In American legal theory and case law, judicial restraint has been around for a long time. In Fletcher v. Peck (1810), the U.S. Supreme Court said that judges should only overturn laws if they "feel a clear and strong conviction" that they are unconstitutional.
What is meant by Judicial Restraint?The idea behind judicial restraint is that judges shouldn't try to "legislate" from the bench; this should be left up to the legislature and the executive. As a result, lower court decisions should be given more weight. A smaller docket is typical of restrained courts.
A theory of judicial interpretation called Judicial Restraint encourages judges to limit their own power. It says that judges shouldn't overturn laws unless they clearly violate the Constitution.
In general, the idea of judicial restraint is that a judge shouldn't add his or her own preferences to decisions and proceedings in court. If judges hesitate to strike down laws that are not clearly unconstitutional, they are said to exercise judicial restraint.
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You must be prepared to stop within ___ feet of an intersection?
50
100
150
200
. Common law is judge-made law. It is the sum total of all the cases decided by Select . 2. Select two of the most important goals of common law: a. predictability b. spontaneity c. severity d. flexibility e. tenacity f. rigidity 3. Stare decisis means Select .
Answer:
Severity and Tenacity
Explanation:
Common law consists of the present day British court. The transgressions are generally based on severity and paying the right consequence.
1. what is the canada-china foreign investment promotion and protection agreement about? what are the main objectives of this treaty?
2. what is the canada-costa rica foreign investment promotion and _______.
Bilateral treaty promoting and protecting foreign investment between Canada and China, ensuring predictability, fair treatment, and dispute resolution are the main objectives of this treaty.
A bilateral agreement between Canada and China called the Foreign Investment Promotion and Protection Agreement (FIPA) aims to encourage and safeguard foreign investment between the two nations. This treaty's main goals are to increase predictability and security for investors, ensure fairness and equity, ease the flow of capital, and create a process for resolving investment disputes.
A bilateral agreement called the Canada-Costa Rica Foreign Investment Promotion Agreement aims to encourage and facilitate foreign investment between Canada and Costa Rica. Its primary goals include fostering an environment that is conducive to investment, making sure that investments are protected and treated fairly, and setting up mechanisms for dispute resolution.
The agreement aims to promote economic cooperation, improve market access and give investors from both nations legal certainty and predictability. The provisions on non discrimination, expropriation compensation, and free fund transfers are among the rights and responsibilities of investors that are outlined in this document. The agreement aims to deepen economic ties and promote investment flows that benefit both Canada and Costa Rica.
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the bringing, maintaining, and defending of a lawsuit is generally referred to as _____.
The bringing, maintaining, and defending of a lawsuit is generally referred to as litigation.
What is litigation?
Litigation is the process of taking legal action through the court system to resolve disputes or enforce rights. It involves various stages, including pre-trial activities, discovery, trial, and possibly appeals.
The parties involved in litigation are called the plaintiff, who initiates the lawsuit, and the defendant, who defends against the claims brought forth by the plaintiff.
During the pre-trial phase, both parties gather evidence and prepare their legal arguments. They might also engage in settlement negotiations to avoid a trial. If the parties cannot reach an agreement, they proceed to the discovery phase, where each side exchanges information and gathers additional evidence to support their case.
The trial phase consists of presenting evidence, calling witnesses, and making arguments before a judge or jury. Both the plaintiff and defendant aim to convince the judge or jury of their position. After the trial, the judge or jury makes a decision on the case, and the losing party may choose to appeal the decision to a higher court.
In summary, litigation refers to the entire process of bringing, maintaining, and defending a lawsuit. It involves various stages, such as pre-trial activities, discovery, trial, and potentially appeals, with the ultimate goal of resolving disputes or enforcing rights through the court system.
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Post-9/11 gi bill housing and kicker payments now require monthly enrollment verification. Would you like to submit yours via text? please reply yes or no.
