According to the strict liability theory, driving an automobile, burning trash, and dynamite blasting in a populated area are all examples of inherently dangerous activities.
Dynamite blasting in a populated area is an example of an inherently dangerous activity. Strict liability theory is a legal principle that holds a person or corporation strictly liable, regardless of their fault or negligence, for damages caused by their activities or products. Strict liability applies in cases where the activity or product is considered inherently dangerous, meaning that it carries a high risk of harm or injury to others.
Inherently Dangerous Activities An inherently dangerous activity is any activity that involves a high risk of harm to others, even when it is conducted with reasonable care and caution. Some examples of inherently dangerous activities include: dynamite blasting in a populated area; storing and transporting toxic chemicals; operating heavy machinery; handling radioactive materials; and operating amusement park rides, among others.
Therefore, out of the given options, dynamite blasting in a populated area is an example of an inherently dangerous activity.
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TRUE/FALSE. Often the lawyers who actually handle the prosecution of criminal cases and work with victims are the Assistant District Attorneys.
True. The Assistant District Attorneys (ADAs) are the lawyers who handle the prosecution of criminal cases in the United States.
They work closely with victims of crime, as well as with law enforcement officials, in order to build a case against the accused. ADAs are typically employed by the district attorney's office, which is responsible for prosecuting criminal cases in a particular jurisdiction. They are responsible for conducting legal research, gathering evidence, interviewing witnesses, negotiating plea bargains, and presenting cases in court. In some cases, ADAs may also be responsible for providing legal counsel to victims of crime and their families, or for working with community organizations to address issues related to crime and public safety.
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Which of the following areas of intellectual property law is the least impacted by state statutory or common law? a.) patents b.) copyrights c.) trademarks d.) trade secrets
Trade secrets are the area of intellectual property law that is least impacted by state statutory or common law.
Unlike patents, copyrights, and trademarks, which are governed by federal statutes, trade secret law is primarily based on common law principles that vary from state to state. While there are some federal laws that protect trade secrets, such as the Economic Espionage Act of 1996, the majority of trade secret law is governed by state law. This is because trade secret law is based on the legal principle of confidentiality, which is enforced through contracts and state tort law. As a result, trade secret law varies significantly depending on the jurisdiction in which it is applied.
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Which of the following dictated that the same 10-year penalty be imposed for the possession of 50 grams of crack cocaine as for the possession of 5,000 grams of powder cocaine in the 1980s
The Federal Anti-Drug Abuse Act
The Federal Anti-Drug Abuse Act of 1988 mandated that the same 10-year penalty be imposed for the possession of 50 grams of crack cocaine as for the possession of 5,000 grams of powder cocaine.
This Act was passed with the intention of targeting the sale and possession of crack cocaine, which was more accessible and affordable in inner-city communities.
The Act failed to consider the racial implications of the disparity between the sentences, as the African-American population was disproportionately impacted by the harsh penalties.
This discrepancy was addressed in the Fair Sentencing Act of 2010, which reduced the disparity in sentencing.
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In cases involving businesses, where the public enters the business as a part of doingbusiness, the law presumes the property:a. is surrounded by quards at all timesb. is safe for public admissionc. is owned by the person who runs the businessd. owner owes the public no particular duty of care. none of these
The law presumes that the property is safe for public access in circumstances involving businesses when the public enters the business as a necessary aspect of conducting business. Option b is Correct.
You can classify personal property as either tangible or intangible. Vehicles, furniture, yachts, and collectibles are a few examples of tangible personal property. Bank accounts, stocks, and bonds are examples of intangible personal property. Your land may be taken by the federal, state, or municipal government for public purpose.
This is referred to as the government's eminent domain power. Yet, you have property rights as a landowner as well, so the government cannot just seize your house and land. Offer and acceptance, consideration, legally capable parties, mutual consent, and a legal purpose are necessary components of a valid contract. Option b is Correct.
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Correct Question:
In cases involving businesses, where the public enters the business as a part of doing business, the law presumes the property:
a. is surrounded by quards at all times
b. is safe for public admission
c. is owned by the person who runs the business
d. owner owes the public no particular duty of car.
e. none of these
Which of the following are reasons due to which shareholders could dissolve a corporation under the RMBCA? (Check all that apply.)
