A contract entered into by an intoxicated person is never valid the statement is false.
A contract entered into by an intoxicated person is a valid contract.
Even though a person was under the effect of alcohol or drugs (intoxicated) when entering into a contract, the law recognizes that the contract can still be valid. A person cannot invoke his or her own “negligence” or “recklessness” to negate their legal obligation under a contract.
Although,When an intoxicated person enters into a contract, the contract can either be enforceable, meaning held to the fullest extent of the law, or voidable by the intoxicated person. The court will look at two criteria that need to be present in order to make the contract voidable:
1.The intoxication was severe enough that the person entering into the contract was incapacitated.
2.The other party was aware of the intoxication at the time.
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The prosecution against Susan for slapping Bob involves which of the following?
Public law and criminal lawCivil law and private lawPublic law, private law, civil law, and criminal lawPrivate law and civil law
The prosecution against Susan for slapping Bob involves criminal law, which is a type of public law. Criminal law deals with crimes against the state or society, and the prosecution is usually led by the government.
In this case, Susan's action of slapping Bob could be considered assault or battery, which are criminal offenses under the law. Civil law and private law are typically used to resolve disputes between individuals or entities, and they do not involve criminal charges or prosecution. Public law and private law are broad categories that cover different areas of law, but they are not typically used to describe the type of legal case involving a criminal offense.
In summary, the prosecution against Susan for slapping Bob likely involves criminal law, which is a type of public law.
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what is the fruit of the poisonous tree doctrine?
According to the doctrine of the toxic trees, evidence generated from illegally obtained evidence is not admissible in court, thus expanding the exclusionary rule.
What is a doctrine?As the core of teachings in a particular field of study or belief system, doctrine is a codification of beliefs or a body of teachings or instructions, taught concepts or positions.
"Catechism" is the etymologically equivalent Greek word. A body of theological doctrines as established by a church is frequently expressly suggested by the word doctrine.
In the common-law traditions, doctrine can also refer to a legal theory that has been formed through a lineage of earlier judgements. According to sociologist Mervin Verbit, one of the essential elements of religion is doctrine.
Content, frequency, intensity, and centrality are the four categories he uses to categorize doctrine. Within a given religious tradition, each of these may differ from one religion to the next.
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What does the 14th and 15th amendment say?
The 14th amendment provides equal protection to all the citizens of the United States, whereas, the fifteenth amendment provides protection to the citizens from being denied against their voting rights.
The amendment of the United States' Constitution are exclusively intended to provide a number of protections to the citizens. Moreover, the 14th and 15th amendments, in general, protect the individuals against the civil rights held by them in their personal capacities. The former provides protection against the equal treatment under law, whereas the latter provides protection of voting rights.
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A tort is a wrong or ______ to another, other than breach of contract.
Multiple choice question.
o bread
o compensatory
o claim
o injury
A tort is a legal term that refers to a wrongful act or an injury caused to another person or entity, other than a breach of contract.
The correct answer is injury
In the context of civil law, a tort can be defined as a civil wrong that causes harm to another person or their property, for which the injured party may seek compensation or damages. Examples of torts include personal injury, defamation, false imprisonment, and negligence.
Unlike a breach of contract, which involves a violation of a specific agreement between two parties, a tort involves a violation of a legal duty owed by one party to another. Torts are an important area of law, as they provide a means for individuals to seek redress for harms caused by the wrongful actions of others.
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most of the delegates at the constitutional convention wanted a moderate revision of the articles of confederation.
While some delegates at the Constitutional Convention favored a moderate revision of the Articles of Confederation, many others believed that a more substantial change was necessary.
The Articles of Confederation, which served as the first national constitution of the United States, had several significant flaws that hindered the ability of the national government to function effectively. These flaws included a weak central government with limited powers, no executive branch, and no ability to tax or regulate commerce.
At the Convention, delegates such as James Madison and Alexander Hamilton advocated for a new form of government that would address these weaknesses by creating a strong central government with more expansive powers. They believed that the new government should be based on a system of checks and balances that would prevent any one branch of government from becoming too powerful.
