The process by which the Supreme Court has gradually applied the Bill of Rights to the states with a case-by-case approach is the process of selective incorporation.
Selective incorporation refers to the judicial doctrine through which the protections and rights guaranteed by the United States Constitution's Bill of Rights are applied to the states. Initially, the Bill of Rights was understood to primarily restrict the actions of the federal government. However, through a series of Supreme Court decisions, the Court has interpreted the Fourteenth Amendment's Due Process Clause to incorporate certain provisions of the Bill of Rights, making them applicable to state governments as well.
The process of selective incorporation has occurred gradually over time. The Supreme Court has examined individual rights and determined whether they are fundamental to the concept of ordered liberty and are deeply rooted in the nation's history and traditions. If the Court deems a particular right to be fundamental and essential to due process, it applies that right to the states through the Fourteenth Amendment.
Through the case-by-case approach, the Court has examined specific rights and determined their applicability to the states. For example, landmark cases such as Gitlow v. New York (1925), Gideon v. Wainwright (1963), and Miranda v. Arizona (1966) have applied specific provisions of the Bill of Rights, such as freedom of speech, the right to counsel, and the right against self-incrimination, respectively, to state criminal proceedings.
Selective incorporation has been an ongoing process, with the Supreme Court considering and deciding on the applicability of various provisions of the Bill of Rights to the states over the years. This approach has played a significant role in shaping the constitutional rights and protections that individuals have against both federal and state government actions.
It is important to note that not all provisions of the Bill of Rights have been fully incorporated. Some rights, such as the Second Amendment right to bear arms, have received limited incorporation, with the Court leaving certain aspects to be decided on a case-by-case basis or by individual states.
In summary, the process of selective incorporation refers to the gradual application of the Bill of Rights to the states through the Fourteenth Amendment's Due Process Clause. The Supreme Court has employed a case-by-case approach to determine which rights are incorporated, considering their fundamental nature and historical significance to ensure protection against state government actions.
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If a paralegal prepares a research memo concerning case law and the strategy for representing a client, this memo is likely considered.
A. attorney-client privileged.
B. property of the client.
C. property of the attorney.
D. attorney work product.
When a paralegal prepares a research memo which could concern the strategy for representing a client, that memo is considered C. property of the attorney.
Who is a paralegal?Paralegals are legal professionals who have a wealth of legal knowledge but are yet to have passed the bar.
Their duty is to assist lawyers in legal issues by researching cases for them, coming up with strategies, and basically other ways that the lawyer needs help with.
The work done by the paralegal such as researching case strategy will be considered to be the work of the attorney who was being helped by the paralegal.
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1] What is the jurisdiction of the case? (Answer no more than 3 words)
A: court to declare the assessment of Corporation Business Tax
[2] Is this a class action law suit? Answer Yes or No. If yes, briefly describe the class in one short sentence (25 words or less):
A: yes,
[3] Which party prevails (wins) in the case? __________________________ (single term or cite the name of the party)
[4] Is a fine or restitution or a monetary award of damages involved in this case? If so, indicate the sums involved. (HIGHLIGHT or CIRCLE THE CORRECT UNDERLINED TERM ABOVE) Sum awarded: ____________ (If not applicable identify outcome sought e.g. equitable relief or declaratory judgment: ________________________________ (4 words or less)
[5] Is this a final adjudication of a substantive law claim? Answer YES or NO. If YES, indicate substantive law claim decision. If NO indicate that the matter has been REMANDED to a lower court or that it is a final adjudication of a procedural law claim. If a final adjudication of a procedural law claim, indicate the nature of the procedural dispute in one brief sentence. _____________________________________________________________________________ (25 words or less)
1. The jurisdiction of the case is New Jersey.
2. It is not a class-action lawsuit. A class-action lawsuit involves a large group and not a partnership. For instance, if all the Auto Dealers in New Jersey are involved in the case, it becomes a class-action lawsuit.
3. The plaintiff, NATIONAL AUTO DEALERS EXCHANGE, L.P, prevails in the case.
4. There was no monetary award in the case. It was a summary judgment, which does not require a full trial.
5. This case was a final adjudication of a substantive law claim. The court affirmed that the tax division of New Jersey lacked the jurisdiction to impose or assess NADE for corporate tax since it was not a company for corporate tax purposes but a pass-through entity.
What is a pass-through entity?Some of the pass-through entities include sole proprietorship, partnerships, LLCs, and S-corporations.