- Assets are being wasted or used improperly.
- The corporation is not making a large enough profit.
- Directors are acting in illegal, oppressive, or fraudulent ways.
- Directors are deadlocked in managerial decisions and harming the corporation.
- The corporation has less than five members in its board of directors.
Directors are deadlocked in managerial decisions and harming the corporation is a reasons due to which shareholders could dissolve a corporation under the RMBCA.
The corporation's legal existence ends with its dissolution, which is essentially its "death." It is not the same as liquidation, which is the process of paying the creditors and distributing the assets. Until dissolved, a corporation endures, despite the vicissitudes of the economy or the corporation’s internal affairs.
In the event that the directors cannot agree on how to manage the company's affairs and the shareholders are unable to resolve the impasse, a shareholder may file a lawsuit asking the court to dissolve the company. In addition, shareholders may file a lawsuit for liquidation if they believe that the company's assets are being misused or wasted, or if the directors or those in charge are acting dishonestly, illegally, or oppressively.
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At one point, U.S. presidents accumulated so much power that Arthur Schlesinger Jr. warned of which of the following?
an imperial presidency
a dynamic presidency
a dual presidency
an amorphous presidency
U.S. presidents once grew to have so much authority that Arthur Schlesinger Jr. foresaw an imperial administration.
Imperial administration refers to a type of government that exercises authority over a vast and diverse territory or empire, often involving the rule of one individual or a small group of individuals. In this type of administration, there is a central government that exercises control over various regions, territories, and subject peoples.
The concept of imperial administration has been present throughout history, from ancient empires such as the Roman Empire to modern empires like the British Empire. Imperial administration often involves a hierarchical system of government, with the central government delegating authority to local officials and administrators.
Imperial administration can be both efficient and effective, as it allows for centralized decision-making and coordination of resources. However, it can also be criticized for being overly bureaucratic, oppressive, and authoritarian, as it often relies on force and coercion to maintain control over subject populations.
Overall, imperial administration remains a topic of study and debate, with scholars and policymakers grappling with the advantages and disadvantages of this type of government.
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Select the response which most accurately represents the legal force behind each, with items furthest to the left being the most powerful and items to the right being the least powerful? 1) Executive Order > Constitutional Law > Statutory Law 2) Constitutional Law > Statutory Law > Executive Order 3) Constitutional law > Executive Order > Statutory Law 4) Statutory Law > Executive Order > Constitutional Law
The Lisbon Treaty amendments state that the respect for human dignity, freedom, democracy, equality, the rule of law, and respect for human rights are some of the shared values upon which the European Union is founded.
which items farther to the right being the least powerful, more truly depicts the legal force behind?
The EU can take action against a state if it violates or threatens to violate these standards. Due to its legal identity, the European Union has its own legal system that is distinct from international law. Moreover, EU legislation affects its Member States laws directly or indirectly and is incorporated into each State's legal framework.
The European Union is a source of law in and of itself. Respect for human dignity, equality, freedom, and solidarity are some of these core principles. The stated objectives of the EU are to uphold the universally held values of liberty, democracy, and the rule of law as well as to defend human rights. Accountability, transparent governance, just laws, and readily available, impartial justice are the four guiding ideas that assist to further define the rule of law.
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The federal Government in the Sunshine Act is part of what?
The Sunshine Act, which the federal government is a part of, mandates that public meetings of government agencies be held, among other things.
What does the Sunshine Act of 1997 mean?The "Sunshine Act" demands transparent meetings of entities that head government agencies. "Every portion of every meeting of an agency shall be open to the public observation," according to the Sunshine Act. The collegial bodies that oversee federal government agencies are subject to this mandate.
Who oversees the Sunshine Act?This Act's clause is frequently referred to as the "Sunshine" Act or clauses. The Act must be implemented, and that responsibility falls on the Centers for Medicare and Medicaid Services (CMS).
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the federal government most enhanced its legal authority to address threats considered a clear and present danger during which of the following later periods?
The federal government's ability to counter threats has been significantly increased by law Following the American terrorism attacks in the 2000s.