As a result of recent changes in the law, you must now verify your enrollment status every month to receive your Post-9/11 GI Bill housing allowance and kicker payments. This is to ensure that you are eligible for the benefits and that you are receiving the correct amount. One of the easiest ways to verify your enrollment is by texting us. If you would like to use this option, please reply with YES.
About PaymentsPayment is the voluntary surrender of money or an equivalent or something of value by one party to another in exchange for goods or services provided by them or to fulfill a legal obligation.
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In __________, when a defendant enters a plea of guilty, the judge must determine whether the plea is knowingly entered and completely voluntary.
In criminal law, when a defendant enters a plea of guilty, the judge must determine whether the plea is knowingly entered and completely voluntary.
This requirement stems from the due process clause of the Fifth and Fourteenth Amendments to the United States Constitution, which guarantees defendants the right to a fair and impartial trial. In order for a guilty plea to be valid, the defendant must have a full understanding of the charges against them, the consequences of their plea, and the rights they are waiving by pleading guilty. Additionally, the plea must not be the result of coercion or undue influence, such as promises of leniency or threats of harm.
The judge may conduct a colloquy with the defendant, which is a series of questions aimed at ensuring that the defendant is making a voluntary and informed decision to plead guilty. If the judge determines that the plea is not knowingly entered or completely voluntary, the plea may be withdrawn and the case may proceed to trial. Overall, the requirement that a guilty plea be knowingly entered and completely voluntary is an important safeguard in the criminal justice system, as it helps to ensure that defendants are not unfairly pressured into giving up their rights.
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the length of patent protection is _______ copyright protection.
The length of patent protection is shorter than copyright protection.
Although both copyrights and patents are ways to safeguard intellectual property, they have distinct uses and apply to various kinds of works. While copyrights are provided for first-authored works, patents are given for new discoveries or innovations. The normal duration of patent protection in the US is 20 years from the date the patent application was submitted. This implies that when the invention's patent has expired, it becomes publicly available and anybody may use, produce, or sell it without obtaining the owner's consent.
By allowing inventors a brief monopoly over their ideas, patent protection is intended to encourage innovation. After then, the information and technology can be freely accessed and used by others. In conclusion, copyright protection often lasts for the author's lifetime plus a number of decades, but patent protection is typically shorter, lasting about 20 years. These varying times reflect the various policy aims and objectives that underlie each kind of intellectual property protection.
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What does memorandum decision in appellate court mean
Answer:
A court's decision that gives the ruling (what it decides and orders done), but no opinion (reasons for the decision).
A memorandum decision is not subject to appeal by the dissatisfied party.
Topic: Should gun control be tightened?
1. Does the historical evidence support the conclusion that the second amendment phone to the right of individuals to possess firearms?
Answer: Gun control should be be tightened depending on the individual, area, and motives.
Explanation: The 2nd amendment proclaims the right to keep and bear arms. This amendment shall not be infringed.
Which refers to the fact that it takes time for the government to decide what to do? A.Recognition lag B.Administrative lag C.Operational lag D.Political lag
Answer:
D or A
Explanation:
:)
Capacity and authority are two important concepts with regards to the normal day to day functioning of a company. With the aid of authoritative text, critically discuss the form and substance of these concepts.
Capacity occurs in the form of abilities whereas authority occurs in the form of power.
Capacity refers to the ability of a person to use the given information for making a decision. A person that lacks capacity it means that its mind is impaired and he is unable to make a decision at that time while on the other hand, authority is the legitimate power that a person or a group of persons possess and use it over other people. In capacity, the person has something in the form of abilities whereas in authority, the person has something in the form of power which they used to implement its decision over other people.
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since penalties are imposed for breaking the law, the law must be easily understood.
The effectiveness of penalties in deterring law-breaking behavior is indeed dependent on the law being easily understood by the general population. When the law is clear and easily comprehensible, individuals are more likely to have knowledge of what actions are prohibited and the corresponding penalties they may face.
