The executive branch plays no role in interpreting the law.
The interpretation of law is the distinct function of the judiciary.
The role of the executive is the administration and governance of the state. The legislature is tasked with the function of creating the law and amending it as it deems fit.
This type of distribution of powers amongst the executive, the legislature and the judiciary rests on the doctrine of separation of powers.
The Federal Courts are the sole custodians of the Rule of law. They decide whether a law passes the test of constitutionality and also interpret laws in the right light.
They adhere to strict principles of natural justice and apply law to the case in hand keeping in mind the contours of judicial restraint.
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First offenders may be jailed for at least 48 hours, can be fined up to $1,000 dollars, restricted to driving to and from work or to and from an alcohol treatment program, ordered by the court to attend either a three month or six month alcohol treatment program, required to file proof of insurance with the Department of Motor Vehicles, and required to have an ignition interlock device (IID) installed on his or her vehicle. In total, these fines and fees can exceed $5,000
First the offenders may be jailed for at least 48 hours. This is said to be ordered by the court in order to attend either a three month or the six month alcohol treatment program.
The alcohol treatment programs tend to guide the former user which is through a safe and effective medical detox, so, this is followed by counseling that tends to target the reasons behind the addiction.
However, the overcoming an alcohol addiction tends to start with a qualified treatment center that is said to help and also address the underlying and the co-occurring disorders. Then, the offenders are jailed for at least 48 hours.
Hence, the treatment centers must be well equipped to help the users.
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How is the philosophy of judicial activism different from the philosophy of judicial restraint?
Judicial activism and Judicial restraint have philosophies that are polar opposites of each other.
These two terms of Judicial activism and Judicial restraint are the used to express the philosophy and motivation of the judicial decisions
Judicial activism, simply put, is a theory of wherein it states certain judgements are passed after taking into account the essecne of law along with the dynamics of society and time.
Judicial Restraint, on the other hand, adheres to a more strict interpretation of the law and focuses on the significance of legal precedent.
Thus see, the expression `judicial activism’ is actually used in contrast to `judicial restraint’.
Judicial activism is a dynamic process of judicial outlook in a changing society. In recent years judicial activism has given new dimensions to the process of law making by courts.
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Alison, a data analyst and software engineer, worked for Dellis, Inc. When she joined Dellis, she signed an employment contract. In that employment contract, among other provisions, was an arbitration clause, which read:
"any disputes arising out of this contract of employment are subject to arbitration in accordance with the rules of the American Arbitration Association."
During her work for Dellis, Alison created a software program that would better track Dellis’ clients. Alison attempted to register for a patent to the program, claiming personal ownership in the rights to the software. Dellis learns Alison is applying for patent protection and claims the program was created as a result of Alison's work for the company and therefore it belongs to the company.
Alison files a lawsuit in Court. She is requesting that the Court enter a Declaratory Judgment--essentially an order that she is the rightful owner of the patent associated with the program.
Dellis immediately files a motion to dismiss Alison’s lawsuit. Should the court hear Alison’s lawsuit. Why or why not?
Any disputes arising out of this contract of employment are subject to arbitration in accordance with the rules of the American Arbitration Association. Was an arbitration clause.
What is employment?In most cases, employment refers to the status of having a paid job—of being employed. Employing someone is paying them to work. Employees are employed by an employer. Employment can also refer to the act of hiring individuals, as in We're trying to hire more women.
The term employment contract may include an employment arbitration clause, which means you agreed not to pursue any legal action against your employer in court. Instead, any disputes that you have with your employer must be settled through a process known as arbitration
Therefore, Thus option (A) is correct.
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What is common law and how is it created ?
Common law is decided upon by judges based on how statute law is interpreted. An inferior court in the same jurisdiction must abide by the court's ruling.
A corpus of unwritten laws known as common law is founded on judicially established legal precedents. In unique situations where the conclusion cannot be predicted based on existing statutes or written principles of law, common law influences the decision-making process.
The British custom that was introduced to North America during the colonial eras of the 17th and 18th centuries gave rise to the American common-law system. Australia, Canada, Hong Kong, India, New Zealand, and the United Kingdom are other countries that use common law.
