28 U.S.C. 1391 is a federal law that defines the venue for civil suits in federal court. It states that the proper venue for a federal civil case is a judicial district in which the claim arose, where the defendant resides, or in which a substantial part of the events or omissions giving rise to the claim occurred.
It is a section of the United States Code that outlines the rules for determining the proper venue for a civil action in federal court. The section includes three subsections that address the different types of civil actions that may be brought in federal court:
- Subsection (a) addresses actions involving federal question jurisdiction.
- Subsection (b) addresses actions involving diversity jurisdiction.
- Subsection (c) addresses actions involving alienage jurisdiction.
Each subsection provides specific criteria for determining the proper venue for a civil action. For example, subsection (a) states that a civil action arising under federal law may be brought in the judicial district where any defendant resides, if all defendants reside in the same state, or in the judicial district where a substantial part of the events or omissions giving rise to the claim occurred. Subsection (b) provides similar criteria for actions involving diversity jurisdiction, and subsection (c) provides criteria for actions involving alienage jurisdiction.
In general, 28 USC 1391 is designed to ensure that civil actions are brought in the most appropriate federal court, taking into account the convenience of the parties and witnesses, the interests of justice, and other relevant factors.
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True or false statment, a contract entered into by an intoxicated person is never valid.
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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First day you can submit tax returns for the previous year, although you likely will not have received necessary documents to file.
1. True
2. False
It is highly appropriate to mention that the individual assessee can submit their tax returns for the previous year even if they do not have the required filing documents on the very first day. Thus, the statement given above is to be held as true.
Tax returns are necessary to be filed by every individual who makes an income over the specified limit during a financial year, also known as the previous year. Each individual who files his or her tax returns is known as the assessee, and may submit the tax returns even before receiving the necessary credentials.
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You own a German Shepherd named Max who you love and adore. You are aware that Max is sometimes aggressive with new people. Because of that, you are usually very careful to prevent Max from running out of the house unleashed. One day, as you open the door to bring in the mail, Max escapes out of the door and attacks a woman walking in the vicinity of your home. The woman suffers significant injuries on her right arm, some of which she claims will leave permanent scars. You feel very bad about this. The woman is now suing you for $18,000 to cover her alleged medical bills, missed time at work, and pain and suffering.To prepare for the trial, you would like to review the womanâs medical records, medical bills, work schedule, and salary. Additionally, you would like to have a doctor of your choosing examine her arm and assess the true extent of the injuries.What is the procedure a defendant uses to learn more about a plaintiffâs claim before trial?voir diremotion for a directed verdictdiscoverypretrial conference
In the above situation, it may be stated that the defendant will use discovery as the aspect for learning more regarding the claim made against him by the plaintiff before a trial. Therefore, the option C holds true.
A defendant may be regarded as the person who is under question while being heard in a trial in the court of law. Moreover, it is also to be interpreted that the plaintiff is the one who makes the charges against a defendant. In order to know more about the charges made against him, the defendant actually uses the procedure of discovery before ultimately moving into the trial.
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Complete question
You own a German Shepherd named Max, who you love and adore. You are aware that Max is sometimes aggressive with new people. Because of that, you are usually very careful to prevent Max from running out of the house unleashed. One day, as you open the door to bring in the mail, Max escapes out of the door and attacks a woman walking in the vicinity of your home. The woman suffers significant injuries on her right arm, some of which she claims will leave permanent scars. You feel very bad about this. The woman is now suing you for $18,000 to cover her alleged medical bills, missed time at work, and pain and suffering. To prepare for the trial, you would like to review the woman's medical records, medical bills, work schedule, and salary. Additionally, you would like to have a doctor of your choosing examine her arm and assess the true extent of the injuries.
What is the procedure a defendant uses to learn more about a plaintiff's claim before trial?
A. Voir dire
B. motion for a directed verdict
C. discovery
D. pretrial conference
a woman was arrested, given miranda warnings, and questioned about an armed robbery. after she asked to speak with an attorney, the police stopped questioning her about the robbery. several hours later, the police
The police should have complied with the woman's request for counsel, hence the court should uphold the objection. A Miranda (5th Amendment) right to counsel may be exercised at any time before or during an incarcerated questioning.
In the event that the accused exercises this right, all questioning must stop until the accused either requests an attorney or starts new inquiries. As a result, it was improper for the police to question the woman about the robbery, and her remarks can be omitted.
