The constitutional question in Lochner v. New York was whether the act was valid as labor law
In Lochner v. New York case, the Court had addressed whether a New York state legislation consistently breached the procedural fairness requirement of the Fourteenth Amendment to the United States Constitution limiting the number of hours bakers could work each day each week. The dispute focused on the problem of whether the state had the jurisdiction to regulate bakers' total working hours, and whether such legislation breached peoples' rights to contract under the Fourteenth Amendment's Due Process Clause.
The Court ultimately annulled the law, declaring that it had violated the due process rights of both employers and employees as well as their freedom of contract to negotiate their own labor contracts without undue government involvement freely. Despite the fact that this decision was controversial, it has had a considerable impact on the evolution of constitutional law.
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What is a federalism system of government?
Federalism is defined as a hierarchical system of government under which two levels of government exercises.
Federalism is a merged and compound technique for government that joins a general government (the central or "regulatory" government) with nearby lawmaking bodies (normal, state, cantonal, provincial, or other sub-unit councils) in a singular political system, dividing the powers between the two. Federalism in the state of the art time was first embraced in a long time of states during the Old Swiss Alliance.
Federalism differs from confederalism, in which the overall level of government is subordinate to the common level, and from devolution inside a unitary state, in which the neighborhood level of government is subordinate to the general level. It tends to the central design in the pathway of regional compromise or segment, restricted on the less planned side by confederalism and on the more organized side by devolution inside a unitary state.
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Why doesn't the United States have a unitary form of government?
A federation is a good illustration of a governing structure. The federalist form of government established by the U.S. Constitution divides authorities between the 50 state governments and the federal government in Washington, D.C.
Citizens can anticipate a clear division of authority and prompt crisis management under a unitary system. Another drawback of unitary systems is their tendency to become overly centralized, disconnected from local demands, and authoritarian in nature.
The phrase "Federal Government" is frequently used to refer to the National Government in the United States, while the organization of the 50 state governments is unitary, not federal. An association of independent states is known as a confederation.
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To show breach of duty, a plaintiff may rely on evidence of any of the following except:A. Res ipsa loquiturB. Violation of a statuteC. A "Good Samaritan" lawD. Custom or usage
To show breach of duty, a plaintiff may rely on evidence of any but not a "Good Samaritan" law.
Hence, the correct option is C.
A "Good Samaritan" law has nothing to do with breach of duty, it is a statute that exempts licensed doctors and nurses, who can voluntarily render emergency treatments, due to liability of ordinary negligence in an emergency or clash. In order to prove the breach of duty it must be show facts of case, and (based on these facts) that the defendant acted unreasonably. Proof of what happened may be established by either direct or circumstantial evidence. A Good Samaritan law is a legal protection provided to those who helped the victim of any accident from legal interventions.
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the fourteenth amendment’s equal protection clause requires that everyone be treated equally. (true or false)
Answer:
True.
Explanation:
Hope it helps:)
Constitutional checks and balances, especially applied to the president are designed to:
A. Provide for a balanced budget
B. Ensure that the states do not become too powerful
C. Ensure efficient government
D. Minimize the threat of tyranny from any branch of government
The correct option is D,Minimize the threat of tyranny from any branch of government.
The indigenous checks and balances especially those applied to the chairman are intended to minimize the threat of despotism from any branch of government. These checks and balances include the separation of powers among the legislative, administrative, and judicial branches of government, with each branch having a specific set of powers and liabilities. The chairman powers are also limited through colorful mechanisms similar as the demand for Senate blessing of presidential movables and covenants as well as the power of Congress to stamp a presidential proscription.
These checks and balances insure that no single branch or existent has too important power precluding the eventuality for abuse of power and maintaining a balanced system of government.
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Which model of the criminal justice system describes the expectation of efficiency?
The criminal justice model describes the expectation of an efficient criminal justice system.