What Reagan initiative was the most effective?Through significant, all-encompassing tax cuts, Reagan aimed to boost the economy. The expansive fiscal measures, which quickly came to be known as "Reaganomics," were regarded by some as the most significant attempt to alter the direction of American economic policy since the New Deal.
Which two nations present the greatest challenges to the spread of democracy?The two nations facing the challenge of expanding democracy are India and the US. Democracies can face challenges at any stage of their growth or development, from the very beginning. In democratic countries, the issues are common.
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fill in the blank. the risk of a car bomb in a bank is about 1% whereas there is a 60% chance of an attack
The risk of a car bomb in a bank is about 1% whereas there is a 60% chance of an attack with a firearm.
The risk of a car bomb attack is very low, but it is still possible. It is important to be aware of the potential threat and take appropriate safety measures, such as installing protective barriers and surveillance systems.
Additionally, bank staff should be trained to be aware of suspicious activity and report it to the authorities. Finally, individuals should also take safety precautions such as parking in well-lit areas, avoiding leaving valuables in plain sight, and being aware of their surroundings.
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The complete question is:
Fill in the blank.
The risk of a car bomb in a bank is about 1% whereas there is a 60% chance of an attack with a ________.
Analyze the infographic below, and then determine which of the following statements are accurate.-The northeastern region of the U.S. has more lobbyists per capita than Texas
-Texas has fewer registered lobbyists per capita than just about any other state
-Bigger states tend to have more lobbyists per capita than smaller states
-California has more lobbyists per capita than Texas
The northeastern region of the U.S. has more lobbyists per capita than Texas and Texas has fewer registered lobbyists per capita than just about any other state is accurate after analyzing the infographic details.
Both Texas and California have 9 lobbyists per 100,000 residents per capita, the same number as California. The number of lobbyists active at the state level is about the same as the number of lobbyists to the federal government in Washington, D.C. It has shorter legislative sessions. With more than $3 million in expenditures from 2015 to 2021, Texas also ranks second among the 19 states monitored by Open Secrets for state-level lobbying by pro-gun organizations.
Many lobbyists have experience in government and are knowledgeable about the policies they advocate for. Opponents of the pluralist perspective argue that organized interests are too broadly construed and don't speak to the needs of specific populations or issues.
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why do you think each state was allowed only one vote?
The balance of power would be maintained between the larger and smaller states, so that no single state could gain an undue advantage. This is known as the "one state, one vote" principle.
It is likely that each state was allowed only one vote in order to ensure that smaller states had an equal say in the decision-making process as larger states.
This was an important consideration for the Founding Fathers, who wanted to create a fair and balanced system of government that represented the interests of all citizens.
A system where each state was allowed only one vote ensured that no one state could dominate the proceedings or dictate the outcome of any decision. Instead, each state had an equal say in the matter, regardless of its population or geographic size.
This ensured that the interests of all states were taken into account, not just those of the larger, more populous states.
Additionally, it helped to prevent any one region from becoming too powerful or dominant, which could have led to serious political and social tensions within the new nation.
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It is possible to have diminishing marginal returns to a single factor of production and constant returns to scale at the same time. Discuss.A.The statement is true. As long as only one input has diminishing marginal returns, it is possible to have constant returns to scale.B.The statement is false. If an input exhibits diminishing marginal returns, then doubling that input will result in less than double the output.C.The statement is false. The terms 'marginal returns' and 'returns to scale' are interchangeable. Therefore, if the factors of production have diminishing marginal returns, then there are decreasing returns to scale.D.The statement is true. Diminishing marginal returns to a single factor applies to the short run when all other inputs are held fixed. On the other hand, returns to scales applies to the long run when all inputs can be increased.
Diminishing marginal returns can occur to a single factor of production while constant returns to scale are present. Option A is correct. The statement is true. As long as only one input has diminishing marginal returns, it is possible to have constant returns to scale. Here's a detailed explanation: Diminishing marginal returns are present when an additional unit of an input results in a decrease in the production of output.
This applies only to short-run production, as some inputs are kept constant, and the productivity of each unit of input is different in the short and long term. In the long run, all inputs can be increased, and therefore the productivity of each unit of input is the same. Returns to scale relate to long-run production, which involves increasing all inputs simultaneously.
