The exercise of judgment by a judge or court is referred to as "judicial discretion" in Black's Law Dictionary.
What is meant by discretion of the court?A judge's ability to decide based on their unique assessment and the fundamentals of the law is referred to as their judicial discretion. Courts have a great deal of power thanks to judicial discretion, which is used when the legislature permits it.
For instance, courts in Ohio may grant a fresh trial based on their "sound discretion" under Rule 59 of the state's civil procedural laws.
In criminal law, certain parts of the penal code, such as California's penal code 17(c), may provide judges the freedom to choose from a variety of penalties for certain offences. Because each case is unique
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what is the role of the necessary and proper clause?
To enact all laws necessary and appropriate for carrying out the aforementioned powers as well as all other powers granted to the United States government, or to any department or officer thereof, by this constitution.
Congress has the authority to "make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or any Department or Officer thereof," as stated in Article I, Section 8 of the Constitution.
The Necessary and Proper Clause gives Congress the authority to enact special laws that direct other government departments to investigate or decide on specific claims, whether they are brought by the government or by private parties.
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The way that power is sorted between a central government and lower governments is known as
O distribution of power
O public good
O evoluntionary theory
O institution
a surfer from state a brought a diversity action against a hairdresser from state b in state b federal court. the surfer's single-count complaint sought damages for injuries he suffered from a car accident in state c when he was a passenger in the hairdresser's automobile. state c's guest statute provides a valid defense to the surfer's claim but neither state a nor state b has a guest statute.
ERIE STATE VS STATE HYPO Q, the doctrine used here is Erie doctrine in a federal court.
Eries state vs state HYPOQ, in a federal court, the doctrine applied was Erie doctrine.
The doctrine of Erie is based in the United States, it confines a federal state when confronted with the issue whether to use a federal law or state law in a lawsuit, it must apply state law statute on substantive law. The doctrine comes into existence when their is no specific mention of federal jurisdiction over the lawsuit filed, then the lawsuit follows the doctrine of Erie, It is the fundamental legal doctrine of all civil matters in the courts of United State.
Therefore, in the case where a surfer from state a brought a diversity action against a hairdresser from state b in federal court the court addresses the doctrine of Erie.
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The given question is incomplete, we did not find anywhere so the answer is in general form.
What is the definition of political ideology
A political ideology may be defined as an ideology that gives idea about the way in which the political functioning of a society must take place, which may differ based on a number of internal as well as the external factors.
A political ideology can be referred to or taken into consideration as an ideology that is revolving around the political functioning of a society. The ideas in reference to democracy, monarchy, communism, etc. can all be considered as the different definitions of political ideologies that exist in the society.
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Fill in the blankyou follow the traffic laws and rules because you believe they are legitimate and good for public welfare. at the same time, you recognize that sometimes there can be a legitimate reason for driving through a red light. you are demonstrating the ____ orientation stage of moral development.
You follow the traffic laws and rules because you believe they are legitimate and good for public welfare. At the same time, you recognize that sometimes there can be a legitimate reason for driving through a red light. You are demonstrating the post-conventional orientation stage of moral development.
This stage is characterized by an individual's ability to recognize and understand social contracts and principles, as well as the willingness to act in accordance with these values, while also recognizing that there may be situations in which the rules may need to be questioned or overridden for a greater good.
It is the last stage in Lawrence Kohlberg's theory of moral development. In this stage, individuals move beyond the conventional rules and expectations of society and begin to develop their own moral principles and values. This stage is often associated with adulthood and is not always reached by all individuals.
They believe that morality is based on universal ethical principles, such as justice, equality, and human rights, rather than just following the laws and rules of society.
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which of the following regulates who may practice by defining educational and experience criteria and by stating the conditions under which a license may be revoked?
The state licensing laws regulates who may practice by defining educational and experience criteria and by stating the conditions under which a license may be revoked.
State licensing laws means a law under which the bureau issue a license, registration or other authorization procedure to practice any occupation or profession or services. Theory of license has its origins in antiquity and derivative of the authority of the sovereign, it gives the power to maintain balance by constitutional protection of federal state. Licensing requires careful legislation and administrative regulations to ensure their control upon the rights guaranteed, these powers are exercised by the federal government in United States by state and local authorities. While the regulation of corporate activities is primarily in control of the federal government under the commerce clause.