The criminal justice model is a detail oriented rules around certain core values and principles of law. Various jurists proposed various models of justice of which the criminal justice model is considered having the best efficiency. It is system based on values and principles, where fair train and process of justice is entertained. The criminal justice model contains of further two models (1)the due process of law and (2)the crime control model. The due process of law help in extracting justice between the parties while the crime control model helps in punishing and preventing further crimes. All these work together in the society to ensure a healthy and fair environment to the victims as well as the accused.
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Which of the following is true about the duty of care?
a. Breach of duty of care is not actionable unless the plaintiff suffers injury or injury to his or her property.
b. The damages recoverable for breach of the duty of care are independent of the effect of the injury on the plaintiff's life or profession.
c. Reasonable person standard is used to determine the amount of damages that a defendant owes a plaintiff.
d. A firefighter who refuses to put out a fire when his safety is not at stake does not breach his duty of care.
The given statement "A firefighter who refuses to put out a fire when his safety is not at stake does not breach his duty of care" is correct.
Hence, the correct option is d.
Option d is true because a firefighter who refuses to put out a fire when their safety is not at stake does not breach their duty of care. This is known as the public duty doctrine, which provides that firefighters and other emergency responders have a duty to the general public as a whole, rather than to individual citizens.
As such, they are generally not liable for damages resulting from their failure to provide assistance in a specific situation, as long as they did not create the danger themselves.
Option a is partially true because a breach of the duty of care may not be actionable unless the plaintiff suffers injury or damage to their property.
Option b is false because the damages recoverable for breach of the duty of care are not independent of the effect of the injury on the plaintiff's life or profession.
Option c is also false because the reasonable person standard is used to determine whether a defendant has breached their duty of care, not the amount of damages owed to the plaintiff.
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TRUE/FALSE. a person assumes any risk that is different from or greater than the risk normally carried by an activity.
False, these risks are too enormous for one person to handle, particularly when multiple people are involved. Instead of just one person, both the activity's organizers and the other participants should be responsible for sharing the risks and effects of their actions.
What does it mean to take a risk, exactly?The act of taking on a risk requires acknowledging the inherent dangers of the action actively or knowingly. The individual might also have received comprehensive and accurate information.
Why is it important to recognize assumptions and hazards equally?Risks and assumptions must be recognized in order to assess if the suggested Goals and Activities are feasible and attainable within the given time frame and with the available human and financial resources.
What distinguishes comparative negligence from contributory carelessness, and which standard is the most equitable?If the plaintiff is even somewhat at fault, they are ineligible to receive damages under the doctrine of contributory negligence. On the other hand, a plaintiff may still be awarded damages under comparative negligence. However, damages are typically diminished by the plaintiff's percentage of fault.
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True/False? krugman advocated the idea that strategic trade policies can eliminate trade wars.
The given statement "Krugman advocated the idea that strategic trade policies can eliminate trade wars" is true because Paul Krugman argued that strategic trade policies could help reduce the incentive for other countries to engage in trade wars.
One way to do this is by imposing tariffs on imported goods to protect domestic industries from foreign competition. Governments can also provide subsidies to domestic industries to encourage their growth and competitiveness in the global market. By creating such strategic advantages, governments can encourage other countries to engage in fair trade practices rather than resorting to trade wars.
However, this view is not without controversy. Many economists have criticized strategic trade policies as potentially harmful to overall economic welfare.
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at the heart of the secondary market for treasury bills are 23 financial institutions designated by the federal reserve bank as , who make a market in treasury bills by buying and selling for their own account and trading for their customers.
Answer: Your welcome!
Explanation:
These 23 financial institutions are known as Primary Dealers. Primary Dealers are responsible for providing liquidity in the Treasury market by participating in all auctions of Treasury securities and trading in the secondary market. They are also expected to provide market intelligence to the Federal Reserve, which uses this data to inform its monetary policy decisions. By participating in the Treasury market, Primary Dealers facilitate the sale of Treasury securities to investors, thus providing the government with the funds needed to finance its operations.
how long after irs approves refund does it get deposited
After the IRS approves a tax refund, the time it takes for the refund to be deposited into your bank account or sent to you via mail depends on how you requested to receive your refund and how you filed your tax return.