It can be classified into three categories: constant, increasing, and decreasing returns to scale. Constant returns to scale occur when all inputs are increased, and the output increases in the same proportion; doubling the inputs, for example, would result in doubling the output. Diminishing marginal returns relate to the productivity of a single input, whereas returns to scale relate to the productivity of all inputs.
A single factor of production can exhibit diminishing marginal returns while maintaining constant returns to scale. Therefore, option A is correct.
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FILL IN THE BLANK men, who represent about half the u.s. population, account for about ___ of all arrests for property crime.
Answer:
63%
Explanation:
which of the following principles about restitution was illustrated in the case study about the victims of whitey bulger? group of answer choices a. it may be difficult for victims or families of victims to calculate their total loss. b. if an offender is not identified, restitution can be difficult to collect. c. if an offender is in prison, it can be difficult to collect and distribution restitution to the victims. d. the whitey bulger case illustrated all of the above principles about restitution
In the Whitey Bulger case, all of the above principles about restitution were illustrated.
It was difficult for victims or families of victims to calculate their total loss, and the offender was in prison, making it difficult to collect and distribute restitution to the victims.
Additionally, the offender was not identified, making it even more difficult to collect restitution.
To ensure that restitution is paid to victims, offenders must be identified, the total losses of victims must be calculated, and an appropriate restitution plan must be developed and enforced.
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with respect to education, which of the following best describes the significance of the tenth amendment to the constitution?
The Tenth Amendment to the Constitution states that all powers not delegated to the federal government are reserved for the states and the people. This means that educational policy is mainly a state and local matter rather than something controlled by the federal government.
The Tenth Amendment to the US Constitution grants the state governments the power to regulate education. The best option that describes the significance of the tenth amendment to the Constitution with respect to education is that it grants the state governments the power to regulate education. The Tenth Amendment to the United States Constitution is part of the Bill of Rights.
It is a brief text, yet it is significant for the reason that it codifies the idea of federalism into the Constitution. According to the Tenth Amendment, any powers not granted to the federal government by the Constitution are reserved for the states or the people. Tenth Amendment and Education According to the Tenth Amendment, the states hold authority over all matters that the Constitution does not assign to the federal government, including education.
Therefore, states have the power to establish education policies, and they have the responsibility of ensuring that their citizens receive an education. The Tenth Amendment allows state governments to regulate education as they see fit, rather than allowing the federal government to make decisions for them. It also protects citizens' rights to choose their children's education, which varies depending on where they reside.
The significance of the tenth amendment to the constitution with respect to education is that it grants the state governments the power to regulate education. It is therefore the best option.
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is a legal system which is based on a detailed set of written rules and statutes that constitute a legal code.
The legal system which is based on a detailed set of written rules and statutes that constitute a legal code is known as a codified legal system.
A legal system is a set of laws, rules, and regulations that govern a particular region, community, or country. A legal system assists in the prevention of anarchy in a country or region. A legal system aids in the prevention of social disorder by governing the activities and behavior of individuals and organizations.A codified legal system is one in which legal rules and regulations are set out in a written legal code. A codified legal system is used in countries such as France, Germany, Japan, and India.A legal code is a comprehensive list of all the laws and regulations governing a particular country or region. A codified legal system ensures that the law is easily accessible to everyone in the country or region.There are several benefits to using a codified legal system. The use of a codified legal system makes it easier for judges and legal practitioners to interpret and apply the law. Codification simplifies the legal system, making it easier for citizens to understand and comply with the law. A codified legal system also makes the law more predictable, consistent, and uniform.Legal codes are a collection of laws and regulations that govern a particular country or region. The legal code of a country is a complete list of all the laws and regulations that are in force in that country. The legal code is a useful tool for judges, lawyers, and citizens because it provides a clear understanding of the law. The legal code also ensures that the law is accessible to everyone in the country or region.Learn more about legal system: https://brainly.com/question/10456202
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the transitional era that followed the new deal coalition was triggered by which of the following developments?
several developments, including the rise of conservative politics, the civil rights movement, the Vietnam War, and the economic changes of the 1970s triggered a transitional era that followed the New Deal coalition.
