True.
Reason:
The police will take your property, yet you are never convicted of a crime. Sounds like an Orwellian fantasy in a dystopian universe, far from something that would happen in modern America, right? Think again. This practice is known as "civil asset forfeiture." Civil asset forfeiture happens when a person’s property is permanently taken from them even though they never were convicted or pled guilty to a criminal offense. Property taken through asset forfeiture is theoretically used in the commission of a crime or obtained through criminal activity, such as drug trafficking.
It's a way for law enforcement officials to seize millions of dollars worth of cash and property every year. Depending on state law, the law enforcement agency generally gets to keep the profits from the sale of these assets in many cases. Some have called it "policing for profit" or highway robbery, others believe it's a valuable tool that aids law enforcement and helps weaken criminal organizations by hitting them in the wallet, so to speak.
What branch of government do regulatory agencies fall under?.
If you have been convicted of murder in a federal district court, and you appeal your conviction to a regional Court of Appeals, you will certainly get your case overturned by the federal appellate court based on the fact that you presented new evidence before a jury in an appellate court, new evidence not heard in you trial that absolutely proves you are innocent.
a. True
b. False
Answer:
False
Explanation:
Susan is a paralegal in a one attorney office. she works for mr. robert sharkey. one friday afternoon, attorney sharkey left early to take a flight to las vegas. he planned to be back on monday. bob jones, one of the firm's divorce clients, runs into the office and tells susan he just shot his ex-wife when she came at him with a knife after an argument. he throws the gun on the desk and asks susan to hide it for him. susan takes the gun and puts it into her desk drawer and locks the drawer. she plans to discuss the issue with her attorney when he gets back on monday. she tells bob that the firm can help him avoid jail time since the wife instigated it and bob shot her in self-defense. bob leaves.that night susan joins her friends for happy hour and tells them about what happened but she does not mention bob's name. after susan tells the story a news flash comes on the television at the bar and the story says the suspect is bob.use the aba model rules of professional conduct or your states ethics rule and spot all the issues in this scenario. what did susan do wrong and what rules did she violate? should she have informed the police?
Susan has violated several rules of professional conduct in this scenario. First, by hiding the gun and not immediately reporting the incident to the police or her attorney, she failed to uphold her duty of confidentiality to her client and to maintain client confidentiality.
Additionally, by telling her friends about the incident and potentially revealing Bob's identity, she breached her duty of confidentiality.
Furthermore, Susan's plan to use Bob's self-defense claim to help him avoid jail time could be seen as an attempt to deceive the court and therefore a violation of Rule 3.3(a)(1) of the ABA Model Rules of Professional Conduct, which requires lawyers to be truthful in their representations to the court.
Susan should have immediately reported the incident to the police or her attorney and let the legal system handle the situation. By not doing so, she potentially allowed a dangerous individual to go free and put herself and others at risk.
Overall, Susan's actions were unethical and potentially illegal. It is important for paralegals and legal professionals to uphold the highest standards of professional conduct and adhere to their ethical obligations to clients and the legal system.
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suppose a judge sitting on a district court in texas is found to have been accepting monetary bribes from lawyers to rule in their favor on several cases. according to the texas constitution, what is the most likely action to be taken regarding this judge?
When a district court judge in Texas is discovered to have taken bribes from attorneys to decide in their favor on a number of cases, the Supreme Court of Texas will probably take steps to remove the judge from office.
The Judicial Conduct Commission has the authority to remove a judge from office for incompetence in the performance of the duties of the office, willful violation of the Code of Judicial Conduct, or persistent violation of rules promulgated by the Supreme Court of Texas.
In other words, judges are free to hold office for however long they see fit, and the only way to remove them from through impeachment.
A quorum must consist of seven persons. With the exception of recommendations for a judge's retirement, suspension, or removal, which must be granted by a vote of at least seven members, decisions must be made by most of those present.