A pass-through entity is not assessed for corporate tax because the profits are distributed to the individual owners who are assessed for personal taxes.
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Suppose that the following milestones apply to a hypothetical based on Brodgen v Metro Railway. Brogden supplies coal to Metro on a regular basis. On June 3, Brogden and Metro negotiated a draft concerning the supply of coal.
Suppose that the following transactions take place:
• April 2: Brogden shipped and Metro received 85,000 tons of coal
• May 2: Brogden shipped and Metro received 145,000 tons of coal
• May 22: Brogden shipped and Metro received 65,000 tons of coal
• June 2: Brodgen shipped but Metro received the delivery of 45,000 tons of coal
• July 2: Brogden shipped but Metro rejected the delivery of 50,000 tons of coal
• August 2: Brogden shipped and Metro received 225,000 tons of coal
• August 29: Brogden shipped and Metro received 75,000 tons of coal
Using data from [B3] below, determine damages payable using the above-identified theory & recovery basis:______________ (number)
The damages payable using the above-identified theory & recovery basis is 50000 tons.
What are damages?It should be noted that damages are the remedy to be paid to a client as compensation.
In this case, Brogden shipped but Metro rejected the delivery of 50,000 tons of coal.
Therefore, the damages payable using the above-identified theory & recovery basis is 50000 tons.
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Do you think Geo-Fencing is an invasion of privacy? Why?
Answer: Law enforcement officers have been using geofencing to find the location data of mobile devices in the area of a committed crime. While this gives them the ability to find a possible suspect, consumers feel it is a violation of privacy for the innocent parties.
After a jury is selected, the attorneys present their theories of the case and what they hope to prove to the jury in _______.
Another substantial factor related to novice driver crash incidents is an over-estimation of one's own
driving _______.
Another substantial factor related to novice driver crash incidents is an overestimation of one's driving skill or ability.'
What determines driving skills?Driving skills can be determined by measuring a driver's technical and safety skills.
The technical skills include steering, reflexes, smooth braking, and ease of acceleration.
The ability to judge distances, make the right decisions, and be alert on the road are necessary measures of the driver's ability.
Who are novice drivers?Novice drivers are newly trained licensed drivers, who are usually given Graduated Drivers licensing (GDL) to enable them to gain experience incrementally or in stages.
Thus, some novice drivers overestimate their driving abilities.
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DRIVERS EDUCATION
Write a paragraph describing the differences in how a driver should approach a railroad crossing as opposed to a regular intersection.
Explanation:
Never ignore flashing lights, whistles, closing gates or stop signs. Slow down, look in both directions, and test your brakes. Be certain you don't see a train. Roll down windows; turn off fans and radios; listen for warning whistles.
What is the most important implied covenant in an oil and gas lease
The most important implied covenant in an oil and gas lease is that the lessee must continue to develop the underlying resources according to the agreement.
What is an implied covenant?An implied covenant is a contract rule to require parties in a contract to implement the intended terms of the agreement.
The purpose of an implied covenant is to ensure that the parties do not undercut the purpose of the contract.
Other essential covenants are that the lessee of an oil and gas lease must protect and administer the leasehold.
Thus, the most important implied covenant in an oil and gas lease is that the lessee must continue to develop the underlying resources
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When a patient is covered under more than one policy, __________ is used to ensure the claim is not paid to more than 100%.
When a patient is covered under more than one policy, coordination of benefits is used to ensure the claim is not paid to more than 100%.
Health policy is best understood as an overarching set of principles and goals that govern how health care is provided and consumed. Health policies are codified at the national or state level and fine-tuned at hospitals or clinical sites.
Use health policies to prevent disease and improve health. Health policies can have a significant impact on health and well-being. Healthy People 2030 focuses on keeping people safe and healthy through laws and policies at the local, state, territory, and federal levels.
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Sentencing of offenders is assessed differently using different ethical perspectives. Explain
The punishment that an offender receives is based on the different ethical perspective of the person doing the sentencing.
How does ethical perspective affect sentencing?The ethical view that a judge takes when they are sentencing a person is what ultimately determines the sentence that the offender will get.
For instance, a man runs red lights and has an accident. He doesn't stop because he is trying to get his wife who is in labor to the hospital.
A judge who believes that the ends justifies the means will give that man a lighter sentence because he was just trying to get his wife proper medical care.
Another judge might impose a heavy sentence because the judge wouldn't look at why the man committed the crime, but how it affected other people.