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the landmark supreme court decision in 1948 by the u.s. government in the anti-trust case against the major studios for unfair monopoly over the entertainment industry was called
The landmark Supreme Court decision in 1948 by the U.S. government in the anti-trust case against the major studios for unfair monopoly over the entertainment industry was called United States v. Paramount Pictures, Inc., 334 U.S. 131 (1948).
United States v. Paramount Pictures, Inc., 334 U.S. 131 (1948), was a landmark Supreme Court ruling by the United States government in the anti-trust action against the major studios for unfair monopoly over the entertainment industry (1948). This is known colloquially as the "Paramount case" or the "Hollywood antitrust case." The court determined that the big studios had broken antitrust rules by engaging in unfair commercial practices, and it ordered them to divest their theater holdings and reform their distribution policies. The ruling had a huge impact on the film business and paved the path for increased competition and creativity.
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a federally related transaction is one in which the loan won't be sold on the secondary market and isn't guaranteed or insured by the federal government.
A federally related mortgage loan is one that is either insured or guaranteed by a federal agency. These loans may be sold on the secondary market.
Therefore, the statement provided is incorrect.
Guaranteed by federal agency or entity such as the Federal Housing Administration (FHA), the Department of Veterans Affairs (VA), or the Rural Housing Service (RHS). These loans may be sold on the secondary market, but they are still considered to be federally related transactions because they are backed by a federal agency.
A federally related transaction is a real estate transaction in which a federal financial institution regulatory agency has regulatory authority, and it includes certain types of mortgage loans.
These transactions are subject to various federal laws and regulations, such as the Real Estate Settlement Procedures Act (RESPA), which sets forth guidelines for real estate transactions involving a federally related mortgage loan.
It's important to have a clear understanding of what constitutes a federally related transaction, as they are subject to specific rules and regulations that are designed to protect consumers and ensure transparency in real estate transactions.
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if copyrighted material does not fall under fair use, can you use it? how?
If I want to use copyrighted material that does not fall under fair use,I will have to license it in order to get permission to post it.
Fair use is a convention in US regulation that licenses restricted utilization of copyrighted material without having to initially get 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 conveyance and utilization of imaginative works by permitting as a safeguard to copyright encroachment guarantees specific restricted utilizes that could somehow be considered infringement.
Dissimilar to "fair managing" freedoms 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.
To involve copyrighted material in a manner that doesn't fall under fair use, I will need to permit it to get consent to post it. In the event that you're keen on buying the freedoms to utilize pictures, video, and different media in your work, you might need to visit the accompanying stock photograph destinations
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what is the difference between an executive order and a law?
Executive order and a law are differentiated on the basis of its implementation.
An executive order is issued by either the President of the United States or the Governor of a state. From the President, the orders concern operation of the federal government. Governors often use them in matters related to public health. An executive order has the force of law, meaning there could be consequences for violating it. Issuing an executive order is also typically much faster than passing a law. A law requires congressional approval and can be repealed by congress, which is not the case with an executive order. A new order would have to be created to eliminate an executive order that is in place, and once the governor leaves office, the executive orders are deemed invalid. There are certain similarities also such as, both executive orders and laws may carry a punishment for violation. They are also both extensively documented and officially recorded. In the case of Presidential executive orders and federal laws, both of them fall under the Code of Federal Regulation, which is the official record of all federal rules and regulations.
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which specialized unit did the memphis police department disband in the wake of tyre nicholsâs death?
The unit in the name of SCORPION may be regarded as a specialized unit that the Memphis Police Department started to disband in the wake of Tyre Nicholas' assassination.
The police departments may be referred to or considered as the special divisions within the police authorities of a particular region. These departments are given the responsibility to look only after a dedicated set of activity, and help the authorities achieve their desired goals from the department thus formed. SCORPION is a similar-specialized unit under the Memphis Police Department.
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what is juche political ideology
Juche is a political ideology developed by North Korean leader Kim Il-Sung in the 1950s. It is a nationalistic ideology which advocates self-reliance and a strong focus on the preservation of North Korea’s sovereignty and independence. Its core principles include military first policy, “revolution in construction”, and “independence in foreign affairs”.
Juche political ideology, also known as Juche Thought or Jucheism, is a political and economic ideology that emphasizes self-reliance, national independence, and self-sufficiency. It was developed by North Korean leader Kim Il-Sung in the 1950s and has been the guiding principle of North Korean governance and policy ever since.