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During the 1950s, psychology and social psychological research played key roles in the new focus on prisoner's health and well-being. This resulted in more freedom for those in prison facilities. At the same time, overcrowding was an ongoing problem. In the 1960s and 1970s, the new freedoms and the overcrowding led to _____.
an increase in the number of clergy hired to work in correctional institutions
prison riots and increased interpersonal violence
an increase in products and services made by the incarcerated
an increase in the use of solitary confinement
Answer: prison riots and increased interpersonal violence
Explanation:
With prisoners having more freedom in prisons, they regularly came into contact with other prisoners. As the prisons became overcrowded, contact with other prisoners increased and so did tensions.
These tensions boiled over into interpersonal violence and conflict which escalated sometimes into full blown riots such as the Attica Prison riot of 1971 and the Ohio State Penitentiary riot in 1968.
Thirteen year old Marianne is a freshman in high school. She is an honor student and wants to sing on the choir. When she arrives at choir practice, the teacher tells her she must take a drug test if she wants to participate in any extra-curricular activities. Marianne refuses and is kicked out of choir.
This is an incident of non-violation. The fourth amendment protects against unreasonable searches and seizures, but in Tinker v. Des Moines (1969), the Supreme Court ruled that drug tests for all students participating in extracurricular activities are a reasonable way to prevent and deter drug use.
What is the fourth amendment?The Bill of Rights includes the Fourth Amendment to the United States Constitution. It forbids arbitrary searches and seizures.
Fourth Amendment case law addresses three major issues: what constitutes "searches" and "seizures" by the government, what constitutes probable cause to conduct searches and seizures, and how to address violations of Fourth Amendment rights.
Therefore the incident is not violating any amendment.
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If a+6= 8 what does a=?
You should have your fuel tank, fuel lines fuel pump,carburetor and fuel injectior lines checked regularly to prevent _____.
A.fires
B.fuel leaks
C. Exposure to toxic gases
D. All of the above
Explain the sources of each type of law and provide examples of each:
constitutional law,statutory law, common law.
Laws exist in various structures at each level of government.
Law exists in statutory structure as well as in its common law structure through judicial decision.
Statutory law exists at all levels of government.
Laws exist in various structures at each degree of government.
Law exists in legal structure as well as in.
Answer:
80 inches^2
80 inches^2
80 inches^2
80 inches^2
80 inches^2
Explanation:
80 inches^2
80 inches^2
80 inches^2
80 inches^2
80 inches^2
What does the North American model?
In the North American Model, wildlife is held in the public trust. This means that fish and wildlife are held by the public through state and federal governments.
What significance does wildlife have?It maintains food chains and strikes a balance between the forces of nature. Wildlife offers a huge gene pool. It helps keep the species in a place alive. Various goods, including food and medicines, are produced by wildlife.
Why is it crucial to preserve wildlife?Agriculture, forestry, fishing, and other activities vital to human life depend on these ecological processes. By destroying or otherwise getting rid of some contaminants and avoiding waste buildup, they also aid in maintaining environmental quality.
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A disadvantage of using interacting groups to make decisions is...
a) group politics
b) void of expert opinion
c) an increase in programmed costs
d) faster decision making
e) too much brainstorming
The disadvantage of using interacting groups to make decisions is a) group politics.
When a decision-making process involves interacting groups, group politics is likely to come into play. Group politics refers to the dynamics, power struggles, and personal interests that can influence decision-making within a group. Individuals may engage in behaviors such as lobbying, forming alliances, or pursuing personal agendas, which can hinder the overall effectiveness and objectivity of the decision-making process. This can lead to biased or suboptimal decisions that may not necessarily align with the organisation's best interests or the problem being addressed.
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Which of the following is true of criminal cases?
A. The least blameworthy are punished.
B. Disputes are settled peacefully between private parties.
C. Defendant must answer or lose by default.
D. Proof depends upon preponderance of evidence.
E. A prosecutor files charges on behalf of society.
The one that is true for criminal cases is - A prosecutor files charges on behalf of society.