While there was some debate among the delegates about the exact form of the new government, ultimately the majority agreed that a significant overhaul of the Articles of Confederation was necessary. The resulting document, the United States Constitution, created a federal system of government with three branches, a system of checks and balances, and a more powerful central government than the one established under the Articles of Confederation.
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in the u.s. federal system, basic governing powers are
It can be taken into understanding that the powers of levying the taxation rates, regulation of commercial activities, and the establishment and enforcement of neutral laws, etc. are the governing powers under the United States' federal system.
The governing powers are also referred to or considered as the enumerated powers. It is further noteworthy to mention that the governing powers are available only in the hands of either the federal or state government, as per the situations related thereto.
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Complete question
in the u.s. federal system, basic governing powers are__________.
FILL IN THE BLANK. Compared to all other states, Texas ranks ______ most professional in the Squire Legislative Professionalism Index.
Compared to all the other states, Texas ranks nineteenth most professional in Squire Legislative Professionalism Index.
What is Legislative Professionalism Index?The Legislative Professionalism Index (LPI) is a measure that evaluates the level of professionalism and institutionalization of a state legislature. It takes into account factors such as the length of legislative sessions, the level of compensation for legislators, the amount of staff support, the frequency of meetings, and the quality of committee systems. The index is used to compare and rank state legislatures based on their effectiveness and efficiency in lawmaking and policy-making. The higher the LPI score, the more professional and institutionalized a state legislature is deemed to be. The index is often used by scholars and policymakers to evaluate the functioning of state legislatures and to identify areas for improvement.
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Each court has a jurisdiction. Jurisdiction is best defined asa. a doctrine that follows established precedents.b. the geographic area in which a court has the power to apply the law.c. a judicial proceeding to redress a wrong.d. a situation giving a person a right to initiate a judicial proceeding.
The correct option is B ; The geographic area in which a court has the power to apply the law .
The word "jurisdiction" refers to the legal power granted to a court to try cases and decide on legal matters involving specific sorts of legal claims and/or within a specific geographic region. Power separation. The term "Separation of Powers" was created by 18th century philosopher Montesquieu.
Separation of powers is a paradigm that splits the government into several parts, each with its own set of authorities. Hamilton made his second significant point. To defend such rights, he declared, the court must be granted the authority of JUDICIAL REVIEW to declare unconstitutional laws null and invalid.
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When should I roll over my 401k to a new employer?
Through a direct trustee-to-trustee transfer an employee can roll over their 401(k) from their previous employers to their new employers. However, this rollover must be made within 60 days and abide by the rules to make the process smoother.
One can decide when to transfer these 401(k) when you leave your old job. However, one employers has other options as well.
You can cash them out and have the flexibility of how you want to spend those funds or you can leave them with your old employer which will continue to maintain investments and no transfer will be required.
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A contract is said to be executed when all parties have completed their performances. True/False.
The given assertion " A contract is said to be executed when all parties have completed their performances". is true because
A contract is an understanding between at least two gatherings that makes legitimately restricting commitments between them.
An agreement regularly contains terms that portray the commitments of each party, the freedoms as well as limitations of each party, and the results of break of the agreement.
A contract is supposed to be executed when all gatherings have finished their commitments and exhibitions under the particulars of the agreement. Right now, the agreement hosts been completely performed and all gatherings are considered to have satisfied their commitments.
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which act outlaws the payment of bribes to foreign government officials to gain businesses?
The payment or attempt to payment of bribes to the foreign government officials to gain the businesses are thus outlawed by the Foreign Corrupt Practices Act.
The payment of bribes is held as completely illegal under the United States' Constitution. Moreover, it may also be stated that payment of bribes is a legally punishable offense, with imprisonment and penalties as the consequences thereunder. The Foreign Corrupt Practices Act also puts regulations over payment of bribes to the foreign officials.
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match the type of power to the correct level of government. drag each item on the left to its matching item on the right. expressed concurrent implied reserved federal press space to open state press space to open federal and state
State(reserved), federal and state(concurrent) and federal(expressed and implied).