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Identify the strengths and weaknesses of the American jury system
The American jury system has several strengths. It allows ordinary citizens to participate in the administration of justice, which can increase public trust in the legal system. Juries also provide a check on the power of the government and the courts, as they are able to acquit defendants who are not guilty, even if the prosecution has presented a strong case.
WEAKNESSES:However, the American jury system also has some weaknesses. One concern is that jurors may not always be fully informed or capable of understanding the complex legal issues that are presented in court. In addition, the process of selecting jurors can be biased, as it is often based on factors such as race, gender, and socio-economic status. Finally, the jury system can be slow and expensive, as it requires the selection and convening of a group of jurors for each trial.
HOPE IT HELPS!What did William Blackstone believe the purpose of law was?
The purpose of Blackstone's commentary on England law was to provide a readable source of common law for most people.
This work was divided into his four volumes:
Human rights, property rights, private and public wrongs.
One of his core beliefs is that laws are designed to protect the innocent, not to convict the guilty. Blackstone thus worked for a law firm that did not plead guilty to defendants.
Another of William Blackstone's beliefs was that citizens had certain rights that they could exercise against what they considered government excesses, including freedom of the press.
William Blackstone's third great belief was that all laws come from God, or at least from the natural order of the universe.
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What is another name for federal and state laws?
Another name for federal and state laws is regulation, which means any applicable requirement imposed by any federal, state, or other law or regulation.
Federal law applies to all states in the United States, but state law is specific to a particular state. This means that state laws can vary from state to state.
So while you can do something legal in one state, the same act can face serious consequences in other states.
State law talks about the basics of right and wrong, while federal law addresses broader issues such as civil rights, criminal law, and immigration law. Both state and federal law are blanket issues, so there are conflicting situations.
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Why is the opinion of the Supreme Court so important?
The opinion of the Supreme Court so important because they are disseminated to the public electronically and in print.
The Supreme Court's opinions and also its related materials are considered to be disseminated to public electronically and also in print. So, here the main purposes of a legal opinion are- to inform the addressee of the legal effect of a matter or transaction.
However, prior to the issuance of the bound volumes which is of the U.S. Reports, the Court's official decisions tend to appear in the 3 temporary forms: (1) slip opinions; (2) bench opinions; and (3) preliminary prints. Hence, there are a few other different types of the Supreme Court opinions.
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How did city infrastructure in the early 20th century affect the modernization of firefighters? (Check all that
apply.)
AThe training for firefighting opened more job opportunities.
B The city became the main overseer of all firefighting duties and jurisdictions.
CTechnology changes brought improvements to fire engines.
DWater hydrants and reservoirs were planned with the city's development.
Answer: all of them apply
Explanation:
“Boundary fence question” if a shed wall is on the boundary line and a fence is built, as close to the shed as possible. Is the fence line after 15 years taken as the new boundary line In adverse possession law (I live in Victoria, Australia.)?
Answer:
In Victoria, Australia, according to the law of adverse possession, a fence line cannot be taken as the new boundary line after 15 years. The boundary line remains the same as it was before the fence was built.
Explanation:
What is the purpose of reverse 911? Select all that apply.
to call several numbers simultaneously, seeking criminal suspects
to provide a way for several members of the community to speak with the 911 operator at the same time
to contact residents in a specific area with emergency messages
to either speak with residents by recorded message or leave voice and text messages at each residence
Answer:
1. To contact residents in a specific area with emergency messages
2. To either speak with residents by recorded message or leave voice and text messages at each residence
Explanation:
Reverse 911 is a system that allows emergency responders to quickly contact residents in a specific area in case of an emergency. The system uses a database of telephone numbers for residents and businesses in a specific area and allows emergency responders to send recorded messages or text messages to all of the numbers in the database in a specific geographic area. This allows emergency responders to quickly notify residents of an emergency, such as an evacuation order, a gas leak, or a power outage, and provide them with important information and instructions. The Reverse 911 system could be activated by an emergency responder or it could be set up to automatically notify residents in the event of a certain emergency.
What are some reasons underlying the requirements that before a person can be convicted of a crime, every member of a jury voted for conviction?