If you opted for direct deposit, it typically takes about 1-3 business days for the funds to be deposited into your bank account after the IRS approves your refund. However, if you requested a paper check, it can take several weeks for the check to be mailed to you. In some cases, the IRS may also issue a prepaid debit card instead of a paper check.
It's important to note that the timing of your tax refund can also be affected by a number of other factors, such as the accuracy and completeness of your tax return, any errors or discrepancies that need to be resolved, and the volume of returns that the IRS is processing at any given time. If you have questions about the status of your tax refund, you can check the IRS "Where's My Refund?" tool or contact the IRS directly for assistance.
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a holistic term that emphasizes the centrality of material (economic) interests in the organization of society and the use of (political) power to protect and enhance these interests i
A political economy that emphasises the use of (political) power to advance and defend these interests as well as the importance of material (economic) interests in determining how society is organised.
The three men widely recognised as the fathers of modern economics are Adam Smith, David Ricardo, and John Stuart Mill. However, they went by the name of political economists, and from the time of its publication in 1848 until the turn of the century, Mill's Principles of Political Economy served as the discipline's foundational text. These pioneering theorists were unable to distinguish between the political and economic spheres.
The political from the economic analysis were separated by two trends. Governments first started to have less direct influence over the economy. Second, new political structures emerged: from largely monarchical to increasingly representative and highly diverse forms of government in Europe. Political science and economics had become distinct fields of study by the early 20th century.
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Italo falcone v. middlesex county medical society 162 a.2d 324, 62 n.j.super. 184, 1960 nj 40212 new jersey superior court, law division. True or False
Answer: False!
Explanation:
False. The case Italo Falcone v. Middlesex County Medical Society is a 1960 case from the New Jersey Superior Court, Appellate Division. The case number is 40212.
Italo Falcone v. Middlesex County Medical Society is a fictional case citation provided by you. Hence the statement is false.
There is no record of this case in the New Jersey Superior Court, Law Division, or any other jurisdiction. Additionally, the citation format you provided does not conform to the standard format used in legal citations.
While it is possible that a case with a similar name exists, the details you provided are not accurate or verifiable. It is important to ensure the accuracy of legal citations when referencing actual cases for legal research or analysis.
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Which of the following acts established a classification of drugs that would be available only by prescription?A) The 1996 Food Quality Protection ActB) The 1938 Food, Drug, and Cosmetic ActC) The 2006 USA PATRIOT ActD) The 1992 Prescription Drug User Fee Act
In the given question, "which act established a classification of drugs that would only be available by prescription", the answer will be The 1938 Food, Drug and Cosmetic Act.
Hence, the correct option is B).
The State took such a decision because, consumers would abuse drugs when they were easily available as well as there was a potential risk associated with is use and did not require a prescription from the doctor.
Through this Act drugs were now being registered and their safety and efficacy was examined by clinical trials.
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TRUE OR FALSE those uniform state laws that have been adopted by individual states were first written by congress.
The uniform state laws that the various states have adopted were not initially written by Congress.
What are Uniform Laws?
It is possible for state legislatures to implement uniform laws after carefully drafting model legislation. State legislatures have the option of rejecting them, adopting them as a whole, or adopting them with modifications. The National Conference of Commissioners on Uniform State Laws, formerly known as the Uniform Law Commission (ULC), is responsible for creating uniform laws. Renowned attorneys, judges, politicians, and law academics are members of ULC. They want to encourage state law consistency. Over 250 Uniform Laws have been created by ULC since its foundation in 1892. Similar to uniform laws, model acts, and model codes may be offered by any person or group, including the American Bar Association, the American Law Institute, and ULC.
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the _____ of the first amendment prohibits congress and the federal government from establishing a national religion.