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quuzlet In Arizona v. Fulminante, the Court ruled that the harmless error doctrine applies to cases involving admissibility of:
the Court ruled that the harmless error doctrine applies to cases involving admissibility of involuntary confessions.
What are involuntary confessions?An involuntary confession that results from overwhelming police behavior rather than the defendant's free will is referred to as a pressured confession. Because the confession was not the result of the accused's free will, it is involuntary.
What are first signs of involuntary celibacy?Being obese Being thought of being physically unappealing Never having been in a romantic relationshipDoes the harmless error doctrine apply to involuntary confessions?The Court decided in Fulminante that situations regarding the admissibility of involuntary confessions fall under the harmless error theory.
Is Fulminante's confession to Sarivola admissible in court?It is crucial to assess the admissibility of Fulminante's confession to Sarivola in light of the finding by five Justices that the harmless error analysis extends to coerced confessions. For example, see Pennsylvania v. Union Gas Co., 491 U. S. 1, 45 (1989) (WHITE, J., concurring in judgment in part and dissenting in part).
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When Lara and Mick cannot resolve their dispute amicably, Lara initiates a lawsuit against Mick. Lara is
A d-snp member loses his eligibility due to a change or loss of medicaid status. What cost sharing is he responsible for while in the grace period?.
The cost sharing that the member is responsible for would be the Medicare cost-sharing portion.
What is the Medicare?This is the term that is used to refer to the insurance policy that is given to the citizens of the United States based on the fact that it would help to reduce the cost that they would have paid for several health bills.
It is a health type of insurance for those that are of 65 years and above and the younger people that are found to be eligible. The plan also include the people in the nation that are found to have one disease or the other.
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13. According to her test results, Anna prefers logical reasoning over emotions, uses cause-and-effect reasoning, and seeks out the unbiased truth.
Which trait is she likely strong in?
O A. Extroversion
OB. Thinking
O C. Making
D. Feeling
Based on the fact that Anna tries to use logic as well as cause and effect, the trait she is likely strong in is B. Thinking.
What trait is Anna strong in?Anna is most likely strong with the "thinking trait" because she shares characteristics with others who think a lot.
They try to use logical reasoning, and they use cause-and-effect associations to make decisions.
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When one party promises to do what she is already legally obligated to do, the law considers this a(n)_______ and not valid consideration.
When one party promises to do what she is already legally obligated to do, the law considers this a preexisting duty and not valid consideration.
What is a valid consideration?A valid consideration is a price paid in exchange for goods or services or a promise to do (or abstain from) something.
A valid consideration must be significant, adequate, and unconditional.
Thus, when one party promises to do what she is already legally obligated to do, the law considers this a preexisting duty and not valid consideration.
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On a busy day just before April 15, Albert Accountant received a call from a local car dealer. The dealer said, “Hi, Mr. Accountant. Now, while you have income from doing clients’ taxes, I have an excellent offer for you. You can buy a new Buick Century automobile completely loaded for $36,000. Al, I know you’re busy. If I don’t hear from you by the end of the day, I’ll assume you want the car.” Albert, distracted, did not respond immediately, and the dealer hung up. Then followed an exhausting day of working with anxiety-ridden tax clients. Albert forgot about the conversation. Two days later a statement arrived from the dealer, with instructions on how Albert should pick up the car at the dealership. Is there a contract? Explain.
For the establishment of a contract, the following elements must be present in the deal:
OfferAcceptanceConsiderationMutuality of obligationCompetency and capacity
In the given case, there was no acceptance by Albert's accountant of the offer made by the local car dealer. He was yet to respond to the offer from the car dealer. So there was no contract established between the 2 parties.
A contract is an agreement among non-public events developing mutual duties enforceable with the aid of the law. The primary factors required for the settlement to be a legally enforceable settlement are mutual assent, expressed by using a legitimate offer and attractiveness; ok consideration; capability; and legality.
A contract is any know-how or association reached between or more parties. A settlement is a specific sort of agreement that, by means of its phrases and factors, is legally binding and enforceable in a courtroom of regulation.
Appearance up obligor or obligee in Wiktionary, the loose dictionary. A settlement is a legally enforceable agreement that creates, defines, and governs mutual rights and obligations amongst its parties. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of these at a destiny date.
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The right of an individual to take another person's resources because that person has failed to meet the requirements of the law is known as a ________. Group of answer choices dicta remedy citation holding precedent
Why is it important to name an executor in a will?