A is erroneous. If an accused exercises their right to remain silent following Miranda warnings, the police cannot badger them. The police can rewarn the accused and then restart interrogation, according to court decisions, if they carefully adhere to the request.
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Correct Question:
A woman was arrested, given Miranda warnings, and questioned about an armed robbery. After she asked to speak with an attorney, the police stopped questioning her about the robbery. Several hours later, the police gave the woman a fresh set of Miranda warnings and began to question her about a different robbery. She did not repeat her request for an attorney and instead made several incriminating statements about the robbery. At the woman's trial for the robbery for which she made incriminating statements, the prosecution seeks to have her statements introduced into evidence.
If the woman's attorney objects on appropriate grounds, the court should:
what is article 2 of the constitution summary?
Article 2 of the United States Constitution establishes the executive branch of the federal government, including the roles and responsibilities of the President of the United States.
Article 2's key provisions are as follows:
Section 1 outlines the requirements and method for selecting the President and Vice President.
Section 2 covers the President's responsibilities and duties, including the authority to serve as Commander-in-Chief of the armed forces.
Section 3 mandates that the President deliver an annual State of the Union address to Congress and gives the President the authority to summon both houses.
Section 4 lays out the processes for removing the President and other officials from office in the event of impeachment or conviction for "high crimes and misdemeanours."
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Charlotte (32) is married. However, she and her two children, Francis (3) and Cassandra (5), moved back in with her parents in 2019, after she separated from her husband. She will not be filing a joint return with her husband. They are all U.S. citizens and have social security numbers that are valid for employment. Charlotte's divorce had not been finalized by the end of 2021, but her husband did not live with her during the year. The children stayed with him 150 nights and the rest of the nights with Charlotte. He did not pay any of her household expenses. Since the separation, Charlotte and her children have lived in the finished basement apartment that her parents used to rent to local college students. Charlotte pays more than half the cost of maintaining the apartment, and neither of the children provided any of their own support. Her 2021 wages and AGI were $43,250 which was $4,236 higher than her 2019 earned income. Francis and Cassandra had no income. Charlotte had no other income including foreign income. She will not be releasing any dependent exemptions for which she may qualify.
What is Francis' dependency status for Charlotte?
Note that with regard to dependency status, Francis is Charlotte's dependent child for tax purposes as he lived with her for over half the year and did not provide any of his own support.
What is dependency Status?Dependency status refers to the classification of a person as a dependent for tax purposes.
This classification determines who is responsible for providing support for the individual, and who can claim them as a dependent on their tax return for certain tax benefits.
A dependent can be a qualifying child or a qualifying relative and must meet certain criteria, including living with the taxpayer for over half the year, not providing over half of their own support, and meeting relationship, age, and support tests.
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what did alexander hamilton and other federalists believe the new nation needed?
Alexander Hamilton and other federalists believe the new nation needed a federal system of governance in which contain weaker state governance and a stronger union.
The clashes of 1788 over ratification of the Constitution more than nine state conventions, Federalist supporters like alexander backed for a strong union and the adoption of the federal Constitution where as Anti-Federalists opposed the creation of a stronger national government and to decentralize the attention over Confederation, making it difficult for the union to take a control over states. The federal group was supported by big businesses, agencies, farmers, and local merchants in order to empower the union the control over state rule and order. These federalists favored a powerful union and a feeble state governments, and the officials to be elected for longer duration, they did not favored democracy. In a nutshell, they wanted the control of maximum power should be dedicated in the hands of the union so that it can regulate the state policies as well.
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what is 1040 schedule c form ?
A tax form used by sole proprietors in the United States to submit their company revenue and expenditures to the Internal Revenue Service (IRS) is known as Schedule C, also known as the "Profit or Loss from Business" form, or 1040.
The total profit or loss of a company is determined using this form and is then declared on the owner's personal income tax return. The document requests specific information from the company owner regarding their operations, including gross receipts, cost of products supplied, and various business expenditures.
Individuals who are sole owners and who derive a net profit from their company of at least $400 must submit Schedule C along with their personal income tax return. It's important to keep in mind that Schedule C may not be necessary if a business is run as a partnership or corporation; instead, another tax form may be needed.
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______ law defines the rights and duties of individuals and organizations (including businesses). a. Civil b. Criminal c. Competitive d. Administrative
Answer: A
Explanation:
A. Civil Law - Civil law is a branch of law that defines the rights and duties of individuals and organizations in relation to one another. It covers a wide range of topics including contracts, torts, property law, family law, and probate. Civil law helps to resolve disputes between individuals or organizations and establish rules for how they should interact.