This clarity enables people to make informed decisions and consider the potential consequences of their actions before engaging in unlawful behavior.
However, achieving a perfectly understandable and universally accessible legal system is challenging. Laws can be complex, involving technical language and intricate legal concepts. Moreover, legal systems often encompass a wide range of subjects, from civil to criminal law, each with its own set of regulations. Despite efforts to simplify legal language, there will always be some degree of complexity in legal frameworks. Consequently, there is a constant need for legal education, public awareness campaigns, and accessible resources to bridge the gap between the law and the general population, ensuring that individuals can navigate and comply with the law effectively.
While the clarity and comprehensibility of laws are essential for effective deterrence through penalties, achieving complete simplicity is difficult due to the inherent complexity of legal systems. Efforts should be made to promote legal literacy and accessibility to empower individuals with the knowledge they need to understand and comply with the law.
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what qualities should a supreme court justice have
A Supreme Court justice should have several qualities, including:
Legal expertise and experience: A justice should have a deep understanding of the law and legal principles. This usually means having extensive experience as a lawyer or judge.Intellectual ability: A justice should have a sharp mind, with the ability to understand complex legal arguments and apply legal principles to new and challenging situations.Fairness and impartiality: A justice should be committed to fairness and impartiality in their decisions, regardless of their personal beliefs or biases.Integrity and ethics: A justice should be of high moral character and committed to upholding the rule of law and the Constitution.Open-mindedness: A justice should be open to considering different perspectives and opinions, and be willing to change their views when presented with new information or arguments.Judicial temperament: A justice should have a calm, respectful, and thoughtful demeanor, both in and out of the courtroom, and treat all individuals with dignity and respect.Ultimately, a Supreme Court justice's role is to interpret the law and protect rights and liberties, and possessing these qualities is crucial to fulfilling this duty effectively.
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The purpose of the state of union address is to provide the opportunity for the
Answer:
The purpose of the State of the Union address is to provide the opportunity for the "President to address Congress and the nation about the legislative goals to be accomplished," since this is one of the few times that the President has the attention of the entire Congress.
Explanation:
The crime control perspective views the justice system as a means of caring for and treating people who cannot manage themselves. True or False
It is highly inappropriate and completely wrong to be mentioning that the crime control perspective is viewed as the justice system for treating people who are not able to manage themselves. Therefore, the given statement is false.
The justice system can be stated or considered as the system that provides legal aid and relief at the same time for the purpose of maintaining the law and order in the society that it exists in. The perspective of rehabilitation is viewed as the one wherein it provides justice for those who are not able to keep a control over themselves.
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fill in the blank. a criminologist who believes that crime is caused by societal pressures such as social structures and culture would subscribe to___perspectives.
A criminologist who believes that crime is caused by societal pressures such as social structures and culture would subscribe to sociological perspectives.
Specifically, this perspective is often associated with the sociological theory of "social disorganization," which suggests that high levels of crime in certain neighborhoods or communities can be attributed to factors such as poverty, unemployment, racial segregation, and weak social institutions.
Criminologists who subscribe to this perspective argue that crime is not solely the result of individual choices or characteristics, but rather is influenced by larger societal factors. Other sociological perspectives that are commonly applied to the study of crime include strain theory, cultural deviance theory, and social learning theory.
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law establishing new states to the u.s., territories govern themselves
The process for establishing new states within the United States is outlined in Article IV, Section 3 of the U.S. Constitution, which states that new states may be admitted to the Union by an act of Congress.
This process typically involves the territory in question drafting a constitution, gaining the approval of the U.S. Congress, and being ratified by the President. Once a new state has been admitted to the Union, it has the same rights and responsibilities as any other state, including the ability to govern itself.
Once a new state is admitted, it becomes equal in every way to the original 13 states and is entitled to representation in the U.S. Congress.