The powers conferred with the state are reserved and will extend to all the objects which comes under ordinary affairs of the state, lives of people, liberty, personal property, and the internal law and order of the state for the prosperity of the state. In a federal and state the powers are concurrent, which means divided between the union and the state where Constitution is the supreme law of land. The federation has powers directly granted to the government by the constitution, while implied powers that the government can inherent at the time of need by the expressed power. In a federation certain powers are expressed by the Constitution readily to the working government.
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what is the final court you could appeal to in the u.s.?
The ultimate determination regarding a defendant's appeal is made by the United States Supreme Court, the highest appellate court in the American legal system.
The Court only accepts a small number of cases annually and is not compelled to hear an appeal in every case. Many cases are chosen for a "oral argument" before the court, even if some cases are decided solely on the basis of written pleadings.
In the court of appeals, oral argument is a planned conversation between the appellate attorneys and the judges' panel that focuses on the legal concepts under consideration. Each side has a limited amount of time—usually around 15 minutes—to make their case to the judge. Most appeals are dismissed. Typically, the court of appeals' ruling will be the last word.
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in 1984, gregory lee johnson burned an american flag in front of the dallas city hall in protest to reagan administration policies. he was tried and convicted under a texas law that prohibited people from desecrating a respected object. the case eventually went to the supreme court, which ruled in a 5-4 decision that johnson had not violated the constitution. which of the following constitutional provisions does the case described in the scenario have in common with tinker v. des moines (1969)? choose 1 answer: choose 1 answer: (choice a) a due process clause (choice b) b free exercise clause (choice c) c assembly and petition clause (choice d) d freedom of speech clause
The case eventually went to the supreme court, which ruled in a 5-4 decision that Johnson had not violated the constitution. Freedom of speech clause is in common with tinker v. des Moines case.
The burning of the American flag in front of Dallas City Hall to protest the policies of the Reagan administration bears similarities to Tinker v. The court acquitted them under the First Amendment's "free speech" provision.
In tinker v. Moines, the U.S. Supreme Court held that wearing a black armband for a specific purpose does not interfere with the educational process and is therefore protected by the "freedom of speech" provision. Presumably, Gregory Lee Johnson opposed the policies of the Reagan administration and thus burned the flag. Therefore, his protest is protected under the constitution.
Hence, the correct option is D.
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the typical long-arm statute allows a court to obtain jurisdiction over a defendant even though the process is served beyond its borders if the defendant:
The typical long-arm statute allows a court to obtain jurisdiction over a defendant even though the process is served beyond its borders if the defendant has certain minimum contacts with the state where the court is located.
The minimal contacts requirement requires that the defendant have willfully taken use of the state's advantages and protections, such that requiring the defendant to defend itself in state courts is fair and reasonable. The long-arm statute's goal is to ensure that a defendant is subject to the court's jurisdiction when it would be unjust or unreasonable to force the plaintiff to bring the action in a different state or jurisdiction where the defendant is located.
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[TRUE or FALSE] : governments can protect consumers from unsafe products by issuing a limit or a ban on such products.
The ______ allowed the manufacturer to determine whether a drug was to be labeled prescription or nonprescription.A. Harrison Act of 1914B. Food, Drug, and Cosmetic Act of 1938C. Anti-Drug Abuse Act of 1988D. Drug Abuse Control Amendment Act of 1965
The correct option is B; Food, Drug, and Cosmetic Act of 1938 , The brand name is created by the business that owns the patent on the medicine (trademark).
This name will be used to identify the medicine during the 17 years that the corporation will have exclusive rights to manufacture, sell, and use it under patent law. The Drug Abuse Control Act of 1965 is intended to prevent both the overuse and the unlawful trafficking of potentially harmful pharmaceuticals, particularly sedatives and stimulants, which are so essential in today's treatments.
The USP-NF gives access to FDA official standards. It is a specification reference for pharmaceutical production and quality control requirements (tests, processes, and acceptance criteria).
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What is strict liability in criminal law?
The concept of strict liability in the criminal law can be stated in relation to the non-application of mens rea, or a guilty mind to be proven in the court of law.
The strict liability can be referred to or taken into consideration as the liability wherein the person or defendant under legal question is to be interpreted as being guilty of the actus reus, without the requirement of proving a guilt in his or her mind at the time of committing the act. Under this method, the punishments are mostly non-bailable.