Some people believe that COPPA requirements violate freedom of speech without censorship guaranteed by the. Amendment. a. Fourth b. Seventh c. First d. Second.
Some people believe that COPPA requirements violate freedom of speech without censorship guaranteed by the Seventh Amendment.
The correct option is B
A U.S. statute called COPPA is designed to safeguard children's online privacy from the dynamic nature of the internet.
The legislation, which took effect on April 21, 2000, relates to the online gathering of personal data about children under the age of 13 by persons or companies subject to U.S. jurisdiction, including children outside the U.S. if the website or service is headquartered there.
It outlines what a website operator must include in a privacy policy, when and how to obtain verifiable consent from a parent or legal guardian.
It also mentions what duties an operator has to protect children's privacy and safety online, including limitations on marketing to those under the age of 13.
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Which of these early amendments to the Constitution guarantees the government will provide just compensation for private property that it takes?a. Secondb. Fifthc. Eighthd. First
The fifth amendments to the Constitution of United States guarantees the government will provide just compensation for private property.
Hence, the correct option is B.
The 5th amendment act under the constitution of U.S. creates several constitutional rights, limiting the powers of the government over the criminal and civil matters. The amendment applies to every level of the government either union or the state. It protected the rights of the accused, the right to grand jury which forbids double jeopardy and protect incrimination. It ensures various rights of the citizens such as life liberty and property, it help in ensuring that no person should be convicted without proper judicial intervention. The fifth amendment outlines the constitutional limits of police procedures. It also covers civil procedures related to property and acquisition. It is basically a bill of rights.
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what did the members of the new united nations security council all have in common?
In the new United nations security council,all 16 members have a right to raise their concern.
The Union Security Council initially comprised of 11 non-permanent members — five permanent members (the Republic of China [Taiwan], France, the Soviet Association, the Unified Realm, and the US) and six nonpermanent individuals chose by the UN General Gathering for two-year terms. An alteration to the UN Contract in 1965 expanded committee enrollment to 15, including the first five extremely durable individuals and 10 nonpermanent individuals.
Among the long-lasting individuals, Individuals' Republic of China supplanted the Republic of China in 1971, and the Russian Organization succeeded the Soviet Association in 1991. The nonpermanent individuals are for the most part decided to accomplish evenhanded portrayal among geographic districts, with five individuals coming from Africa or Asia, one from eastern Europe, two from Latin America, and two from western Europe or different regions. Five of the 10 nonpermanent individuals are chosen every year by the Overall Get together for two-year terms, and five resign every year. The administration is held by every part in pivot for a time of one month.
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TRUE OR FALSE trade dress can be any word, name, symbol, device, or combination of these used to identify a product.
It is highly appropriate and completely correct to state the fact that trade dress is a word, symbol, name, device, as well as any combination of these, which may be used specifically for the identification of a product. Therefore, the statement given above is to be held as true.
The Trade Dress can be easily taken into understanding as something that takes the procedure to identify the products in any way other than their original characteristics or features. Ideally, a trade dress consists of symbols, names, devices, or word, or any combinations of these for the purpose given thereunder.
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the fair use rule of copyright law explains __________.
The fair use rule of copyright law explains when free use of copyrighted material is acceptable.
Fair use is a principle in US regulation that licenses restricted utilization of protected material without having to initially obtain consent from the copyright holder. Fair use is one of the limits to copyright expected to adjust the interests of copyright holders with the public premium in the more extensive dispersion and utilization of imaginative works by permitting as a guard to copyright encroachment guarantees specific restricted utilizes that could somehow be considered infringement.
Dissimilar to "fair managing" privileges that exist in many nations with an English lawful history, the fair utilize right is an overall exemption that applies to various sorts of purposes with a wide range of works and turns on an adaptable proportionality test that looks at the reason for the utilization, the sum utilized, and the effect available of the first work.
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do congress members get paid extra for serving on committees?
No, it has been made very clear that the members of the Congress do not get paid anything extra for being a serving member of the committees that they are a part of.
The Congress is the second most powerful authority in the United States after the supreme position of the president. Moreover, the Congress members are also under an obligation to serve as committee members for specific activities. However, they do not get any additional remuneration for the same, since it is a part and parcel of their work duties.
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Is Genesis FS Card Services legitimate?
