cơ sở để phân biệt quan hệ kinh doanh và quan hệ dân sự
Answer:
des
Explanation:
4. What should you do when you come behind a stopped school bus which is unloading children?
A. Slow down before passing the bus.
B. Make a full stop before passing and move slowly.
C. Stop behind the bus and remain stopped as long as lights are flashing.
D. None of the above
C. Stop behind the bus and remain stopped as long as lights are flashing.
Suppose a plaintiff alleges that a North Carolina campaign-financing law violates his First Amendment (to the United States Constitution) free speech rights. This case _____, and it falls under _____ jurisdiction
Answer:
raises a federal question; concurrent
Explanation:
A plaintiff is a party or an individual who files a case against another party in the court of law.
The [tex]\text{First Amendment to the Constitution of the United States of America }[/tex]prevents the Government or the Congress to make any law that regulates the establishment of any religion or it prevents the free exercise of any religion or abridge the freedom of press or of speech and he right of people for peaceful assembly.
Concurrent jurisdiction exits where more than one court is involved and where the hearing is done in two or more courts together and simultaneously over the specific case.
In the context, a person files a case against a campaign-financing law of North Carolina stating that the law violates the plaintiffs First Amendment freedom of speech rights.
Thus his lawsuit raises a federal question and the case falls under a concurrent jurisdiction where more than one court will have jurisdiction over the case.
what does a paralegal do ?
Answer:
paralegals perform tasks such as conducting legal and factual research, drafting court documents and correspondence, reviewing and summarizing records, filing documents with the court, maintaining files, and. communicating with clients.
Type the correct answer in the box. Spell all words correctly.
Which type of evidence establishes a direct link between a crime and a defendant?
(blank) evidence is a type of real or testimonial evidence that establishes a direct link between a crime and a defendant, such as an eyewitness who saw the defendant committing the crime.
Answer:
I believe the answer is circumstantial evidence
Explanation:
Popular television shows such as CSI: Crime Scene Investigation have brought the role of the crime scene investigator to the public, raising interest in forensic science.
Describe your thoughts on the “CSI effect” and the impact that it has had on jurors?
Explanation:
It basically gives a false represention
-that smoking gun evidence is the only form of evidence that can prove something beyond reasonable doubt
-it makes people biased against criminals
Basically those are my thoughts but there are probably more
if a twelve-year-old minor has made a cash payment for a contract in which she was not assisted by her guardian and the contract is repudiated, she may recover money by obtaining guardian consent or not
Answer:
By obtaining guardian consent
Explanation:
Because he is minor age. Or else he is accompanied by 18nyrs old up
phân tích thủ tục truy cứu trách nhiệm hành chính đối với giáo viên trong vụ việc giáo viên đánh học sinh
Answer:
Tuỳ theo tính chất, mức độ vi phạm, viên chức vi phạm các quy định của pháp luật trong quá trình thực hiện công việc hoặc nhiệm vụ thì phải chịu một trong các hình thức kỷ luật là:
- Khiển trách;
- Cảnh cáo;
- Cách chức;
- Buộc thôi việc.
1. Phạt tiền từ 5.000.000 đồng đến 10.000.000 đồng đối với một trong các hành vi sau:
a) Kỷ luật người học không đúng quy định của pháp luật hiện hành;
b) Xúc phạm danh dự, nhân phẩm, xâm phạm thân thể người học nhưng chưa đến mức truy cứu trách nhiệm hình sự.
Giáo viên đánh học sinh có thể bị truy cứu trách nhiệm hình sự
Trường hợp giáo viên đánh học sinh mà gây thương tích trên 11% hoặc dưới 11% nhưng thuộc một trong các trường hợp như: thực hiện với người dưới 16 tuổi, lợi dụng chức vụ, quyền hạn… thì có thể bị truy cứu trách nhiệm hình sự về Tội cố ý gây thương tích.
phạt cải tạo không giam giữ đến 03 năm hoặc phạt tù từ 06 tháng đến 03 năm.
- Phạt tù từ 02 năm đến 06 năm khi phạm tội thuộc một trong các trường hợp: Gây thương tích hoặc gây tổn hại cho sức khỏe của người khác mà tỷ lệ tổn thương cơ thể từ 31% đến 60%; Gây thương tích hoặc gây tổn hại cho sức khỏe của 02 người trở lên mà tỷ lệ tổn thương cơ thể của mỗi người từ 11% đến 30%...