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What is the idea of comparative advantage implies that people or countries
Comparative advantage actually explains the reason behind why countries, people, or individual can benefit from trade.
Comparative advantage, economic theory, first created by nineteenth century English financial specialist David Ricardo, that ascribed the reason and advantages of worldwide exchange to the distinctions in the overall open door costs (costs as far as different products surrendered) of delivering similar wares among nations. In Ricardo's theory, which depended on the work hypothesis of significant worth (basically, making work the main element of creation), the way that one nation could deliver everything more productively than one more was not a contention against global exchange.
Comparative advantage is an economy's liability to create a specific decent or administration at a lower opportunity cost than its exchanging accomplices. Comparative advantage is utilized to make sense of why organizations, nations, or people can profit from exchange.
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What is the 13th 14th 15th Amendment simplified?
The 13th Amendment abolished slavery, the 14th Amendment granted citizenship to anyone born in the U.S., and the 15th Amendment granted voting rights to African-Americans. In simplified terms, these Amendments ensured equal rights for all citizens of the United States.
The 13th, 14th, and 15th Amendments to the United States Constitution are known as the Reconstruction Amendments. They were all adopted between 1865 and 1870, after the end of the Civil War, and were intended to guarantee the rights and freedoms of African Americans.
Here is a simplified explanation of each amendment:
This amendment granted citizenship to all persons born or naturalized in the United States, including former slaves, and guaranteed all citizens "equal protection of the laws." It also prohibited states from denying any person "life, liberty, or property, without due process of law." It was adopted on July 9, 1868.This amendment prohibited the federal government and state governments from denying a citizen the right to vote based on that citizen's "race, color, or previous condition of servitude." It was adopted on February 3, 1870.For more such questions on Amendment.
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What does discoverable mean in court?
Information or evidence that can be gained through the discovery process is referred to as discoverable in courts.
In a legal setting, information or evidence that can be gained through the discovery process is referred to as being "discoverable." The pre-trial stage of a case known as discovery gives both sides the chance to ask for and collect information and supporting documentation from the opposing side. Documents, witnesses, and other items pertinent to the case may be included in this information.
In a court, If information or evidence is pertinent to the lawsuit's claims or defences and is not shielded by the attorney-client privilege or another legal exception, it is deemed discoverable. Parties may utilise a variety of instruments throughout the discovery process, including interrogatories, demands for the production of documents, and depositions, to gather information from the opposing party.
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how many years do you get for involuntary manslaughter?
The punishment for involuntary manslaughter is imprisonment for a term that may extend to ten years, or with fine, or with both.
Involuntary manslaughter, also known as culpable homicide not amounting to murder, is defined in Section 304 of the Indian Penal Code.
It is a criminal offence that involves the death of another person due to the negligence, recklessness, or omission of the accused.
The punishment can be enhanced if certain aggravating circumstances are present, such as the commission of the offense with the knowledge that it was likely to cause death. In such cases, the punishment may be imprisonment for a term that may extend to life.
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maddie cannot read. she signs a cell phone agreement without being able to read the document. this is an example of:_____.
Maddie signing a cell phone agreement without being able to read the document is an example of an issue related to informed consent, specifically a lack of informed consent.
Informed consent is the process of obtaining permission from an individual before proceeding with a course of action, such as a medical procedure, research study, or contractual agreement. Informed consent requires that the individual providing consent has the capacity to understand the information being presented and to make an informed decision about whether to proceed. In this case, if Maddie cannot read the cell phone agreement, she may not have the capacity to understand the terms of the agreement or the implications of signing it. As a result, she may not be able to provide truly informed consent, which can raise ethical and legal concerns. It is important for individuals and organizations to ensure that individuals have the capacity to provide informed consent before proceeding with any action that requires their consent.
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Under the Great Compromise, small states were given an advantage in the
The Great Compromise recommended that each state receive two senators, regardless of population size.
In other words, larger states have more clout in the House, while the largest and smallest states have equal clout in the Senate. California, the most populous state in the Union, has 53 representatives in the House of Representatives. Alaska, North Dakota, South Dakota, Montana, Wyoming, Delaware, and Vermont are the only states with only one representative.