What are criminal cases?A criminal case is a sort of judicial action in which the defendant is tried for behavior that the state's legislature, or the government, deems to be unlawful. Criminal proceedings often start after the suspect is detained and charged, typically at an indictment hearing. A criminal case is a sort of judicial action in which the defendant is tried for behavior that the state's legislature, or the government, deems to be unlawful. Criminal proceedings often start after the suspect is detained and charged, typically at an indictment hearing.
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Which of these scenarios does NOT accurately reflect the MREC complaints and investigations process?
a) The hearing panel decided against the administrative law judge's recommendation to suspend Swaroop's license.
b) Finding no evidence of misconduct, the hearing panel reviewing Monica's complaint dismissed the claim.
c) Upon reviewing a complaint against licensee Derek, an administrative law judge deemed it worthy of further investigation.
d) The hearing panel forwarded Charlene's complaint against licensee Todd to Investigative Services for further inquiry.
The scenario that does NOT accurately reflect the MREC complaints and investigations process is option (a) "The hearing panel decided against the administrative law judge's recommendation to suspend Swaroop's license.
The MREC (Missouri Real Estate Commission) has established rules for investigating complaints and enforcing disciplinary actions against licensed real estate agents, brokers, and affiliated licensees.
A complaint must be written and contain information about the allegations made against the licensee. A complaint can come from any individual who believes that a licensee has violated a law, rule, or regulation.There is an investigative process after the receipt of a complaint, which may result in a hearing to determine if a violation has occurred or a decision to dismiss the complaint outright.
An administrative law judge presides over any hearing held before the MREC.When a hearing is held, the administrative law judge listens to testimony and evidence from both sides and makes a recommendation to the MREC. The commission makes a final determination as to whether or not there has been a violation of the real estate law and, if so, what disciplinary action will be taken.The scenario in option (a) is incorrect because the hearing panel decided against the administrative law judge's recommendation to suspend Swaroop's license.
The recommendation made by the administrative law judge carries significant weight, and the commission typically follows it.
However, in this scenario, the panel decided to ignore the recommendation of the administrative law judge. Hence, this scenario is not a part of the MREC complaints and investigations process.
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Explain the roles that the senses play in the works of Descartes and Hume and discuss how their views lead to their contrasting epistemological positions.
Answer:
Descartes argues that the senses are a thing of the body, not of the mind. The mind tells you it is wax while the body tells you it is cold, hard, scented, and so forth. Descartes argues that this is because the senses do not belong to the object.
The epistemological positions held by Descartes and Hume are contrasting as Descartes utilizes skepticism or doubt to find truth and knowledge present in the various sciences whereas, Hume uses skepticism and doubt to explain how knowledge is obtained or acquired.
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Several persons together stole a painting from an art museum. One of them, who was the driver, was caught during the commission of another crime. He told police that "I didn't even get any money from the art museum. It all went to the first guy and the second guy." When the first and second guy go on trial for the theft of the art painting, is the driver's statement admissible in court?
Answer:
If the driver's statement was voluntarily obtained by the police without duress, then the statement will be admissible. But, if otherwise, it cannot be admitted. Such self-incriminating statements are usually used as evidence for police to arrest a suspect, but to convict. This is why at the point of arrest, the suspect is read his or her "rights to remain silent."
Explanation:
It is the responsibility of the trial judge to determine any issues as to the statement's voluntariness. This implies that the confession can be admitted into evidence if the judge determines that the confession was voluntarily made by the driver. The judge will not admit the statement if it is determined that there were some use of threats of force, violence, or intimidation on the part of the police to obtain the self-incriminating confession.
the ____ is a general construction rule that states that fall protection is required
The General Industry Fall Protection Standard is a general construction rule that states that fall protection is required
This standard is issued by the Occupational Safety and Health Administration (OSHA) in the United States and applies to various industries and workplaces to ensure the safety of workers at heights.Under this standard, employers are responsible for providing fall protection systems, such as guardrails, safety nets, or personal fall arrest systems, to protect workers from falls that could cause injury or death. The specific requirements for fall protection systems may vary depending on the nature of the work, the height of the elevated surface, and other relevant factors.It's important for employers and workers to adhere to these fall protection requirements to minimize the risk of falls and promote a safe working environment.Failure to comply with fall protection standards can result in penalties, citations, and legal consequences for employers. Workers should be trained on the proper use of fall protection equipment and follow safety protocols to prevent accidents and injuries related to falls.