- Phạt tù từ 05 năm đến 10 năm khi phạm tội thuộc một trong các trường hợp: Gây thương tích (trừ trường hợp làm biến dạn vùng mặt) hoặc gây tổn hại cho sức khỏe của người khác mà tỷ lệ tổn thương cơ thể 61% trở lên; Gây thương tích hoặc gây tổn hại cho sức khỏe của 02 người trở lên mà tỷ lệ tổn thương cơ thể của mỗi người từ 31% đến 60%;…
- Phạt tù từ 07 năm đến 14 năm khi phạm tội thuộc một trong các trường hợp: Làm chết người; Gây thương tích làm biến dạng vùng mặt của người khác mà tỷ lệ tổn thương cơ thể 61% trở lên; …
- Nặng nhất, người phạm tội có thể bị phạt tù từ 12 năm đến 20 năm hoặc tù chung thân khi làm chết 02 người trở lên…
Như vậy, tùy thuộc vào tính chất, mức độ vi phạm mà giáo viên đánh học sinh sẽ bị truy cứu trách nhiệm hình sự với một trong các khung hình phạt phù hợp về Tội cố ý gây thương tích.
Giáo viên đánh học sinh có thể bị truy cứu trách nhiệm hình sự
Trường hợp giáo viên đánh học sinh mà gây thương tích trên 11% hoặc dưới 11% nhưng thuộc một trong các trường hợp như: thực hiện với người dưới 16 tuổi, lợi dụng chức vụ, quyền hạn… thì có thể bị truy cứu trách nhiệm hình sự về Tội cố ý gây thương tích.
phạt cải tạo không giam giữ đến 03 năm hoặc phạt tù từ 06 tháng đến 03 năm.
- Phạt tù từ 02 năm đến 06 năm khi phạm tội thuộc một trong các trường hợp: Gây thương tích hoặc gây tổn hại cho sức khỏe của người khác mà tỷ lệ tổn thương cơ thể từ 31% đến 60%; Gây thương tích hoặc gây tổn hại cho sức khỏe của 02 người trở lên mà tỷ lệ tổn thương cơ thể của mỗi người từ 11% đến 30%...
- Phạt tù từ 05 năm đến 10 năm khi phạm tội thuộc một trong các trường hợp: Gây thương tích (trừ trường hợp làm biến dạn vùng mặt) hoặc gây tổn hại cho sức khỏe của người khác mà tỷ lệ tổn thương cơ thể 61% trở lên; Gây thương tích hoặc gây tổn hại cho sức khỏe của 02 người trở lên mà tỷ lệ tổn thương cơ thể của mỗi người từ 31% đến 60%;…
- Phạt tù từ 07 năm đến 14 năm khi phạm tội thuộc một trong các trường hợp: Làm chết người; Gây thương tích làm biến dạng vùng mặt của người khác mà tỷ lệ tổn thương cơ thể 61% trở lên; …
- Nặng nhất, người phạm tội có thể bị phạt tù từ 12 năm đến 20 năm hoặc tù chung thân khi làm chết 02 người trở lên…
Như vậy, tùy thuộc vào tính chất, mức độ vi phạm mà giáo viên đánh học sinh sẽ bị truy cứu trách nhiệm hình sự với một trong các khung hình phạt phù hợp về Tội cố ý gây thương tích.
cộng sản Việt Nam đã vận dụng lí luận chủ nghĩa Mác Lê nin về hình thái kinh tế xã hội vào xây dựng chủ nghĩa xã hội trong thời kì quá độ ở nước ta như thế nào ? rút ra ý nghĩa đối với sinh viên
A sales representative in a shopping centre handed Karl a flyer promoting a style cut and shave for $12 at Lion’s Mane Barber Shop. As he was actually in need of a haircut and shave, Karl dropped by the barber shop, which was also located in the same shopping centre. When he arrived at the shop and presented his flyer to one of the barbers, he was told that there had been an error in the statement of price on the flyer - it was supposed to be $22 and not $12. The shop manager tried to convince Karl that this was still a bargain price given that a style cut and shave would normally cost $30 in other barbershops.