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Your question is incomplete, but most probably, the complete question is:
What is the process for establishing new states in the United States, and how do territories govern themselves before becoming states
The heir of a large estate will be of legal age within 30 days. He lists for sale with a broker one of the properties held by the estate. The broker knows of a buyer for the property and sells it within 24 hours of listing, with closing to be in 45 days. The listing and sales agreement are
fulfilled, executed, voidable or executory??
Based on the given scenario, the listing and sales agreement can be considered executed. This is because the broker was able to find a buyer for the property within 24 hours of listing it for sale, and the heir has agreed to sell the property.
The terms of the agreement have been established, including the closing date which is 45 days from the date of sale. However, it is important to note that the agreement may also be considered executory since the closing date is still in the future and the buyer has not yet taken possession of the property. This means that both parties have obligations that need to be fulfilled before the agreement can be fully executed. It is not considered voidable as both parties have agreed to the terms and conditions of the agreement, and there is no indication that any fraudulent or illegal actions were taken during the transaction.
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Discuss and summarize the importance of building laws and codes
to the architecture practice.
The importance of building laws and codes to the architecture practice is that it ensures the safety, health, and welfare of the public by providing minimum standards for the design, construction, and maintenance of buildings.
Building codes are a set of regulations that must be followed when constructing buildings to ensure that they meet minimum standards for safety, fire protection, energy efficiency, and other critical areas. Architects are required to stay up-to-date with the latest building codes and regulations to ensure that their designs meet the minimum standards and comply with local laws. Failure to comply with building codes and regulations can result in fines, legal action, or even loss of life. Therefore, building laws and codes are crucial to the architecture practice to ensure the safety and well-being of the public.
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What are the reasons grandparents can file for custody of grandchild ?
Grandparents can file for custody of grandchild because when parents are not able to take care of their child then grandparents can take custody.
There are many reasons grandparents can file petition for custody of grandchild. Maybe the guardians can't deal with the kid, or perhaps there has been a sensational change in the family circumstance that leaves the kid without a home.Anything that the explanation, grandparents have lawful privileges with regards to looking for care of their grandkids.
The five reason why grandparents can file for custody of grandchild
#1. The grandparent is the most proper parental figure:
At times, a grandparent might be the most fitting and cherishing guardian for their grandkid because of reasons like age, monetary steadiness, or family ancestry
#2. The guardians can't give sufficient consideration:
Now and again, the parent or guardians might not be able or reluctant to give appropriate consideration and thoughtfulness regarding their kid. This could be because of medication or liquor misuse, psychological instability, or detainment.
#3. The guardians are perished or missing:
In the sad instance of a parent's demise or long haul nonappearance because of reasons, for example, military help, it very well might be vital for a grandparent to petition for care of their grandkid.
#4. The guardians can't give monetarily to the kid:
At times, the parent or guardians might not be able to give monetarily to their kid because of joblessness or an absence of assets and dependability. For this situation, a grandparent might petition for care of their grandkid to give a superior life to them.
#5. The guardians have dismissed their parental obligations:
Now and again, the parent or guardians might have disregarded their parental obligations because of compulsion or psychological sickness.
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Why can't typologies be applied to both male and female offenders
Typologies cannot be applied to both male and female offenders due to gender differences in criminal behavior, socialization, and contextual factors.
Typologies in criminology refer to classification systems that categorize offenders based on their characteristics, behaviors, and motivations. While typologies can be useful in understanding and predicting criminal behavior, they often face challenges when applied to both male and female offenders. Here's a detailed explanation:
1. Gender Differences in Criminal Behavior: Men and women tend to exhibit different patterns of criminal behavior. Research suggests that males are more likely to engage in violent and property crimes, while females are more likely to be involved in offenses such as fraud, drug-related crimes, or offenses driven by relational aggression. These gender differences in criminal behavior make it challenging to develop universal typologies that accurately capture the nuances of both male and female offenders.