A) To ensure that beneficiaries get whatever they want from the estate
B) To ensure that someone you trust administers your estate
C) To ensure that beneficiaries do not receive any asset
D) To ensure that the court doesn't declare the will null and void
Answer:
B) To ensure that someone you trust administers your estate
Explanation:
Executor DOES NOT decide who gets what
Executor makes sure the property that is in the will goes to the right person
They will need to find and contact the beneficiaries named in the will.
The executor may choose to work with a tax accountant to do this
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3.) How do they help to shape
political knowledge and values?
Political Science
Political Science helps to shape political knowledge and values by preparing students for effective citizenship and political participation.
What is political science?Political Science is the scientific study of politics and power dynamics.
Studying political science creates an understanding of the following concepts:
Political ideasIdeologiesPolitical institutionsGovernment policiesPolitical processesPolitical behavior.Other ideas learned through political science include political groupings, classes, government, diplomacy, law, strategy, and war.
Thus, Political Science helps to shape political knowledge and values by preparing students for effective citizenship and political participation.
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What is the term for an individual or group that attempts to conduct malicious activities against enterprises?.
Answer: In cyber security and threat intelligence, a threat actor is a broad term for any individual or group of individuals that attempts to or successfully conducts malicious activities against enterprises, whether intentionally or unintentionally
A medical assistant has been making errors in documenting in patients' charts and is given a verbal warning. She is placed on a corrective action plan, which includes mandatory training on the proper method of documenting. The medical assistant does not comply with the corrective action plan, and, as a result, the employer fires her. 1. Did the employer take the correct steps in terminating the medical assistant? 2. Does the medical assistant have the right to fight the termination of employment based on due process? 3. What could the employer or the employee have done differently in this case?
1. The employer took the correct steps in terminating the medical assistant as part of the disciplinary measures.
2. The medical assistant lacks the right to fight the termination of her employment because the due process (verbal warning, correction action plan, including mandatory training) was observed.
3. Based on the steps taken, one cannot require the employer to re-assign the medical assistant to other tasks because they also involve documentation.
Who is a medical assistant?A medical assistant works along with the physicians.
Some tasks performed by medical assistants include:
Removing stitchesDrawing bloodChanging dressingsBasic laboratory testsPreparing patients for x-raysDisposal of contaminated suppliesSterilization of medical instrumentsInstructing patients about medication or special diets.Thus, it appears that the medical assistant was not cut out for the job at this period.
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set of promises between two or more parties the performance of which the law expects, the breach of which the law provides remedies.
Answer: Contract
Explanation:
g 23. The appropriate geographical location of the court that has jurisdiction could be based on the _____________involved in the dispute: a. People b. Property c. Place
Answer:
Explanation:
I think so yes you are correct I think so yes you are correct
A state legislature received complaints from traffic accident victims who, in the days immediately following their accidents, had received unwelcome and occasionally misleading telephone calls on behalf of medical care providers. The callers warned of the risks of not obtaining prompt medical evaluation to detect injuries resulting from accidents and offered free examinations to determine whether the victims had suffered any compensable injuries. In response to these complaints, the legislature enacted a law prohibiting medical care providers from soliciting any accident victim by telephone within 30 days of his or her accident. Which of the following arguments would be most helpful to the state in defending the constitutionality of the law?
a. Because the law regulates only commercial speech, the state need only demonstrate that the restriction is rationally related to achieving the state's legitimate interests in protecting the privacy of accident victims and in regulating the medical profession.
b. The law is a reasonable time, place, and manner regulation.
c. The state has substantial interests in protecting the privacy of accident victims and in regulating the practice of medical care providers, and the law is narrowly tailored to achieve the state's objectives.
d. Because the commercial speech that is the subject of this law includes some speech that is misleading, the First Amendment does not limit the power of the state to regulate that speech.
The correct option is option (c), i.e., The state has substantial interests in protecting the privacy of accident victims and in regulating the practice of medical care providers, and the law is narrowly tailored to achieve the state's objectives.
Why is confidentiality important to victims?
When the anonymity of their information is guaranteed, victims of violence are more likely to seek out help and reveal the true nature of the abuse or attack they have endured. This enables efficient, individualized advocacy planning and responses.
Why is it important for the government to make laws protecting the victims as well as the witnesses of a crime?
For successful criminal trials to take place and for organized criminal groups to be destroyed, victims' and witnesses' cooperation is essential. However, getting such cooperation is one of the difficulties that many criminal justice systems encounter in the investigation and prosecution of crime.
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What program is available to support c-snp and d-snp members who may have unique health care needs?.
