Legal realists believe that decisions are often more attributable to the biases and moods of decision makers than they are to the formal legal rules that are supposed to determine the outcome.
The legal-positivist position, whether Kelsenian or Hartian, became the prevalent viewpoint among legal philosophers in the 20th century, and along with it, a significant but very distinct way of approaching law arose.
This philosophy known as legal realism holds that all laws are products of prevailing social norms and government policy.
In accordance with this view, judges decide cases by taking into account social concerns and public policy in addition to abstract norms.
Legal realism and legal formalism are dissimilar in this regard. Either theory can be seen from a descriptive, prescriptive, or combined perspective.
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what is juche political ideology
Juche is a political ideology developed by North Korean leader Kim Il-Sung in the 1950s. It is a nationalistic ideology which advocates self-reliance and a strong focus on the preservation of North Korea’s sovereignty and independence. Its core principles include military first policy, “revolution in construction”, and “independence in foreign affairs”.
Juche political ideology, also known as Juche Thought or Jucheism, is a political and economic ideology that emphasizes self-reliance, national independence, and self-sufficiency. It was developed by North Korean leader Kim Il-Sung in the 1950s and has been the guiding principle of North Korean governance and policy ever since.
Juche is based on the belief that the people of a country are the masters of their own destiny and should be able to control their own political and economic systems without outside interference. It also advocates for a strong military to protect the country's independence and sovereignty.
It has been heavily criticized by many outside of North Korea, who argue that it has led to isolation, economic stagnation, and human rights abuses. However, it remains a central aspect of North Korean ideology and is often cited by the country's leaders in their speeches and policy decisions.
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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.
Fill in the blankyou follow the traffic laws and rules because you believe they are legitimate and good for public welfare. at the same time, you recognize that sometimes there can be a legitimate reason for driving through a red light. you are demonstrating the ____ orientation stage of moral development.
You follow the traffic laws and rules because you believe they are legitimate and good for public welfare. At the same time, you recognize that sometimes there can be a legitimate reason for driving through a red light. You are demonstrating the post-conventional orientation stage of moral development.
This stage is characterized by an individual's ability to recognize and understand social contracts and principles, as well as the willingness to act in accordance with these values, while also recognizing that there may be situations in which the rules may need to be questioned or overridden for a greater good.
It is the last stage in Lawrence Kohlberg's theory of moral development. In this stage, individuals move beyond the conventional rules and expectations of society and begin to develop their own moral principles and values. This stage is often associated with adulthood and is not always reached by all individuals.
They believe that morality is based on universal ethical principles, such as justice, equality, and human rights, rather than just following the laws and rules of society.
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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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if two parties have an on-going oral agreement that that one will ship and the other will accept 50 pounds of produce each week unless the buyer informs the seller one week before not to ship the next order, then the buyer's failure to speak up and tell the shipper not to send the produce:A: qualifies as acceptance of that week's delivery offer.
B: does not qualify as a valid acceptance of the offer.
C: fails as an acceptance for lack of timeliness.
D: cannot be held against them as acceptance of an offer.
In the example "if two parties have an on-going oral agreement that that one will ship and the other will accept 50 pounds of produce each week unless the buyer informs the seller one week before not to ship the next order, then the buyer's failure to speak up and tell the shipper not to send the produce" will qualify as the acceptance of that week's order.
Hence, the correct option in A.
Since the Law of Contracts is all about offer and acceptance, if the buyer does not inform the seller about not to ship the order, the seller will automatically assume that the order has to be sent out as it regularly occurs based on the oral agreement between the two.
Due to which the buyer will be compelled to accept that week's order because he failed to get his message across to the seller.
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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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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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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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a zone where no state exercises complete political control.
A zone where no state exercises complete political control is called a frontier.
A put that is on the edge of a state's political or actual boundaries and over which the state has practically no viable control is regularly alluded to as a wilderness. A boundary fills in as an obstruction between states even while it brings neighbors into prompt contact, improving the probability of brutality.
This can be credited to various variables, including landscape, social contrasts, or an absence of assets. Outskirts can go about as focuses of correspondence and exchange between different individuals and human advancements expand to being destinations of contention.