The civil rights movement was a social and political movement in the United States that aimed to end racial discrimination and segregation against African Americans and other minority groups. The movement began in the mid-1950s and continued through the 1960s, marked by protests, marches, and acts of civil disobedience. Key leaders of the training included Martin Luther King Jr., Malcolm X, Rosa Parks, and John Lewis, among many others. The campaign achieved significant gains with landmark legislation such as the Civil Rights Act of 1964 and the Voting Rights Act of 1965. These laws ended segregation in public places and guaranteed the right to vote for all citizens. The civil rights movement sparked a broader movement for social justice, inspiring activism in areas such as women's rights, LGBTQ rights, and disability rights, among others.
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Task 1: Identifying Life-Changing Events That Deter Criminal Behavior
Put together a timeline in a slideshow presentation that outlines the four stages of life-
changing events for an individual. For each stage, provide a written description of how, in
your opinion, it functions as a deterrent to criminal behavior.
Type your response here:
This is for CRIMINOLOGY CLASS!
Life-changing events in childhood, adolescence, adulthood and senior years can function as deterrents to criminal behavior by providing positive experiences and reducing negative experiences.
Introduction
Title: Life-Changing Events that Deter Criminal Behavior
Stage 1 - Childhood
Description: During childhood, individuals develop their moral compass and learn to distinguish right from wrong. Positive experiences, such as receiving praise for good behavior, can reinforce this moral code and encourage individuals to continue making positive choices. Negative experiences, such as punishment for bad behavior, can discourage individuals from engaging in criminal behavior in the future.
Stage 2 - Adolescence
Description: Adolescence is a time of experimentation and risk-taking. Positive experiences, such as finding a sense of purpose and direction, can provide individuals with a sense of belonging and reduce the likelihood of engaging in criminal behavior. Negative experiences, such as substance abuse, can increase the likelihood of criminal behavior by impairing judgment and decision-making.
Stage 3 - Adulthood
Description: During adulthood, individuals often have more responsibilities and face greater consequences for their actions. Positive experiences, such as achieving success in their career or family life, can provide individuals with a sense of fulfillment and reduce the likelihood of engaging in criminal behavior. Negative experiences, such as financial or relationship problems, can increase the likelihood of criminal behavior by creating stress and instability.
Stage 4 - Senior Years
Description: In their senior years, individuals may face physical and mental health challenges that can impact their decision-making abilities. Positive experiences, such as having a strong support system and maintaining a sense of purpose, can reduce the likelihood of engaging in criminal behavior. Negative experiences, such as social isolation or financial insecurity, can increase the likelihood of criminal behavior by creating feelings of desperation and hopelessness.
Conclusion
Description: Life-changing events can have a significant impact on an individual's likelihood of engaging in criminal behavior. Positive experiences, such as finding a sense of purpose and belonging, can provide individuals with a strong foundation for making positive choices throughout their lives. Negative experiences, such as substance abuse or financial instability, can increase the likelihood of criminal behavior by creating stress and desperation.
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the supreme court determined that the right of the press to print classified material ________.
The Supreme Court determined that the right of the press to print classified material is protected under the First Amendment's freedom of the press clause.
The Supreme Court is the highest court in the United States, with the power to review and interpret the Constitution. The Supreme Court is made up of nine justices, who are nominated by the President and confirmed by the Senate.
The Supreme Court has the authority to determine whether laws passed by Congress are constitutional or not. It also has the power to interpret the Constitution and decide how it applies to specific cases.
The Supreme Court plays a vital role in protecting the rights of citizens and ensuring that the government follows the Constitution.
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when deciding whether and when to interview close associates of the suspect(s), which of the following is not a concern for the investigation?
When deciding whether and when to interview close associates of the suspect(s), the investigation should consider the relevance of the information the associate can provide, the possible motivations and biases of the associate, and the potential of the associate to be a source of new information. The concern of whether the associate is a friend or not should not be taken into account when making this decision.
When deciding whether and when to interview close associates of the suspect(s), not being in a position to show the suspects their statements is not a concern for the investigation. An interview is a method of collecting information from people in which an interviewer asks questions in a pre-defined sequence. Interviews are a valuable approach of information gathering that may aid the investigation.