The healthcare program available to support C-SNP and D-SNP members with unique healthcare needs is a care management program that varies and depends on the member's health risk level.
What is a Dual Special Needs Plan?A Dual Special Needs Plan (DSNP) is a special Medicare Advantage Plan that provides health benefits for people who qualify for both Medicare and Medicaid. These people are described as dually eligible.
The eligibility for these special needs rests on health risk assessments.
What is a health risk?Health risk refers to an adverse event or negative health consequence resulting from specific events, diseases, or conditions.
For example, obesity health risks include diabetes, joint disease, cardiovascular disease, and an increased probability of cancers.
What is health risk assessment?A health risk assessment is an appraisal or evaluation that assesses a person's health risks based on the person's medical history, demographic, and lifestyle characteristics.
Thus, the healthcare program available to support C-SNP and D-SNP members with unique healthcare needs is a care management program that varies and depends on the member's health risk level.
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Litigation generally refers to dispute resolution processes for _______ (or _______) cases in public courts of law.
Litigation generally refers to dispute resolution processes for civil (or non-criminal) cases in public courts of law.
What is litigation?The process of settling conflicts through the public court system by submitting or responding to a complaint is referred to as litigation.
The main purposes of litigation are-
Contrary to popular belief, litigation is not the same as a "lawsuit" that has been filed. Following the filing of a lawsuit, legal processes between two parties to uphold or defend a legal right under the supervision of a court are referred to as litigation.The purpose of litigation is to ascertain the rights, responsibilities, and obligations of the parties involved in a legal dispute. In other words, it is the procedure for settling the conflict by legal action, the results of which are enforceable and legally binding.A civil lawsuit is initiated by a member of the public, who then enters the litigation process.To know more about the legal dispute, here
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A PIO's proactive approach to public information enhances credibility in messaging. Proactivity occurs during A. The five (5%) segment of the 95/5 concept B. The ninety-five (95%) segment of the 95/5 concept C. down time when working an emergency. D. " blue sky" time but makes no difference in credibility.
Answer: B is the correct answer
The occurrence of the PIO's proactive approach to public information enhances credibility in messaging when there is downtime when working an emergency. Hence, Option C is correct.
What is a proactive approach?
When actions are taken by the person for any problem or difficulty before its turns into a big issue or problem is known as the proactive approach. In nsimpleterms, an approach is made by becoming an active solver in advance. There is one more way to solve any problem and that is the reactive approach. As per the name, it can be stated that the problem or the difficulty will be solved only when it is moved to the next level.
In the case of the reactive approach, the problem is solved when there is a lot of work pressure and a load of other problem-solving is also there. For instance, when a student prepares for the exams that are going to be held in the month of June, preparation will be started by the student in January.
Thus, Option C is correct.
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g 17.Authority of the court to hear a case: a.Judicial authority b.Jurisdiction c.Legal Authority
The correct option is (b). Jurisdiction is the Authority of the court to hear a case.
What Is Jurisdiction?The legal word for the power given to a legal institution to administer justice is jurisdiction. Areas of jurisdiction are applicable at the municipal, state, and federal levels in federations like the United States.
court jurisdiction. 1. Inauguration The term "jurisdiction" refers to the power granted by the law to a court, tribunal, or judge to resolve any difference between the parties, provide a decision, or impose an order.
The ability to exercise authority over people and things inside of a region is known as jurisdiction. It grants a court the authority to hear a case or lawsuit and make a decision legally. The term "jurisdiction" can also refer to a region of land where political power is acknowledged.
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In a lawsuit, a defendant can file a ______ if the defendant believes that the plaintiff has caused her damages arising out of the same set of facts.
Answer: Counterclaim
Explanation:
Legality of ______ means that contracts that are contrary to existing laws or public policy are likely to be rendered unenforceable.
Legality of purpose is the concept that a contract may be enforced even if its terms are against the law or public policy.
What Does Contract Law Mean by Legality of Purpose?The terms and conditions of legal documents that are enforceable and legally binding constitute the validity of purpose in contract law. They frequently include commitments and conditions that were mutually agreed upon. Every enforceable contract must have a purpose that is legal.According to the insurance principle known as "legal purpose," insurance contracts that cover things that are illegal or entail illegal terms are invalid. For instance, a liability insurance policy for a business engaged in bank robberies would not be acceptable. None of the asserted claims would be enforceable in court.What does the term "Purpose" in a contract mean?The term "purpose" refers to both the parties' intention to investigate developing a commercial connection in regards to the Project and their subsequent business action in that regard.
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