Yes, Genesis FS Card Services is a legitimate financial services provider. They offer services such as credit cards, checking and savings accounts, debit cards, and more. Their services are backed by a full FDIC insurance and are regulated by the Consumer Financial Protection Bureau. Furthermore, they are committed to upholding the highest standards of customer service and security.
It is a subsidiary of Genesis Financial Solutions, which has been providing consumer financing solutions to customers for over 20 years. Genesis FS Card Services offers a range of credit card products to customers with less-than-perfect credit, including the Indigo® Mastercard® and the Milestone® Gold Mastercard®. The company is headquartered in Beaverton, Oregon and is registered with the Better Business Bureau (BBB). While it is a legitimate company, it is always important to carefully read the terms and conditions of any credit card offer and to be aware of any fees or interest rates associated with the card.
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what was the primary purpose behind the 14th amendment, as stated in this excerpt?
To stop the Supreme Court from invalidating the Civil Rights Act, radical Republicans fought that was the primary purpose behind the 14th amendment.
The 14th Amendment to the Constitution, which includes recently freed former slaves, was ratified on July 9, 1868, providing citizenship to "all individuals born or naturalised in the United States." Aside from that, it forbids states from "depriving any person within its jurisdiction of life, liberty, or property, without due process of law" or from "denying to any person within its jurisdiction the same protection of the laws."
Because to its specific reference of the role of the states, the 14th Amendment, that is more frequently cited in the court decisions than any another amendment, considerably expanded the protection of civil rights for all the Americans.
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Officers usually record information on how the evidence was handled on the
evidence bags
search warrant
court order
intake form
which of the following standards organizations sets the standards that govern how much of the internet operates and develops and promotes voluntary internet standards, in particular the technical standards that comprise the internet protocol suite?
The Internet Engineering Task Force (IETF) "sets the standards that govern how much of the internet operates and develops and promotes voluntary internet standards, in particular the technical standards that comprise the internet protocol suite"
The IETF consists of a vast number of working groups as well as some informal discussion groups, each of which deals with a specific issue. The organization was formerly funded by the US government, but it is currently administered by the nonprofit Internet Society Organization. Employers or other sponsors generally subsidise their work.
The Internet Engineering Task Force (IETF) is represented by the Internet Engineering Steering Group (IESG), which includes a chair and region directors.
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The given incomplete, the complete question is:
which of the following standards organizations sets the standards that govern how much of the internet operates and develops and promotes voluntary internet standards, in particular the technical standards that comprise the internet protocol suite?
a)The Internet Engineering Task Force.
b) The Internet Corporation for Assigned Names and Numbers
c) Bothe and B
D) None
true/false. the virginia statute for religious freedom provided the inspiration for the establishment clause in the and informs supreme court decisions on religion.
The establishment clause in the First Amendment was modeled after the Virginia Statute for Religious Freedom, which also influences judgments made by the Supreme Court on religion.
What is Virginia Statute for Religious Freedom?
One of the most significant texts in the early history of American religion was the Virginia Statute for Religious Freedom. It signaled the conclusion of a ten-year battle in Virginia for the separation of church and state, which served as the impetus for the First Amendment's religious protections, which were passed in 1791. The bill, which Thomas Jefferson drafted in 1776 and the Virginia General Assembly approved in 1786, was the first effort in the young country to limit the role of the government in religious issues.
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What is the chief executive of government?
The President of the United States of America is also given the delegation to be in the position of the chief executive of the American government.
The American President is referred to or taken into understanding as the person who holds the highest position of authority in the United States. He holds some executive powers, and has the rights to execute them at his or her own will. Since the president is the highest authority to hold executive powers, he is the American chief executive of the government. These powers are available under the provisions of the constitution.
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III . Think and write: Which statements refer to civil laws and which statement refer to criminal laws
1) A law that deals with people’s rights . ______
2) A law that is designed to protect people from others . _________
3) With this law, disputes are settled by a jury. __________
4) A law that deals with people who break national laws. ________
5) A law that is designed to keep society safe . ___________
1) A law that deals with people’s rights—civil law.
2) A law that is designed to protect people from others—criminal law.
What is Civil law?Civil law is an international legal system that has its roots in mainland Europe. Roman law serves as the intellectual foundation for the civil law system, and its key concepts have been codified into a referable system, which is the main source of legislation.
3) With this law, disputes are settled by a jury-Civil law.
4) A law that deals with people who break national laws-Criminal law.
5) A law that is designed to keep society safe—Civil law.