2. Socialization and Contextual Factors: Gender-specific socialization processes, cultural norms, and societal expectations play a significant role in shaping criminal behavior. Factors such as family dynamics, peer influence, and economic conditions differ for males and females, influencing their pathways to crime. Applying the same typologies to both genders may overlook these gender-specific socialization and contextual factors that contribute to criminal behavior.
3. Sample Size and Representation: Typologies are often developed based on empirical research and data analysis. However, the representation of female offenders in criminal justice data and research samples is relatively smaller compared to males. This disparity in sample sizes can limit the accuracy and generalizability of typologies when applied to female offenders.
4. Intersectionality: Gender intersects with other factors such as race, ethnicity, socioeconomic status, and age, further complicating the application of typologies. The experiences and motivations of male and female offenders are influenced by these intersecting identities, necessitating a more nuanced approach to understanding their criminal behavior.
In summary, the application of typologies to both male and female offenders faces challenges due to gender differences in criminal behavior, socialization processes, contextual factors, limited sample sizes for female offenders, and the influence of intersecting identities. Recognizing and considering these gender-specific factors is crucial for developing more accurate and comprehensive typologies that capture the complexities of criminal behavior in both males and females.
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In which type of jurisdiction does a sovereign
have power over a defendant because the
defendant is accused of engaging in an act either
in or through contact with the place in which the
court is located?
Oa. venue
4
Ob. concurrent jurisdiction
Oc. subject matter jurisdiction
Od. personal jurisdiction
Answer:
b which is concurrent jurisdiction
Reading Test Bank 7
Name
Florida Test Prep Workbook
6. Which is the best summary of the section titled "Federal Reserve System" in Passage 2?
You can think of the Federal Reserve System as a watchdog because it watches our buy
money supply, interest rates, and pricing.
B Another name for the Federal Reserve System is the Fed. It is a difficult system to
understand, but Congress knows all about it.
The Federal Reserve System is not easy to understand. It has lots of parts. It is not
owned by the government. Its main job is to protect the money system in our country.
The Federal Reserve is the central bank of the United States. Congress receives reports
from the Fed, but the government does not own it. Its main job is to keep the U.S.
money system secure.
Answer: Your welcome!
Explanation:
The best summary of the section titled "Federal Reserve System" in Passage 2 is: The Federal Reserve is the central bank of the United States. Congress receives reports from the Fed, but the government does not own it. Its main job is to keep the U.S. money system secure. This accurately summarizes the main points of the section which includes the Federal Reserve System being the central bank of the United States, the government not owning it, and the main job of the Fed being to keep the money system secure.
Arthur Fairchild is accused of breaking into a top secret military installation and tampering with the records. Fairchild claims that at the time of the break-in he was with some friends smoking marijuana. Because that is against the law, his friends do not want to testify on his behalf. Will they have to?
Answer:
yes
Explanation:
it is still against the law to smoke marijuana so they will have to testify anyway
It can be hard for a business to win a commercial disparagement tort
because to prevail a business must be able to show
O A. that the company took all reasonable actions to counteract the
libel
O B. that the defendant used unfair competition that resulted in the
loss
O C. that their customer base cannot be recovered
O D. an accurate projection of how much money was lost as a result of
the slander or libel
Answer:
D.
Explanation:
The commercial disparagement is a type of 'tort' in which a person makes some derogatory statement against the business or a person causing them harm. It is also known as business disparagement.
Though it can be hard for the plaintiff to prove commercial disparagement yet certain parameters or prerequisites are laid in the law which can be shown as proof. One of the prerequisites is to show financial loss occurred due to the slander or libel. The plaintiff can show his/her financial losses occurred after the libel is traded in the market.
Therefore, option D is correct.
Bruce is charged with violating the Counterfeit Access Device and Computer Fraud and Abuse Act (CFAA). To be guilty of crime under the act, the prosecutor must prove that Bruce
a. accessed a computer without authority only.
b. accessed a computer without authority or took data.
c. accessed a computer without authority and took data.
d. took restricted or protected data only.