Karl got upset, as he passed by two other barbershops in the same shopping centre that sold haircuts and shaves for $20 to $25. If he had known about the supposed mistake in the Lion’s Mane flyer, he wouldn’t have bothered coming to the shop.
Answer the following:
(a) Does Karl have any legal grounds to claim the price of $12? (5 marks)
(b) Would your answer be different if Karl already had his hair cut and shave before being informed by the real cost of the services was $22? Does he have to pay the full price in this case? (7 marks)
Answer:
in both cases the flyer was presented to the barber before the service was provided.
a) no, because Karl was informed about the mistake and the real price and could then still have decided to take his business elsewhere. but if he then agreed to still have the service performed under the now updated conditions, then that is what the "contract" is basing on.
he has no grounds to claim the other price afterwards.
b) no, because the service provider saw the flyer information, did not object to or correct the information right away, but performed the service instead. now the "contract" is based on that agreement based on the conditions of the flyer.
How is justice related to fairness and equality?
Name and explain two laws or legislations that protects the right to be protected violation
Answer:
The Human Rights Act
The Civil Rights Act
Explanation:
The Human Rights Act is the non-negotiable right that everyone has and enjoys such as right to life, right to lawful gathering, right to happiness, etc which is enshrined in the constitution. It protects the rights of humans and ensures that they are not tampered with.
The Civil Rights Act of 1964 in America ended (legally) the systematic racism and segregation faced by the blacks by the whites. It abolished redundant laws that ensured segregation and put new, better laws in place that made sure that such cases were illegal and punishable by law.
If you refuse to take a blood urine breath test to determine if you are under the influence
questions for muslium.....
Answer:
Hadith is a form of Islamic tradition recorded in oral sources. A hadith is usually a short and out of context account of what Muhammad said or did. Usually its purpose was to confirm something in accordance with the law of God. Together, the hadiths form the sunnah, the most important source of Muslim morality and law after the Qur'an. Initially, they were passed on orally through the chain of messengers. According to the traditional view of Muslim scholars, this contributed to the creation of many false hadiths, which were to support the interests of individual groups, and by about 200 years after the prophet's death, there were already around 200,000 Arab scholars therefore proceeded to a careful study of these messages, checking the chain of transmitters of each hadith. On the basis of this research, they created collections of hadiths believed to be authentic.
You post a notice at school that you will sell your laptop computer for $1,200. A buyer comes by your room to look at it while you are gone and your roommate sells it for $1,100, thinking you would be happy with that price, which you did not authorize.
a. you must enter into a written agreement with your roommate for it to be valid.
b. you can accept the deal by express or implied ratification.
c. the deal cannot be valid because there was no consent.
d. you must accept the deal because people living together have power of attorney
What’s The answer to this question ?!
Answer:
both parties
Explanation:
looked up the definition
Why statutory protection (legislation) is needed to protect consumers entering into contracts with businesses and traders.
Answer:
In simple words, Both companies and consumers benefit from consumer protection. Consumers must have access to reliable, unbiased information about the goods as well as services consumers buy. This allows individuals to make the best decisions for their own interests and protects them from being exploited or mislead by corporations.
The 1986 Consumer Protection Act aims to promote and defend customers' interests in the face of flaws and faults in goods as well as services. Also it aims to protect a consumer's rights from unfair or discriminatory trade practices.
What does visual lead time refer to?
Visual lead time refers to the duration between perceiving a visual stimulus and initiating a corresponding action or response.
It encompasses the processing time required for the brain to interpret visual information, make decisions, and initiate a motor response. This concept is crucial in various domains, including sports, driving, and everyday tasks.
A shorter visual lead time indicates faster reaction speed and can provide a competitive advantage. Factors influencing visual lead time include individual perceptual and cognitive abilities, task complexity, and environmental conditions.
By understanding and optimizing visual lead time, individuals can improve their responsiveness and decision-making, leading to enhanced performance in activities that rely heavily on visual processing.
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What are some specific criminal justice policies that can be analyzed based on the death of George Floyd?
Answer:
George Floyd's death occurred on May 25, 2020, when Derek Chauvin - a white police officer - arrested Floyd and knelt on his neck for approximately 9 minutes and 30 seconds after he was handcuffed and lay face down on the floor.