The corpus of law that deals with crimes are known as criminal law. It forbids behavior that is deemed to pose a threat to, be detrimental to, or otherwise pose a risk to the possessions, health, safety, and moral well-being of others, including oneself.
Therefore, statements related to civil laws and criminal laws are stated above.
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how many times is the word privacy mentioned in the constitution
The word privacy is not specifically mentioned anywhere in the Constitution of India, therefore the answer is zero times.
The Supreme Court in the landmark case of K. S. Puttaswamy v. Union of India declared right to privacy to be forming part of Article 21 of the Constitution and thus a fundamental right. Hence, the right to privacy under the Constitution of India is the result of judicial precedents and not coming directly from the language of the Constitution.
In the Puttaswamy case, the constitutional validity of the Aadhar based biometric system was in question and right to privacy was held to be part of right to life and personal liberty as enshrined under Article 21 of the Constitution.
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What is speech plus action?
The speech plus action means the incorporation of spoken or written communication made towards a party with an intention of conveying the message related thereto.
The speech plus can be referred to or considered as the form of communication or a symbolic behavior shown by an individual wherein the action taken as a part of communication, whether oral or written, leads to the commitment of civil disobedience. Moreover, the speech plus is not considered to be an ideal form of leading an effective communication.
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Discuss various social movements and Critically analyse the arguments of social scientists who claim that Revolutionary social movements bring about profound changes. To what extent do you agree or disagree with this claim?
which amendment to the constitution guarantees due process and equal protection rights to all citizens?
The Due Process and Equal Protection Clauses are found in the 14th Amendment to the United States Constitution.
What is 14th Amendment: Due Process and Equal Protection Clauses?One of the most significant constitutional amendments in American history is the 14th Amendment to the United States Constitution, which was ratified in 1868. To guarantee that newly freed slaves received the rights and protections given to them as citizens, it was passed after the Civil War. Since then, the amendment has been construed to provide protections to all citizens, irrespective of their color, gender, or other personal traits.
The 14th Amendment's Section 1 contains the Due Process Clause, which safeguards people from the government's capricious or unfair actions. No state may "deprive any person of life, liberty, or property, without due process of law," it says. The Due Process Clause has been interpreted to protect both procedural due process—which calls for the government to follow fair and reasonable procedures when taking away someone's life, liberty, or property—and substantive due process, which shields some fundamental rights, like the right to privacy, from infringement by the government.
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when arne johnson case?
The Arne Johnson case, also known as the "Devil Made Me Do It" case, took place in 1981.
In 1981, the Arne Johnson case, popularly known as the "Satan Made Me Do It" case, occurred. In Brookfield, Connecticut, Arne Johnson was accused with the murder of his landlord, Alan Bono. Johnson's defence argued during his trial that he was not accountable for the murder because he was possessed by a demon at the time. This was the first recorded court case in US history to use demonic possession as a defence. Nonetheless, the defence was rejected by the jury, and Johnson was convicted guilty of first-degree manslaughter.
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What are the 3 amendments that have to do with civil rights?
The 3 amendments under the American National Constitution that are to provide protections of civil rights, include the thirteenth, fourteenth, and fifteenth amendments.
There are a number of amendments in the American Constitution that are intended to provide different types of protections of rights to the citizens in different fields. Thus, the civil rights and the fundamental rights of the civilians living in the American society are also protected under the thirteenth, fourteenth, and the fifteenth amendment given thereunder.
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stin wants to file a suit against Mikayla. For a court to hear the case
a. Mikayla must agree.
b. the court must have jurisdiction.
c. the court must issue a deposition.
d. the parties must own property.
Answer:
B. the court must have jurisdiction.
Explanation:
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what was the significance of american victories at iwo jima and okinawa?
After getting victories at Iwo Jima and okinawa,American got control over strategic locations of Pacific ocean.
The Battle of Iwo Jima and Okinawa in 1945 without a doubt saw some of The Second Great War's fiercest battling. The two commitment happened towards the finish of the Pacific Conflict, as the US looked to catch decisively significant domains in front of an arranged intrusion of Japan. The two fights brought about immense quantities of losses.
As we currently know, America's arranged attack of Japan won't ever occur. All things considered, two nuclear bomb assaults on the Japanese urban areas of Hiroshima and Nagasaki, along with the Soviet Attack of Manchuria, at long last broke Japan's difficult purpose.
With the advantage of knowing the past, we could in this manner question the need the US's commitment to Iwo Jima and Okinawa, particularly given the colossal misfortunes that the two fights caused.
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