The Establishment clause of the first amendment prohibits congress and the federal government from establishing a national religion.
The First Amendment to the U.S. Constitution ensures that individuals in the United States can practice their own religion or choose not to practice any religion. The Establishment Clause bars the government from promoting or endorsing any specific religion. The government cannot provide financial assistance to any religious group.
The Establishment Clause was enacted to prevent the establishment of a national church and has also been made applicable to the states. Its purpose is to prevent the government from displaying favoritism towards a particular religion over others or towards religion over non-religion. state governments are forbidden from creating an official state religion.
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governments can protect consumers from unsafe products by issuing a limit or a ban on such products. (True or False)
It is highly appropriate and totally correct to be mentioning that the government maintains consumer protection by issuing a limit or a ban on products that may be unsafe. Therefore, the aforementioned statement is to be held as true.
Consumer protection may be taken into interpretation as the primary social welfare goal of the state and national governments. When government is able to identify the safety in products not being up to the mark, there may be a ban on the products thus involved thereunder.
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Cmplete question
governments can protect consumers from unsafe products by issuing a limit or a ban on products. (True or False)
What does the United States Census Bureau do?
A gang member determined that he needed to avenge a recent shooting of his friend by killing a member of the rival gang responsible for the shooting. He drank heavily to build up his courage and then went to t eh home of the rival with a loaded gun and knocked on the door. When the rival opened the door, the gang member pointed the gun at the rival and pulled the trigger. However, due to being intoxicated, he had forgotten to release the safety, so the gun did not discharge. He was easily disarmed by the rival and arrested by the police. At his trial, he testified that he was so intoxicated that he did not remember anything that happened at the rival's house.
If the gang member's testimony is believed, what is the most serious crime of which the defendant may be convicted?
The gang member's testimony is believed, then most serious crime of that may be convicted is Attempted Murder.
The most serious crime of which the defendant may be convicted depends on the specific laws and circumstances of the case, as well as the decision of the judge or jury. However, if the gang member's evidence that he was so intoxicated that he didn't recall anything that happened at the competitor's residence is believed, he could be convicted of attempted murder or attempted manslaughter because his acts show the desire to kill the rival. The fact that the gun did not discharge, on the other hand, may be taken into account and result in a lesser charge or a reduced punishment. The court must finally decide the proper charges and sentencing based on the facts given.
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what is one reason for a general pressure to conform in american society during the 1950s?
After the events of the Second World War, there was a sense of uniformity in American society as a series of socially accepted patterns of behavior were introduced during this time due to the war.
Subsequently, Similarity, which is the way of behaving of acting as per the overall guidelines set by society showed up. With respect to economy, the nation was going through a significant phase of development which expanded the abundance of the normal American resident, driving mentalities like realism. As an end, it was extremely hard to simply "acting naturally" during the 1950s.
In a post bellum period, a great many people simply needed to carry on with calm lives. The loss of socialism required a brought together society. In a time of Cold Conflict pressures, debate was deterred.
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What happened in Tennessee v. Garner?
Tennessee v. Garner case was well known for the police officers' deadly action on a suspect.
What is the conflict of Tennessee v. Garner?Tennessee v. Garner is considered a well-known civil case in which the Supreme Court of the United States ruled that an officer in law enforcement could not use excessive force while following a running criminal in accordance with the 4th Amendment.
The Fourth Amendment's guarantee against unreasonable inspections was broken, and the court determined that the statute was unconstitutional as a result of the actions performed by the police on a person in name of inspection.
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which amendment to the constitution guarantees due process and equal protection rights to all citizens?
The Fourteenth Amendment Additional Rights and Equal Protection All persons born or naturalized in the United States and subject to its jurisdiction are considered citizens of the United States and the state in which they live. As a result, D is the right answer.
No State shall enact or carry out legislation restricting the rights or immunities of United States citizens; no State shall deprive any person of life, liberty, or property without due process of law; and no State shall deny equal protection of the laws to any person within its jurisdiction.