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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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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 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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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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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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If a business is expected to generate tax-favored income it may be better to choose the corporate business form.False.True
The statement "If a business is expected to generate tax-favored income it may be better to choose the corporate business form" is false.
Unlike other forms of businesses, the tax attributes of income and expenses items of the corporation do not pass directly to the shareholders. So in order to generate tax-favored income a different form of business should be selected. Under a Schedular system, it is common for separate taxes to be imposed on employment, business, and investment income. In corporate businesses tax revenue generation is quite difficult and the tax generated is very high. Commercial businesses such as hospitality, medical, human resources generally generate better tax-favored income then a corporate.
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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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the state board of nursing has brought action against a nurse's license based upon violation of a regulation. what statement is correct about this nurse's action?
Based on the information given, the following statement is correct about the nurse's action, the nurse has allegedly violated a regulation that is enforced by the state board of nursing, which has taken action against the nurse's license.
This means that the board has initiated a disciplinary process against the nurse, which may result in sanctions or penalties such as fines, suspension, or revocation of the nurse's license.
It's important to note that without additional information, it's impossible to determine the nature of the alleged violation, the severity of the disciplinary action, or the specific regulations or laws involved.
Nurses are held to high standards of professional conduct and ethical behavior, and they must comply with all applicable laws, regulations, and standards of practice to protect the health and safety of their patients.
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the virginia plan proposed a weaker executive branch than the new jersey plan. t/f
True , The states convened in 1787 to update the articles of confederation, but instead produced the constitution. The Virginia proposal included a weaker executive branch than the New Jersey proposal.
Patrick Henry was adamantly opposed to the new constitution since it established a weak national government. that the national executive should have the authority to veto any legislative measure, which shall not be passed until approved by two-thirds of each body of the national legislature.
James Madison drafted the Virginia Plan, which advocated for higher participation in government for states with bigger populations. As an alternative, William Paterson proposed the New Jersey Plan, which advocated for equal participation for all states, regardless of population size.
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Which democratic principle of the U.S. Constitution is Madison describing?A) RepublicanisB) Popular sovereigntyC) Checks and balancesD) Separation of powersE) Antifa
U.S. Constitution is Madison describing the democratic principle of Separation of powers.
The correct answer is Option C.
The founder of the Constitution, James Madison, spent five Federalist Papers to outlining how the Executive, Legislative, and Judicial departments were to be completely independent of one another while remaining connected by a complex system of checks and balances.
Madison thought that maintaining the separation of the three branches was essential to the preservation of liberty.
The basic definition of tyranny, according to Madison, may be said to be the concentration of all legislative, executive, and judicial functions in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective.
The three major departments of authority should be kept separate and distinct in order to create a just legal system that protects liberty.
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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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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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what is the role of the necessary and proper clause?
To enact all laws necessary and appropriate for carrying out the aforementioned powers as well as all other powers granted to the United States government, or to any department or officer thereof, by this constitution.
Congress has the authority to "make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or any Department or Officer thereof," as stated in Article I, Section 8 of the Constitution.
The Necessary and Proper Clause gives Congress the authority to enact special laws that direct other government departments to investigate or decide on specific claims, whether they are brought by the government or by private parties.
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what kind of law deals with punishing and rehabilitating offenders
Answer:
Criminal law deals with punishing and rehabilitating offenders.
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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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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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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What is the definition of political ideology
A political ideology may be defined as an ideology that gives idea about the way in which the political functioning of a society must take place, which may differ based on a number of internal as well as the external factors.
A political ideology can be referred to or taken into consideration as an ideology that is revolving around the political functioning of a society. The ideas in reference to democracy, monarchy, communism, etc. can all be considered as the different definitions of political ideologies that exist in the society.
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which specialized unit did the memphis police department disband in the wake of tyre nicholsâs death?
The unit in the name of SCORPION may be regarded as a specialized unit that the Memphis Police Department started to disband in the wake of Tyre Nicholas' assassination.
The police departments may be referred to or considered as the special divisions within the police authorities of a particular region. These departments are given the responsibility to look only after a dedicated set of activity, and help the authorities achieve their desired goals from the department thus formed. SCORPION is a similar-specialized unit under the Memphis Police Department.
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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.
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:
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