The incident was filmed by several attendees who asked Chauvin to remove his knee from Floyd's neck. Likewise, the police officers were wearing body cameras, which also recorded the entire interaction with Floyd. Although the footage from operated body cameras was eventually also released, this did not happen until months after the incident itself and the publication of the private video footage. The day after the arrest - after several eyewitnesses had released their video footage of the incident - all four police officers were fired. Two autopsy reports subsequently found that Floyd had been killed, although the conclusions of the two reports as to the cause of death are not conclusive.
The incident, including in particular various video recordings, created a great deal of attention worldwide. In the United States, the incident led to large-scale demonstrations organized by Black Lives Matter around various American cities. Several of the demonstrations in the United States were accompanied by various forms of swelling, violence, street fighting and other forms of crime. President Donald Trump in several cases ended up approving the deployment of extra police officers to reduce the violence that ensued following the demonstrations. The case was a wake-up call to American society regarding institutional racism, especially in police agencies, as well as a sign of their brutality.
why the Third Circuit Court of Appeals found that there was sufficient evidence to uphold the Defendant’s conviction for securities fraud/insider trading
Explanation:
The law of insider trading has been called everything from a "theoretical mess" to "astonishingly dysfunctional," with calls for change from Congress and the Securities and Exchange Commission to clarify the scope of the prohibition. But is the law really so bad? The elements are now well established, despite gray areas around the edges like other white collar crimes. Congress and the general public have embraced insider trading as something clearly wrongful. If the law needs to be changed, the most likely push would be to expand it by adopting the possession theory of liability used in Rule 14e-3 for tender offers and the European Union that makes trading on almost any confidential information subject to prosecution.
Which of the following best captures how Aristotle might respond to Locke’s claim that the purpose of politics is to secure life, liberty, and property?
Answer: The primary or the highest purpose of government or politics is to form good character/cultivate the virtue of citizens, promote morality, and realize the good life.
Explanation:
You didn't put the options but I searched and got the options online and choose the correct answer.
The option that best captures how Aristotle might respond to Locke’s claim that the purpose of politics is to secure life, liberty, and property is that the primary or the highest purpose of government or politics is to form good character/cultivate the virtue of citizens, promote morality, and realize the good life.
Which of the following would be an appropriate consequence for a small traffic violation?A.Paying a fineB.Paying restitutionC.Being sent to prisonD.Probation
Answer:
A) Paying a fine
Explanation:
My best guess is A because traffic tickets are pretty common if you are speeding or something.
Rest of em are for serious violations and other serious crimes.
tern for when businesses produce goods and services that consumer do not want
Answer:
Productive or technical inefficiency.
Explanation:
Factors of production can be defined as the fundamental building blocks used by individuals or business firms for the manufacturing of finished goods and services in order to meet the unending needs and requirements of their customers.
Basically, there are four (4) main factors of production and these are;
I. Land.
II. Labor (working).
III. Capital resources.
IV. Entrepreneurship.
Furthermore, when these aforementioned factors of production are combined effectively and efficiently, they can be used for the manufacturing or production of goods and services to meet the unending requirements or needs of the consumers.
In Economics, there are two types of inefficiency associated with the production of goods and services, these includes;
1. Allocative inefficiency: it occurs when businesses do not maximise output from the given inputs.
2. Productive (technical) inefficiency: it occurs when businesses produce goods and services that the consumers do not want. This is typically as a result of the incorrect and inefficient allocation of scarce resources by a business firm or entity.
Hence, a term for when businesses produce goods and services that consumer do not want is productive (technical) inefficiency.
Many of you may remember when Target decided to allow those who identified as a different gender to use the restroom of the gender they identified with. After this decision, Target's stock prices dropped dramatically. After reading the section on The Business Judgment Rule, please tell me in your own opinion if you think a decision that devastates a stock price like this one did is a breach of the executive officer's duty to their shareholders? Explain your answer.
Answer:well its kina,hard ro explain my thought ands opinion on this but,as in diffrent genders could be a dif but not as well
Explanation:
The business judgment rule is a legal principle that gives executives and directors of a corporation a presumption of good faith and reasonableness in their business decisions, provided that they act in the best interests of the corporation and with a reasonable amount of care and diligence.