All persons born or naturalized in the United States and subject to its jurisdiction are considered citizens of the United States and the state in which they live.
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Full Question ;
which amendment to the constitution guarantees due process and equal protection rights to all citizens?
13 Amendment
10 Amendment
11 Amendment
14 Amendment
State legislatures are the primary locus of ____________, which is the power to make laws in furtherance of the public health, safety, welfare, and morality.
The police power, which is the authority to enact laws to promote the public's health, safety, welfare, and morality, is primarily vested in state legislatures.
The primary responsibility of the police is to safeguard the public by detecting and preventing crime. The police have both common law and legislative authority to carry out this duty, which has been established in common law (precedents set by court decisions).
Laws governing equal rights and human rights must be compatible with the use of police authority. Each police officer is in charge of making sure their use of authority is proper, reasonable, and required.
Three categories can be used to classify police powers:
the ability to look into crimes - This includes a variety of authorities to gather information necessary to identify suspects and support a fair and efficient trial for them.the ability to stop crime - This includes a variety of authority to preserve public peace, stop antisocial behaviour, and control known criminals or suspects.the ability to "dispose" of criminal cases - Police can use these powers to resolve criminal cases outside of court or to charge suspects so that they can be brought to justice.Learn more about " police powers " to visit here;
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Two landowners owned adjacent lots A and B. Both lots were located in State Red, which has a 20-year adverse possession statute. Thirty years ago, the lot A owner married and left State Red to reside in State Blue. The lot A owner did not return to view the property during her period of residence in State Blue. One year after the lot A owner left, the lot B owner built a driveway on his land. The driveway extended three feet over onto lot A. The lot B owner mistakenly believed that this three-foot strip of land was his property. The lot B owner regularly used the driveway and was continuing to use it when the lot A owner, having been widowed, recently returned to State Red. The lot A owner discovered the encroachment on her return.
What are the lot A owner's rights against the lot B owner?
The lot A owner discovered the encroachment on her return. C. The lot A owner has an action against the lot B owner, because the lot A owner had no knowledge of the lot B owner's encroachment.
For the required statutory term, the lot B owner had exclusive, continuous ownership of the three-foot strip. This possession was public and well-known; it was also hostile (adverse).
The misunderstanding made by the lot B owner about possession of the three-foot strip is not determinative. The owner of Lot B has held negatively since his actions look to the community to be a claim of ownership and he is not holding with the owner's approval.
As a result, (D) is inaccurate. (C) is wrong because the open and infamous nature of the lot B owner's possession was enough to notify the genuine owner that a possession adverse to her title had been taken. (B) is an inaccurate legal statement; there is no such presumption.
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Correct question:
Two landowners owned adjacent lots A and B. Both lots were located in State Red, which has a 20-year adverse possession statute. Thirty years ago, the lot A owner married and left State Red to reside in State Blue. The lot A owner did not return to view the property during her period of residence in State Blue. One year after the lot A owner left, the lot B owner built a driveway on his land. The driveway extended three feet over onto lot A. The lot B owner mistakenly believed that this three-foot strip of land was his property. The lot B owner regularly used the driveway and was continuing to use it when the lot A owner, having been widowed, recently returned to State Red. The lot A owner discovered the encroachment on her return.
What are the lot A owner's rights against the lot B owner?
A. The lot A owner has no action against the lot B owner, because the lot B owner's title to the three-foot strip has been established by adverse possession.
B. The lot A owner has no action against the lot B owner, because her prolonged absence from State Red establishes a presumption of abandonment of her rights in the property.
C. The lot A owner has an action against the lot B owner, because the lot A owner had no knowledge of the lot B owner's encroachment.
D. The lot A owner has an action against the lot B owner, because the lot B owner mistakenly thought he owned the three-foot strip.
What was the purpose of the policy of containment after World War II?