There are several reasons why the requirement that every member of a jury must vote for conviction before a person can be found guilty of a crime is in place:
The requirement for a unanimous verdict helps to ensure that the defendant is not convicted unless there is a high level of agreement among the jurors that they are guilty beyond a reasonable doubt. This helps to prevent wrongful convictions and protect the rights of the accused.A unanimous verdict helps to ensure that all jurors have thoroughly considered the evidence and arguments presented during the trial. It requires them to engage in deliberation and come to a consensus about the guilt of the defendant, rather than simply relying on the opinions of a few jurors.A unanimous verdict is more likely to be viewed as fair and legitimate by the general public, as it demonstrates that all jurors were in agreement about the verdict. This can help to maintain public trust in the justice system.The requirement for a unanimous verdict can also help to prevent deadlocks and mistrials, as it ensures that all jurors are in agreement about the verdict before it can be returned.To conclude, the requirement for a unanimous verdict helps to ensure that defendants are not convicted unless there is a high level of agreement among the jurors that they are guilty beyond a reasonable doubt, and helps to protect the rights of the accused and maintain public trust in the justice system.
Hope This Helps You!
The 5% policy applies to:
I. commissions charged when executing customer agency (broker) transactions.
II. riskless and simultaneous transactions.
III. markups on stock sold from inventory.
IV. markdowns on stocks bought for inventory.
The 5% policy applies to the commissions which are charged when executing customer agency (broker) transactions, riskless and simultaneous transactions, and also the markups on stock sold from inventory.
The 5% policy tends to apply to both the commission charges on the agency transactions and also to the markups and the markdowns and also on the principal transactions. This thus includes the riskless principal trades.
However, in 1943, the Association's Board is said to have adopted what has become known as the "5% Policy" which is said to to be applied to the transactions which are thus executed for customers. Thus, the markups on stock is sold from the inventory.
Hence, options I, II, III, and IV are correct.
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The Ohio state legislature is concerned because people guilty of lesser drug offenses are languishing in prison
Answer:
It is not clear what specific action the Ohio state legislature is considering or what information is being requested. Could you provide more context or clarify the question?
What are the 3 key principles of Mendel's inheritance theory?
Mendel derived his first concept, the principle of uniformity, from this straightforward observation. According to this theory, every offspring from a cross like this—where the parents differ by only one trait—will look the same.
Mendel also tested the effects of mating plants with two or more pure-bred traits to see what happened. He found that each quality was inherited independently of the others and had a 3:1 ratio of its own. This is the driving principle for the independent assortment.
Mendel gathered his data for tens of thousands of plants before coming to the conclusion that the characteristics may be divided into expressed and latent aspects. He described these traits as being, respectively, dominant and recessive.
Mendel observed that every F1 plant was identical. Each of them had spherical yellow seeds, just like one of the two parents. However, any possible combination of the two features could be seen in the F2 generation of plants that were created by the self-pollinated F1 generation.
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The United States taxes each barrel of imported oil at a flat rate. This is
a. an antidumping duty.
b. a dumping duty.
c. a quota.
d. a tariff.
How did William Blackstone influence the Constitution?
William Blackstone advised the Founding Fathers of the USA to understand the value of common law.
Blackstone's work had a profound impact on the ideology that led to the American Revolution and the subsequent drafting of the United States Constitution.
Commentary has been frequently cited by US courts as a source for Common His Law.
The purpose of Blackstone's commentary on English law was to provide a readable source of common law for most people.
Government policies and practices should therefore also be implemented in harmony with this power. In other words, governments should not be allowed to restrict individuals' freedom of choice and action.
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g One party wants to file a suit against another. For a court to hear the case, Group of answer choices both parties must consent. the court must have jurisdiction. both parties must own property. the parties must have no minimum contacts with each other.
Option b: One party wants to file a suit against another and for a court to hear the case the court must have jurisdiction.
Jurisdiction is a legal term for the legal powers granted to a legal entity to administer the judiciary. In federal states such as the United States, jurisdictions are local, state, and federal.
The judiciary draws its substance from international law, conflicts of law, constitutional law, and the powers of the executive and legislative branches to direct resources to best serve the needs of society.
A lawsuit is an action brought in court by one party against another party(s). These are usually civil cases, meaning there are no allegations of criminal conduct.