Juche is based on the belief that the people of a country are the masters of their own destiny and should be able to control their own political and economic systems without outside interference. It also advocates for a strong military to protect the country's independence and sovereignty.
It has been heavily criticized by many outside of North Korea, who argue that it has led to isolation, economic stagnation, and human rights abuses. However, it remains a central aspect of North Korean ideology and is often cited by the country's leaders in their speeches and policy decisions.
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A woman sued her ex-husband for installments due under their divorce property settlement agreement. The ex-husband defended the suit on the ground that the ex-wife was in breach of the agreement. However, the court granted judgment for the ex-wife. Now, the ex-wife is suing her ex-husband for other installments due under the agreement. The ex-husband raises the defense that the agreement was void and illegal because of fraud perpetrated by his ex-wife at the time the agreement was signed. The ex-wife moves to strike her ex-husband's defense, claiming issue preclusion.
Should the court grant the motion?
In the court case given above, it is to be assumed that the court will ideally not grant the motion to the parties involved, because a litigation for the issue was not made by any of the parties related thereto.
A court case is subjected to be given motion by the judge only when the judge is of the opinion that the essentials of the case do have a strong reason to be fought in the court of law. Moreover, litigation of the essentials of the case is also an important prerequisite before the judge grants the motion in the court cases.
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which of the following courts has no authority to set precedence when it comes to providing a source of tax law?
The Small Claims Division of Tax Court typically has no authority to set precedence when it comes to providing a source of tax law.
The body of law that governs the assessment and collection of taxes by government authorities is referred to as tax law. Tax law comprises a wide range of rules and regulations that apply to various sorts of taxes, such as income tax, property tax, sales tax, and excise tax. Tax law also comprises measures for the administration of tax policies and programs, as well as provisions for the enforcement of tax laws, the resolution of disputes between taxpayers and the government. Tax law is complicated and subject to frequent modifications and updates at both the federal and state levels.
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The following question may be like this:
Which of the following courts has no authority to set precedence when it comes to providing a source of tax law?
a. U.S. Court of Federal Claims.
b. U.S. Supreme Court.
c. Small Cases Division of Tax Court.
d. Tax Court (regular decisions).
e. U.S. Court of Appeals.
a zone where no state exercises complete political control.
A zone where no state exercises complete political control is called a frontier.
A put that is on the edge of a state's political or actual boundaries and over which the state has practically no viable control is regularly alluded to as a wilderness. A boundary fills in as an obstruction between states even while it brings neighbors into prompt contact, improving the probability of brutality.
This can be credited to various variables, including landscape, social contrasts, or an absence of assets. Outskirts can go about as focuses of correspondence and exchange between different individuals and human advancements expand to being destinations of contention.
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the state board of nursing has brought action against a nurse's license based upon violation of a regulation. what statement is correct about this nurse's action?
Based on the information given, the following statement is correct about the nurse's action, the nurse has allegedly violated a regulation that is enforced by the state board of nursing, which has taken action against the nurse's license.
This means that the board has initiated a disciplinary process against the nurse, which may result in sanctions or penalties such as fines, suspension, or revocation of the nurse's license.
It's important to note that without additional information, it's impossible to determine the nature of the alleged violation, the severity of the disciplinary action, or the specific regulations or laws involved.
Nurses are held to high standards of professional conduct and ethical behavior, and they must comply with all applicable laws, regulations, and standards of practice to protect the health and safety of their patients.
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what is 20th amendment simplified?
The expiration and start dates of the President's and Congress' terms were altered by the 20th amendment.
A contract, law, government regulatory filing, or other document's terms can be changed, modified, or added to. The amendment is the term used to describe changes made to a nation's constitution. The Lame Duck Amendment, or 20th Amendment, to the United States Constitution altered the dates on which the terms of the President and Congress ended and began. The president's term expired on March 4 before the amendment, and the new president took office on that day.
The result was a protracted lame duck period between the November election and the beginning of the next President's term in March. Because of the Amendment's reduction of this time frame, the current President's tenure now ends on January 20 and the new President is sworn in on the same day. Moreover, it changed the start date of the new Congress from March 4 to January 3 in the year 2018. Now, there will be less time among the presidential inauguration and the election, allowing the new Congress to get down to business faster.
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Which of the following is a reason in favor of using alternatives to incarceration?A. it greatly increases recidivismB. It allows offenders to take greater advantage of counseling options.C. It is the same cost as incarceration, but with better outcomes.D. It provides greater seclusion of offenders.