In the context of the situation of the context that has been provided above, it is to be stated that the prosecutor must prove that Bruce accessed a computer without an authorization. Therefore, the option A holds true.
A prosecutor is the person who has been given the responsibility of acting in either defense or proving the guilt of the plaintiff or the defendant. Moreover, the prosecutor must be putting his points in the direct interest of his or her client. This also includes to prove that his client had an unauthorized access to the computer.
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According to the supremacy clause, what three items are the supreme law of the land?
According to the Supremacy Clause in the United States Constitution, there are three items that are considered the supreme law of the land.
The Supremacy Clause establishes that the Constitution, federal laws, and treaties are the supreme law of the land and that state laws and constitutions must comply with these federal laws.
The first item that is considered the supreme law of the land is the Constitution itself. The Constitution is the foundational document of the United States, and it sets out the basic structure and principles of the federal government. The second item that is considered the supreme law of the land is federal law.
These laws are enacted by Congress and signed into law by the President. They cover a wide range of topics, from criminal law to environmental law to healthcare. Federal laws apply to everyone in the United States, regardless of which state they live in. The third item that is considered the supreme law of the land is treaties. Treaties are agreements between the United States and other nations. They cover a variety of topics, from trade to defense to human rights. Treaties are negotiated by the President and must be approved by two-thirds of the Senate.
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Under what circumstances, if any, should people be prohibited from voicing unpopular views?
Answer:
if they use violence or threats especially against a certain person as it can cause emotional stress.
I hope this helps!
Answer:
Voicing Unpopular opinions is apart of Everyone's constitutional Right, and isn't prohibited in any way but is limited.
Explanation:
Everyone has the right to voice their opinion, like who they Want to be President, or Samsung vs iPhone, whatever the matter is you have that right, but is limited, you are not allowed (Using your words) to cause a Public disturbance if their is no threat, like you can't call fire in a Movie theater if their is none, or you can't say "GUN" while the President is speaking or threaten some. It's just not allowed, these aren't considered an Opinion, their just disturbances.
Clint and Carlina are lifelong friends who have decided to open a bakery together. They are both experienced bakers who specialize in artisanal cheesecake, and they feel the world is in need of their creamy and decadent desserts. They are concerned about protecting their assets in case the business fails, about being able to pay the taxes for a business that is just starting out, and about the difficulty of setting up and maintaining the business.
What are the pros and cons of the different business entities they could form? (Go through the four (4) main types of business entities we have learned about). Which type of business entity do you think would be their best option and why?
The merger is the best option that they can get would be their best option.
The ownership of businesses, other businesses, or various units may be passed to or combined with yet another firm in a move known as a merger.
Clint and Carlina have decided to open a bakery together. They are both experienced bakers who specialize in artisanal cheesecake and feel the world is in need of their desserts.
The couple is concerned about protecting their assets in case the business fails, and about the difficulty of running a business then they will merge and the asset and the business can both be managed in the same manner.
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Should individual states have more or less power compared to the federal government when implementing laws dealing with topics such as the legalization of marijuana and abortion?
Answer:
In recent years, states have shown that they have a respectable amount of power when it comes to elements like the legalization of marijuana and abortion. States have been shown making their own decisions and laws about them without consent from the government. Despite marijuana being federally illegal, it is legal in California.
Whether individual states should have more or less power when implementing laws dealing with issues such as the legalization of marijuana and abortion is a complex and debated issue.
Those who argue for more state power often advocate for states' rights and the principle of federalism.
They believe that states should have the authority to make decisions on these controversial issues, as they are closer to the needs and values of their respective populations.
On the other hand, proponents of a stronger federal government argue for uniformity and consistency in national policies.
They believe that certain issues, like marijuana and abortion, require consistent standards across the entire country to avoid confusion, ensure equal treatment, and protect individual rights.
Thus, the distribution of power should aim to strike a balance that serves the best interests of the citizens and upholds democratic principles.
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