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Assuming two degrees of freedom, which of the following is the correct interpretation of the chi-square analysis, using a p-value of 0.05
The null hypothesis should be rejected because the critical value is less than the calculated Value correct interpretation of the chi square analysis using a p value of 0.05
A chi-square test is defined as a statistically significant difference between the expected and observed frequencies.
The chi-square test uses hypothetical facts to determine significant differences between calculated and observed frequencies.
The null hypothesis is rejected because the squared value is less than the first found statistic or calculated value. Therefore the hypothesis is invalid.
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Complete Question:
A researcher observed that when two heterozygous plants with red flowers are crossed the resulting offspring include plants with red white or pink flower. The researcher proposes the null hypothesis that flower color is the result of independent assortment and incomplete dominance. The researcher calculates a chi square value of 7.3. Assuming two degrees of freedom which of the following is the correct interpretation of the chi square analysis using a p value of 0.05?
the federal trafficking victims protection act of 2000 identifies two forms of trafficking
The Trafficking Victims Protection Act of 2000 (TVPA) was amended to divide trafficking into option (a). H. Sex Trafficking and Labor Trafficking.
The Trafficking Victims Protection Act of 2000 (TVPA) established plans to prosecute traffickers, prevent trafficking, and protect victims and survivors of trafficking.
The law organizes human trafficking and related crimes as related crimes. Human trafficking includes the use of force, deception, or coercion to obtain certain types of labor or to market sex.
The three most common types of human trafficking are male or female trafficking, slave employment, and debt bondage.
Forced labor, also known as automated slavery, is a significant area of human trafficking worldwide, according to the US State Department.
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teen driver ____ lead to a far greater crash risk than just being a new driver
a. inexperience and immaturity
b. experience and age
c. maturity and age
Answer:
un. inexpérience et immaturité
Explanation:
An individual who has been the subject of a crime can prosecute the alleged criminal.
a. True
b. False
A person who has been the victim of a crime may prosecute the alleged criminal. False.
The body of law that governs crime is known as criminal law. It denotes behavior that is perceived to be threatening, harmful, or otherwise endangering to the property, health, safety, and moral well-being of others, including oneself. The vast majority of criminal law is established by statute, which means that it is enacted by a legislature. Criminal law is concerned with the punishment and rehabilitation of those who violate the law.
Criminal law varies by jurisdiction and is distinct from civil law, which focuses on dispute resolution and victim compensation rather than punishment or rehabilitation.
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When parking uphill on a road that does not have a curb, your front wheels should be turned to the right (toward the edge of the road)
When parking uphill on a road that does not have a curb, Park, as close to the shoulder as possible, turning your wheels all the way to the right.
Whereas, When parking uphill with a curb, your front wheels should point Away from the curb.
A parking violation occurs when a car is parked erratically or in an unallowed spot.
Generally speaking, parking a car in the middle of a road or highway is not permitted anywhere in the globe; however, parking on one or both sides of a road is typically permitted.
However, there are regulations on this type of parking, and doing so could be illegal. A police officer or other government official will typically issue a traffic ticket for such violations.
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When is using your headlights required by Virginia law?
In Virginia, headlights must be used when visibility is less than 500 feet, between sunset and sunrise, and during inclement weather, such as rain, snow, fog, or smoke.
Headlights should be used in any situation where visibility is impaired, even if it is still light out. This is to ensure that other drivers, bicyclists, and pedestrians can easily see your vehicle coming. Additionally, when driving in an area that is not well-lit, such as a rural road, headlights should be used even when visibility is not impaired. This will help make your vehicle more visible from a greater distance. It is important to note that Virginia law requires the use of either low or high-beam headlights. High beams should be used only when no other vehicles are present.
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What were the results of Mendel's experiment ?
He proved that qualities are reliably passed on from parents to children in dominant and recessive patterns, regardless of other traits.
Although Gregor Mendel's rules serve as the theoretical foundation for our knowledge of the genetics of heredity, genetic analysis precedes Mendel.
Mendel contributed two new ideas to the field of genetics:
created clean lines
kept statistics notes and counted his findings
The gene for tall plants was dominant in Mendel's trials, whereas the allele for short plants was recessive. Similar to this, the dominant gene for yellow seeds outweighed the recessive allele for green seeds.