Using incarceration allows offenders to take greater advantage of counseling options.
Hence, the correct option is B.
Incarceration is a act of putting someone behind the bars or in prison or a place used as prison. The primary objective of incarceration is to ensure that the offenders desist from committing crime in the future. But instead it is a escape of criminals from severe punishment so that they can that advantage of the counselling option. Incarceration introduced the prison policy in the United States and recommended imprisonment or isolation of criminals in the form of punishment. It was considered as step to control the increasing crime rates in U.S., but its impact is was not extensive.
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if two parties have an on-going oral agreement that that one will ship and the other will accept 50 pounds of produce each week unless the buyer informs the seller one week before not to ship the next order, then the buyer's failure to speak up and tell the shipper not to send the produce:A: qualifies as acceptance of that week's delivery offer.
B: does not qualify as a valid acceptance of the offer.
C: fails as an acceptance for lack of timeliness.
D: cannot be held against them as acceptance of an offer.
In the example "if two parties have an on-going oral agreement that that one will ship and the other will accept 50 pounds of produce each week unless the buyer informs the seller one week before not to ship the next order, then the buyer's failure to speak up and tell the shipper not to send the produce" will qualify as the acceptance of that week's order.
Hence, the correct option in A.
Since the Law of Contracts is all about offer and acceptance, if the buyer does not inform the seller about not to ship the order, the seller will automatically assume that the order has to be sent out as it regularly occurs based on the oral agreement between the two.
Due to which the buyer will be compelled to accept that week's order because he failed to get his message across to the seller.
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The consolidated omnibus budget reconciliation act, which requires continued health insurance coverage (paid by the employee) following termination, is more commonly known as . O HIPAAO COBRAO OSHAO ADEA
The consolidated omnibus budget reconciliation act, which requires continued health insurance coverage following termination is known as COBRA.
COBRA requires employers with 20 or more employees to offer employees and their families the opportunity to continue their group health insurance coverage for a limited time after certain qualifying events, such as job loss, reduction in work hours, divorce, or death of the covered employee.
The employee is responsible for paying the full cost of the coverage, including the portion that the employer previously paid. The purpose of COBRA is to provide temporary insurance coverage for individuals who would otherwise lose their health insurance due to a qualifying event.
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If a business is expected to generate tax-favored income it may be better to choose the corporate business form.False.True
The statement "If a business is expected to generate tax-favored income it may be better to choose the corporate business form" is false.
Unlike other forms of businesses, the tax attributes of income and expenses items of the corporation do not pass directly to the shareholders. So in order to generate tax-favored income a different form of business should be selected. Under a Schedular system, it is common for separate taxes to be imposed on employment, business, and investment income. In corporate businesses tax revenue generation is quite difficult and the tax generated is very high. Commercial businesses such as hospitality, medical, human resources generally generate better tax-favored income then a corporate.
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Which democratic principle of the U.S. Constitution is Madison describing?A) RepublicanisB) Popular sovereigntyC) Checks and balancesD) Separation of powersE) Antifa
U.S. Constitution is Madison describing the democratic principle of Separation of powers.
The correct answer is Option C.
The founder of the Constitution, James Madison, spent five Federalist Papers to outlining how the Executive, Legislative, and Judicial departments were to be completely independent of one another while remaining connected by a complex system of checks and balances.
Madison thought that maintaining the separation of the three branches was essential to the preservation of liberty.
The basic definition of tyranny, according to Madison, may be said to be the concentration of all legislative, executive, and judicial functions in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective.
The three major departments of authority should be kept separate and distinct in order to create a just legal system that protects liberty.
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true/false. death is a dignitary who, when he comes announced, is to be received with formal manifestations of respect, even by those most familiar with him. in the code of military etiquette silence and fixity are forms of deference
True. Even even those who are most familiar with him, death is a dignitary who should be welcomed with ceremonial displays of respect when he is announced.
Silence and rigidity are examples of deference in the military's code of conduct. The majority of "An Occurrence at Owl Creek Bridge" maintains a steady tone, but there are a few instances, like this passage from the story's second paragraph, where the tone briefly changes.
The Union soldiers are preparing for Farquhar's hanging in a silent and formal manner until this quotation, which illustrates Bierce's love of aphorisms and epigrams, is said. There is a ceremonial quality to the ceremony, and the soldiers take their roles seriously. Their silent attention, says Bierce.
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T/F in a federal system, a central government is given power to act nationally, while states administer to local concerns.