The main purpose of the policy of containment after the World War II was to limit the spread of soviet power and communist ideology.
The concept of communalism refers to a set of beliefs and values that define the division between states(people, groups of people, communities). Containment was a geopolitical strategic foreign policy pursued by the united states during the cold war to prevent the spread of communism after the end of World War II. The idea was to make other countries prosperous enough to avoid the temptation of communism.
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The most controversial policy enforced by the EEOC was _____ action, designed to right past wrongs.
The EEOC rule that caused the most controversy was affirmative action, which sought to make reparations for prior wrongs. As a result, it is true that the statement "the most controversial policy enforced by the EEOC was an action aiming to correct past wrongs" is accurate.
Affirmative action was introduced during the presidency of President Lyndon Johnson (1963–1969) to expand opportunities for African Americans when civil rights laws abolished the excuses for discrimination.
The federal government was able to put affirmative action policies into place thanks to the momentous Civil Rights Act of 1964 and an executive order from 1965. For businesses receiving federal financing, it was forbidden to use aptitude tests and other standards that frequently inclined to discriminate against African Americans.
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Sujin must send an email about longer working hours and salary increase to all the employees who work in her organization. Which organizing strategy should she use in conveying this message?
She should answer all the questions the employees are likely to have in the email.
She should end the email by giving importance to the message and not the employees.
She should place the good news at the end of the message and the bad news in the middle of the message.
She should not present the bad news in a positive way, as it might confuse the employees.
She should answer all the questions the employees are likely to have in the email is organizing strategy should she use in conveying this message.
Option A is correct.
A strategic plan that outlines how your company will allocate resources (such as time, money, and inventory) to support all of its activities is known as an organizational strategy. It is typically developed by the leadership team. Examples of general business activities include: acquiring or creating stock to satisfy market demand.
In strategic management, what exactly is organizing?The management function of organizing involves allocating human resources and creating an organizational structure to ensure the achievement of goals. The framework within which effort is coordinated is the organization's structure.
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What is Expo Facto law?
An Ex Post Facto Law may be understood as the law that is subject to change with a given change in the legal consequences of an action that was committed by the individual under question.
An ex post facto law can be generally taken into interpretation for better understanding as the laws that change with a given change in actions committed by a defendant, which is well before the law was actually brought into an enactment, so that a decision can be made. Thus, it often leads to formation or change in the existing laws.
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What is an ex post facto law?
[TRUE or FALSE] : internal control components are built on the foundation of the tone established by top management in its control environment.
It is completely appropriate to be mentioning that the foundation of the tone by the top-level management in the control environment is the one upon which the internal control components are being built. Thus, the given statement is to be held as true.
The management of each of the organizational environments is further divided into levels of management, i.e., top-level, subordinate-level, and lower-level. The main focus of the top-level management is always to take care of the control environment by establishing the ideal foundation of its tone.
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Uses the Internet to resolve disputes
The resolution of disputes with the assistance of organizations that offer dispute-resolution services via the Internet.
When outside help is needed to resolve a dispute, there are a number of Web sites that offer _________. _____ may be best for resolving small- to medium-sized business liability claims, which may not be worth the expense of litigation or traditional ADR
The resolution of disputes with the assistance of organizations that offer dispute-resolution services via the Internet. When outside help is needed to resolve a dispute, there are a number of Web sites that offer online dispute resolution(ODR) may be best for resolving small- to medium-sized business liability claims, which may not be worth the expense of litigation or traditional ADR.
ODR is a digital space, where public facing disputes can be resolved by the parties through the usage of internet. While ODR refers to wide case of alternative dispute resolution that takes advantage of the availability and development of internet excess. ODR is one of the type of alternate dispute resolution which solves disputes between two parties before going to the court. It is considered as an easier and faster way to solve solve civil disputes without the involvement of the jury and court proceedings. ODR is slightly different from ADR in the usage of internet, it solves disputes outside of court with the help of technology and alternate dispute resolution.
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