They may be used to learn about an incident, such as who was present, who saw what, who did what, who said what to whom, and what happened next, and to collect statements from victims, witnesses, and suspects. When deciding whether and when to interview close associates of the suspect(s), Investigators should be careful to obtain and verify as much information as possible about persons of interest before conducting an interview.
Investigators must assess the potential for contamination of statements and limit contact with people of interest as much as feasible to avoid undermining the investigation's integrity. Investigators must keep track of their interactions with people of interest in order to maintain an accurate record of events.
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the initial responsibility of the first responding officer after they determine that a crime was committed is to crij
The initial responsibility of the first responding officer after determining that a crime was committed is to ensure the safety of the victim(s) and any witnesses.
The officer must secure the crime scene to prevent any contamination or destruction of evidence.
The first responder must assess the situation and determine the extent of any injuries or damage. If medical attention is required, the officer should immediately request medical assistance. If the offender is still on the scene or in the area, the officer should quickly apprehend the suspect and ensure that they are separated from the victim(s) and witnesses.
The first responding officer should also begin to gather information from witnesses and potential suspects. This may involve conducting interviews, collecting physical evidence, and taking photographs or videos of the crime scene. It is important for the officer to document as much information as possible to aid in the investigation of the crime.
The officer should also notify their supervisor and any necessary departments, such as detectives or forensics teams, to further investigate the crime. The officer may need to request additional resources, such as backup or a K-9 unit, depending on the severity of the crime and the situation.
In summary, the initial responsibility of the first responding officer after determining that a crime was committed is to ensure the safety of the victim(s) and witnesses, secure the crime scene, gather information and evidence, and notify necessary departments and resources to further investigate the crime.
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Fiscal policy that involves changes in government spending affects which of the following components of aggregate demand?
-Investment spending
-Household consumption
-Government spending
-Total net exports
Fiscal policy that involves changes in government spending affects Government spending component of aggregate demand.
Fiscal policy is the use of public spending and taxation to affect the economy, particularly macroeconomic conditions. These include employment, inflation, economic expansion, and the total demand for goods and services. Expansionary or "loose" fiscal policy is defined as one that directly boosts aggregate demand through an increase in government spending. Fiscal policy, on the other hand, is frequently regarded as contractionary or "tight" if it lowers demand through lower spending.
Regardless of tax policy, aggregate demand decreases when government spending does, shifting the economy to the left. NX(e) is the fourth term that will cause the aggregate demand curve to change. This phrase indicates that net exports, which are calculated as exports minus imports, depend on the real exchange rate.
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Under common law, which of the following was true in regard to arson?a. Negligence was sufficient to establish arsonb. Criminal intent was not necessaryc. The requirement of burning did not require that the dwelling be burned completelyd. You could commit arson
Under common law, criminal intent was not necessary in regard to arson. Arson is the criminal act of intentionally and requirement of burning did not require that the dwelling be burned completely under common law. Arson was established if the damage or destruction of the property was caused by fire.
Additionally, common law arson was a crime that required actual, malicious intent to set fire to a structure or property. A person could not be convicted of unlawfully setting fire to buildings or other property. Criminal intent was not necessary under the common law of arson. Criminal intent was the foundation for the most serious charges in most criminal cases under the common law, but arson was an exception.
Negligence was insufficient to establish arson under the common law of arson. The arson if they didn't intend to start a fire or cause harm. Common law is a body of law that has been established through legal decisions made by judges over the centuries. The doctrine of precedent is used in common law. The doctrine of precedent, also known as stare decisis, requires that lower courts must follow the decisions of higher courts that have dealt with similar cases in the past.
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Primary goal of the Texas Equal Suffrage Association was to?A. Win ratification of the 19th amendmentB. Reform conditions in Texas Prisons
Answer:
TESA focused most of their efforts on securing the passage of the federal amendment for women's right to vote. The organization also became the state chapter of the National American Woman Suffrage Association (NAWSA).
Explanation:
compare how legislative powers can be independent or constrained by other governmental institutions in two different ap comparative government and politics course countries. in your response, you should do the following.
The legislative powers of a country’s government can be either independent or constrained by other governmental institutions. In the context of AP Comparative Government and Politics course countries, this can vary. For example, in the United Kingdom and China.
