that they have a specified amount of time to answer to the case or appear in court.
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the landmark supreme court decision in 1948 by the u.s. government in the anti-trust case against the major studios for unfair monopoly over the entertainment industry was called
The landmark Supreme Court decision in 1948 by the U.S. government in the anti-trust case against the major studios for unfair monopoly over the entertainment industry was called United States v. Paramount Pictures, Inc., 334 U.S. 131 (1948).
United States v. Paramount Pictures, Inc., 334 U.S. 131 (1948), was a landmark Supreme Court ruling by the United States government in the anti-trust action against the major studios for unfair monopoly over the entertainment industry (1948). This is known colloquially as the "Paramount case" or the "Hollywood antitrust case." The court determined that the big studios had broken antitrust rules by engaging in unfair commercial practices, and it ordered them to divest their theater holdings and reform their distribution policies. The ruling had a huge impact on the film business and paved the path for increased competition and creativity.
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what is 20th amendment simplified?
The expiration and start dates of the President's and Congress' terms were altered by the 20th amendment.
A contract, law, government regulatory filing, or other document's terms can be changed, modified, or added to. The amendment is the term used to describe changes made to a nation's constitution. The Lame Duck Amendment, or 20th Amendment, to the United States Constitution altered the dates on which the terms of the President and Congress ended and began. The president's term expired on March 4 before the amendment, and the new president took office on that day.
The result was a protracted lame duck period between the November election and the beginning of the next President's term in March. Because of the Amendment's reduction of this time frame, the current President's tenure now ends on January 20 and the new President is sworn in on the same day. Moreover, it changed the start date of the new Congress from March 4 to January 3 in the year 2018. Now, there will be less time among the presidential inauguration and the election, allowing the new Congress to get down to business faster.
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Question o o
Plea bargains can be helpful to defendants in criminal cases because they
can:
O A. force the government to provide defendants with a lawyer.
• B. allow a judge to decide on a verdict without a jury.
• C. prevent the police from getting search warrants.
O D. result in lighter penalties than being found guilty.
SURMIT
Plea bargains can be helpful to defendants in criminal cases because they can force the government to provide defendants with a lawyer. Hence, option A is correct.
Why is plea bargaining beneficial to the defendant?Because he receives a shorter punishment for admitting to a lesser offense, the defendant may frequently benefit from the plea negotiation process. The public trial and its accompanying psychological suffering are spared the defendant, his family, and the victim.
Plea bargaining is frequently used for pragmatic purposes. Defendants can escape the time and expense of representing themselves in court, the possibility of receiving a heavier sentence, and the potential attention a trial could bring.
Thus, option A is correct.
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