Mendel's second law was developed as a consequence of his second series of experiments. The law of independent assortment is this. It claims that the determinants of certain attributes are inherited separately from one another.
The law of segregation states that each gamete (egg or sperm cell) that an organism produces receives only one of the two gene copies that are present in the organism, and that the distribution of the gene copies is random.
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Which of the following is not a fiduciary duty an agent owes to his or her principal?
A. Loyalty
B. Confidentiality
C. Accountability
D. Blind obedience
Option d: Blind Obedience is not a fiduciary duty an agent owes to his or her principal.
Fiduciary duty is the responsibility entrusted to a fiduciary in dealings with other parties, especially in relation to financial matters.
In most cases, this means that fiduciary responsibilities include overseeing the client's assets and acting on behalf of the client and in the client's best interests.
The duty of loyalty is he one of the highest and most respected duties. Trustees are paid for their work.
However, there is also work that will be the eyes and ears of the client, working to ensure the client's desired outcome without the promise of additional compensation in return.
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In no less than 50 sentences, write down a three-paragraph essay on: “CAN POLICE BRUTALITY EVER BE JUSTIFIED?”
I. Introduction
Definition of police brutalityThesis statement: While there may be some circumstances in which police officers are justified in using force, police brutality is never acceptable and can never be fully justified.II. Background information on police brutality
Statistics on the prevalence of police brutalityExamples of high-profile cases of police brutalityIII. Arguments for the justification of police brutality
Situations in which police officers may feel threatened or justified in using forceThe need for police officers to protect themselves and the publicIV. Rebuttal of arguments for the justification of police brutality
Police officers are trained to de-escalate situations and use appropriate levels of forceThe use of excessive force often leads to further escalation and violencePolice officers should be held to a higher standard of conduct and be held accountable for their actionsV. Alternatives to the use of force by police officers
Community policing and restorative justice approachesThe use of non-lethal weapons and de-escalation techniquesVI. Conclusion
The use of police brutality is never justified and must be actively addressed and preventedThe need for reforms and accountability to ensure that all members of the community are treated with dignity and respect.What are the law of Independent Assortment and law of segregation in genetics?
The Law of Independent Assortment in Genetics tends to state that the inheritance of the one pair of the genes is independent ofthe inheritance which is of another pair.
The Law of segregation tends to state that the every individual tends to possess the two alleles and here only one allele is said to be passed on to the offspring. Thus, this has to do with 1 gene and here the allocation of the gene copies is random.
Whereas, the Law of Independent Assortment in Genetics states that the allele of one gene tends to separate independently which is of an allele of the another gene. For instance, two-hybrid rabbits are crossed.
Hence, the law of Independent Assortment and the law of segregation in genetics were explained above.
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Why did Churchill warn against the Munich Pact?
Churchill warned against the Munich Pact as believed that it would soon lead to Germany gaining more territories and might lead to another war.
He called it a complete and unmitigated defeat.
It became clear by 1936 that Hitler's had greater plans to expand Germany's boundaries, especially when his troops entered the Rhineland.
He soon annexed Austria only two years later, in March 1938.
Neville Chamberlain, while at the Munich Conference in 1939, agreed that Germany could gain the laid of Sudetenland, thereby seemingly averting any was in near future.
This was called the Munich Agreement.
However, Winston Churchill, one of the few critics of the appeasement policy, boldly described it as ‘an unmitigated disaster’. He however fell out of public support and very few agreed with him.
Finally his prophecy seemed to have come true. Hitler violated the Munich Agreement, March 1939, by occupying the rest of Czechoslovakia.
Soon, only six months later, Germany invaded Poland and Britain found itself at war, once again.
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What is your idea about the composition of the Supreme Court?
My idea about the composition of the Supreme Court is that, the Supreme Court would be composed of the Chief Justice and also with these seven other judges are included.
The Supreme Court is said to be established under the Article 163 of the Constitution, which is consisting of the Chief Justice, who is known to be the President of the Court. Where, the Deputy Chief Justice, who is the Deputy President of the Court.
However, the number of Associate Justices in the Supreme Court is currently fixed at eight. Whereas, all the Justices here are said to be nominated by the President, confirmed by the Senate. Hence, the Supreme Court is the highest court in the land, it is the court of last resort.
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