FILL IN THE BLANK. The _____________Association is a professional association that focuses on auditing, control, and security and whose membership comprises both technical and managerial professionals.
Answer:
Information Systems Audit and Control or ISACA
Explanation:
Hope it helps:)
hich of the following states the principle of "popular sovereignty?"
The statement that states the principle of popular sovereignty is option b. The settlers in a given territory have the sole right to decide whether or not slavery will be permitted.
The principle of popular sovereignty was a controversial doctrine that was based on the idea that the people of the United States are free and sovereign citizens and are self-governed. This meant that the government existed to serve the citizens and if the converse occurred, it should cease to exist.
This principle when extended to slavery created a very controversial issue. According to this doctrine, individual federal states and settlers had the right to decide the laws of slavery.
This was a very debatable law and was always brought up for debate whenever the USA expanded its territories. This law was meant to make the bypassing of the much controversial slavery issue for politicians but due to the difference in opinions between the North and Southern states of America, the doctrine only created more problems.
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Complete Question
1. Which of the following states the principle of "popular sovereignty"?
a. Congress has the right to decide where slavery shall and shall not exist.
b. The settlers in a given territory have the sole right to decide whether or not slavery will be permitted there.
c. Individual citizens can decide for themselves whether or not to hold slaves.
d. The American people shall decide where slavery will exist through a national plebiscite.
e. Individual states have the right to reject congressional decisions pertaining to slavery.
true/false. georgia is at a crowded carnival. as she's trying to get to the corn dog stand, someone in the crowd accidentally pushes and into another carnival-goer, causing that carnival-goer to get a black eye. georgia is guilty of the tort of assault.
It is false to say that if georgia is at a crowded carnival. as she's trying to get to the corn dog stand, someone in the crowd accidentally pushes and into another carnival-goer, causing that carnival-goer to get a black eye,then georgia is guilty of the tort of assault.
In common law, assault(tort) is the misdeed of acting purposefully, that is with one or the other general or explicit goal, causing the sensible dread of a prompt unsafe or hostile contact. Assault requires aim, it is viewed as a deliberate misdeed, rather than a misdeed of carelessness. Real capacity to complete the captured contact isn't necessary. 'The lead illegal by this misdeed is a demonstration that compromises violence.'
In criminal regulation an assault is characterized as an endeavor to perpetrate battery, requiring the particular expectation to cause actual injury.As recognized from battery, assault doesn't have to include the 'undesirable actual contact; yet is the expectation of such contact'. It simply needs aim to connect and the subsequent apprehension. At a certain point, the precedent-based regulation comprehension of assault required more than words alone, it likewise required a clear demonstration.
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powers of the national government specifically stated in the constitution are called?
The powers that are in the hands of the federal government specifically stated in the United States' Constitution are also known as the enumerated powers.
The federal government, or the national government, holds the highest degree of powers, when it comes to governing the functions and political activities related to the purview of the entire nation as a whole. Moreover, it may also be stated that the enumerated powers are called as the authorities held under the jurisdiction of the national government.
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the virginia plan proposed a weaker executive branch than the new jersey plan. t/f
True , The states convened in 1787 to update the articles of confederation, but instead produced the constitution. The Virginia proposal included a weaker executive branch than the New Jersey proposal.
Patrick Henry was adamantly opposed to the new constitution since it established a weak national government. that the national executive should have the authority to veto any legislative measure, which shall not be passed until approved by two-thirds of each body of the national legislature.
James Madison drafted the Virginia Plan, which advocated for higher participation in government for states with bigger populations. As an alternative, William Paterson proposed the New Jersey Plan, which advocated for equal participation for all states, regardless of population size.
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True or False: after being served with a summons and a copy of the complaint, a defendant usually files a pleading known as an answer, briefly replying to each allegation in the complaint.
The given statement 'after being served with a summons and a copy of the complaint, a defendant usually files a pleading known as an answer, briefly replying to each allegation in the complaint' is True.
A summons is a document created by the plaintiff and sent by the court to the defendant informing them that they are the subject of a lawsuit or that they must appear in court.
A sheriff or other authorized individual, such as the process server, may serve it.
The Nebraska judgement clarifies that "a summons is a tool used to convey notice to a party of civil proceedings and of the chance to present and be heard" in the context of civil lawsuits.
The defendant is notified by a summons that they have a specified amount of time to answer to the case or appear in court.
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