California, with approximately 40 million inhabitants, and Wyoming, with roughly 580,000, both hold two seats in the United States Senate. This figure is the same in every state, regardless of size.
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What is center for court innovation ?
The Center for Court Innovation can be regarded as a body that helps in creation of an effective center of serving human justice by the design and implementation of programs being operated by the members involved thereunder.
The Center for Court Innovation is a legally accepted justice system wherein the courts are being replaced for the serving justice in a fast and effective way. This body has the primary intention to remove the discrepancies of the official legal bodies that operate at the local and state levels.
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The Center for Court Innovation seeks to help create a more effective and humane justice system by designing and implementing operating programs, performing original research, and providing reformers around the world with the tools they need to launch new strategies.
a real estate brokerage firm, which is incorporated and headquartered in state a, has brought a federal diversity action in state a against one of its former employees for theft of trade secrets. the former employee had worked at the firm's headquarters throughout her employment but is now a citizen of state b. the firm seeks compensatory and punitive damages. the court has asked the parties to submit proposed jury instructions on punitive damages and the relevant authority to support those instructions. state a's choice-of-law rules select state a law, which limits punitive damages to five times the amount of compensatory damages. assume that the us supreme court has held that the constitution limits punitive damages to 10 times the amount of compensatory damages.
In this scenario, the court will need to reconcile the conflicting state law of state A and the constitutional limit set by the US Supreme Court. If the federal diversity action is brought in a federal court, then the federal court must apply federal law, including the constitutional limit set by the US Supreme Court.
In this case, the proposed jury instructions on punitive damages should reflect the constitutional limit of 10 times the amount of compensatory damages as set by the US Supreme Court. The relevant authority to support these instructions would be the US Supreme Court's decision limiting punitive damages to 10 times the amount of compensatory damages.
It's important to note that even though state A's choice-of-law rules select state a law, in a federal diversity action, federal law, including the US Constitution and US Supreme Court precedents, takes precedence over state law. The court must apply the federal law that provides the greater protection to the parties involved in the action.
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in 1998, a group applies for a permit to hold a rally. the local government denies the permit, claiming that the group has advocated publicly for violence and the rally is likely to be dangerous. the group sues, claiming the government has violated their rights under the first amendment. if the case was to reach the supreme court, which standard would be most likely to be applied?
Answer:
Explanation:
The answer: Imminent lawless action
What are the 4 technical-vocational-livelihood?
The four technical-vocational-livelihood (TVL) tracks in the Philippines are Industrial Arts, Information and Communications Technology, Home Economics and Agri-Fishery Arts.
1. Industrial Arts: This TVL track focuses on developing skills related to trade, craftsmanship, and industrial processes.
2. Information and Communications Technology (ICT): This TVL track is designed to prepare students for careers in the rapidly growing field of information and communications technology.
3. Home Economics: This TVL track focuses on developing skills related to the management of the household, including cooking, baking, sewing, and other skills related to food preparation, clothing, and interior design.
4. Agri-Fishery Arts: This TVL track focuses on developing skills related to agriculture and fisheries.
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True or False: government officials can obtain search warrants only if they can show to believe that the search will uncover specific evidence of criminal activity.
True. Government representatives may only obtain search warrants in the majority of nations, including the United States, if they can convince a court or magistrate that there is a reasonable suspicion that the search
A government is a structure or a collection of individuals with the power to rule or administer a nation or region. It is accountable for creating and enforcing laws, offering public services, and preserving stability and order in society. Governments can exist in a wide variety of structures, such as democracies, monarchies, dictatorships, and others. The kind of government in place may have a big influence on how its population live and how it interacts with other nations. Typically, elected or appointed individuals who are in charge of representing and advancing the interests of their citizens run governments.
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What is DISA Code of Ethics?
The DISA Code of Ethics are the official ethical conducts given by the Doon Independent School Association, and are to be followed by the schools under its enforcement.
DISA, or the Doon Independent School Association, is the official governing body of the schools and high schools operating across the United States. DISA has also put forth some code of ethics that are to be followed by the schools under their jurisdiction. These code of ethics contain the expected conduct in which the schools shall function and govern themselves.
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