What is the business Judgement rule principle?The business judgment rule states that if a director's actions can be proven to have been taken logically, a court will not pursue them. with good intentions. knowing they were acting in a way that was advantageous to the company.
The rule recognizes that business decisions often involve risks and uncertainties and that decision-makers should be allowed to exercise their judgment without undue interference or second-guessing.
In the case of Target's decision to allow individuals to use the restroom of the gender they identify with, it can be argued that the decision was made in the best interests of the corporation, as it reflects the company's commitment to inclusivity and diversity.
While the decision did result in a drop in stock prices, it is important to note that stock prices can be affected by a variety of factors beyond the control of the executives, such as market conditions, competition, and global events. Moreover, the long-term effects of the decision on the company's reputation and customer loyalty may offset the short-term drop in stock prices.
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11. In relation to existing duties, which of the following statements is incorrect?
a) b) c)
d)
Performance of existing duties can never amount to good consideration.
Where the existing duties are exceeded, this may amount to good consideration
Where the promisee confers a benefit on the other party, this may amount to good consideration.
Where the promisee assists the other party in avoiding a detriment, this may amount to good consideration
12. An
a) Between friends and social acquaintances
b) Between husband and wife
c) Where parties in a commercial relationship have established the agreement between them is
'in honour only'
d) Between parties in a commercial relationship
13. Where a meaningless term is used in an agreement, the effect is?
a) The entire contract will be held unenforceable.
b) It has no practical effect on the contract - the whole contract is enforceable
c) This term, rather than the entire contract, may be held unenforceable.
d) The courts will order the parties to re-write the contract to more accurately identify what
their intentions were.
14. In relation to minors, which of the following types of contract is not voidable but binds the minor?
a) Contracts involving the sale of shares
b) Leasingproperty
c) Contracts of partnership
d) A contract for necessities
15. Which of the following is NOT a type of mistake in contract law?
a) Frustrated mistake
b) Common mistake
c) Mutual mistake
d) Unilateral mistake
16. Which of the following elements is incorrect in establishing an actionable misrepresentation?
a) A statement of material fact that induces the other party into the contract
b) A false representation
c) The innocent party did or did not believe the statement to be true
d) The representation induced the party into the contract.
Answer:
11. Performance of existing duties can never amount to good consideration.
12. Between husband and wife.
13. It has no practical effect on the contract. The whole contract is enforceable.
14. A contract of necessities
15. frustrated mistake
16. The innocent party did or did not believe the statements to be true.
Explanation:
A contract is a binding agreement in which both the parties are liable to fulfill the duties agreed in the contract. There can be terms listed in the contract on which both parties agrees. If there is a vague term, it needs to be cleared while if there is some meaningless term it has no effect on the contract.
which of the following situations would not substantiate proper standing to sue
Answer:
The answer is B
Explanation:
Which of the following is known as the "supreme law of the land?"A.The Executive BranchB.The federal governmentC.The U.S. ConstitutionD.Supreme Court decisions
The correct answer is C. The U.S. Constitution
Explanation
The Constitution of the United States is the oldest federal Constitution in the world, it established the laws of the United States on the seventeenth day of September 1787, during the Constitutional Convention of Philadelphia once the United States became independent from the United Kingdom. The Constitution is also known as the supreme law of the United States because it is the most important law of the United States and it is superior to other laws. According to the above, the correct answer is C. The U.S. Constitution.
It is often stated that the United States does not have two systems of courts (i.e. State and Federal), rather, we have 51, because each State has its own system and then there is the Federal system. Discuss two pros and two cons of our current court system and then detail how having 51 "systems" may impact the idea of equality under the court of law in your opinion. Be sure to use resources to back up your opinion.
Answer:
it is
Explanation:
The following is NOT one of the stages of licensing in Georgia:
A. Class CP (Learned’s permit);
B. Class D (Graduated license);
C. Class C (full license)
D. Class CDL (beginner commercial license)
Class CDL (beginner commercial license) is not one of the stages of licensing in Georgia and is denoted as option D.
What is Licensing?This is referred to as an official permission to do something. Permit is always given after different stages.
Licensing in Georgia has the following stages such as:
Class CP (Learned’s permit)Class D (Graduated license)C. Class C (full license).Read more about Licensing here https://brainly.com/question/24827828
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Dcfs caan assessment
Answer:
What? Does its a question