In this regard, the UK and China are two compelling cases that can be compared. In the UK, the Parliament is the supreme legislative authority that enjoys considerable autonomy in the policy-making process. The Prime Minister and the Cabinet, which are accountable to the Parliament, are not able to influence the legislative process since they lack a majority in the House of Commons.
On the other hand, in China, the National People's Congress (NPC) is responsible for passing laws and supervising the State Council, which is the country's executive branch. The NPC is not independent since it is under the firm control of the Communist Party of China. In contrast, the executive branch has more influence over the legislative process in China than in the UK. The President, for example, may veto legislation and propose legislation to the NPC. Thus, in the UK, the legislative branch is independent and in China, the executive branch is more influential than the legislative branch.
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FILL IN THE BLANK. __________ is available to a third person to whom a representation is made and who justifiably relies on the representation.
a. Delectus personae
b. Respondeat superior
c. Culpable negligence
d. Partnership by estoppel
Culpable negligence is available to a third person to whom a representation is made and who justifiably relies on the representation. Option C
What is Culpable negligence?Culpable negligence refers to a legal term where a person is found to have acted with reckless disregard for the safety of others, resulting in harm or injury.
The legal term that matches the description given in the question is "detrimental reliance." Detrimental reliance occurs when a third party relies on a representation made by another person to their detriment. In such cases, the third party may be able to seek legal recourse against the person who made the representation.
Detrimental reliance is an important concept in contract law, as it can form the basis of a legal claim for breach of contract or other related claims. It is also known as "promissory estoppel."
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Which of these have been ruled by the Courts as constitutional and which have been ruled by the Courts as unconstitutional?
Unconstitutional -moment of silence for prayer at a school event
-requiring employers to provide female employees with birth control coverage
-prayer in public schools
Constitutional
-the display of religious symbols, like the Ten Commandments, on public grounds
Unconstitutional - moment of silence for prayer at a school event, requiring employers to provide female employees with birth control coverage, prayer in public schools.
The moment of silence for prayer at a school event was ruled unconstitutional by the Supreme Court in Wallace v. Jaffree (1985) as it was seen as an endorsement of religion and violated the Establishment Clause.
In Burwell v. Hobby Lobby (2014), the Supreme Court ruled that the requirement for employers to provide female employees with birth control coverage was unconstitutional as it violated the Religious Freedom Restoration Act.
Prayer in public schools was also ruled unconstitutional in Engel v. Vitale (1962) as it was seen as a government endorsement of religion and violated the Establishment Clause.
Constitutional - the display of religious symbols, like the Ten Commandments, on public grounds was ruled constitutional by the Supreme Court in Van Orden v. Perry (2005) as long as it has a secular purpose and does not promote a particular religion.
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When deciding an appeal, the appellate court may take all but which of the following actions?
Reverse
Reverse and Remand
Affirm
Concur
In finding prejudicial error, the appellate court may simply reverse (overrule) the lower court. So, the correct answer is reverse and remand.
Alternately, the decision could be to reverse the lower court's decision and remand the matter for a new trial in conformity with the law as stated in the appeals court's opinion.
Reversal vs. remand: what are they?
Reverse: This indicates that the Appellate Court finds the lower court's decision to be incorrect. In this situation, the Appellate Court vacates (cancels) the lower court's judgement. Remand: This is when an appeals court orders a lower court to rehear the entirety of a case.
What are the powers of appellate court in deciding an appeal?
To: (a) finally decide a case; (b) remand a case; (c) frame the issues and refer them to trial; (d) gather more evidence or order the gathering of more evidence.
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in ____, the dominant idea about resilience was that communities are responsible for child resilience.
It was in 2015 that the dominant idea about resilience was that communities are responsible for child resilience.
The dominant idea about resilience was that it is a process of adaptation that occurs within the context of a community. This includes supportive relationships, safe and nurturing environments, and access to resources. It also states the importance of social and environmental conditions in the development of child resilience. By providing the necessary resources and support, communities can play an important role in helping children develop the skills, knowledge, and confidence necessary to cope with challenges and setbacks. Through this children can develop resilience and the ability to bounce back from adversity.
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