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Why is there concern about money in politics?
Answer: When people think about money in politics and corruption, they may imagine raise about $40,000 a day over the same period to cover their total expenditures.
which rule would not violate the fair employment and housing act, the unruh act, or the fair housing act? a rule prohibiting occupancy in a particular housing development by persons under the age of:
None of the Fair Employment and Housing Act (FEHA), Unruh Act, or Fair Housing Act (FHA) allow for discrimination on the basis of age. Therefore, a rule prohibiting occupancy in a particular housing development by persons under a certain age would violate all three acts.
Under the FEHA, it is illegal for employers and housing providers to discriminate against individuals on the basis of age.
Similarly, the Unruh Act prohibits discrimination on the basis of age in public accommodations, including housing.
The FHA also prohibits discrimination on the basis of age in the sale or rental of housing.
However, there are certain exceptions to these laws that allow for age-based housing restrictions in certain circumstances, such as senior housing developments that are specifically designed to meet the needs of older adults. These exceptions are narrow and require specific criteria to be met, so it is important to consult with legal counsel to ensure compliance with all applicable laws.
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the process of selling government owned businesses to private individuals
The process of selling government-owned businesses to private individuals is referred to as privatization. Privatization is the process of transferring government-owned assets to the private sector, typically by selling them to private individuals or organizations that will then assume responsibility for managing them.
A few points that explain the process of privatization are mentioned below:The government entity must first decide which businesses will be privatized, as well as the objectives and goals of privatization, in order to begin the privatization process. The government is responsible for determining whether the privatization of a specific company or industry is likely to produce the desired outcome.In many instances, the government will bring in outside consultants to evaluate the businesses and make recommendations for improvement.
The government will then establish guidelines and procedures to govern the privatization process.In order to attract private buyers, the government will typically initiate a marketing campaign to promote the sale of the businesses. Interested parties may be invited to bid on the businesses, with the highest bidder typically receiving the privilege of purchasing the business.In some instances, governments might offer incentives to entice companies to participate in the privatization process. For example, governments may offer tax incentives, financing, or other forms of financial assistance to help businesses meet their privatization objectives.The privatization process is completed when the government-owned businesses are sold to private individuals or organizations. Private owners take over the management of the businesses, and the government ceases to play a role in their management or operation.
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25. When can motorists cross over bicycle lanes?
Answer: Motorists should operate on a bike lane based on the city ordinances and road guidelines. Always remember that cars are not permitted in the designated bike lane except for the conditions mentioned above. You can only cross the lane when you enter or exit the driveway area.
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One of the challenges in putting Marx's ideas into practice has been that:a.he left no specific outline for how communism would be built.b.his guidelines for how to build communism were too costly to realize.c.his guidelines for how to build communism presumed technological innovation that has not yet occurred.d.he only provided a guideline for how to build communism in small agricultural countries.e.most of his writings have been lost.
One of the challenges in putting Marx's ideas into practice has been the fact that he left no specific outline for how communism would be built. While he provided a vision of a classless society, he did not give a clear roadmap for achieving it.
This has led to differing interpretations of his work and has made it difficult to implement his ideas in a concrete way. Another challenge has been the assumption that his guidelines for how to build communism were too costly to realize. Critics argue that the resources required to create a society without private ownership would be too great, and that the transition to communism would require too much sacrifice from individuals. This has made it difficult for proponents of communism to gain popular support for their ideas.
Additionally, Marx's guidelines for how to build communism presumed technological innovation that has not yet occurred. While he believed that communism would be made possible by advances in technology, such as automation and the elimination of scarcity, these advances have yet to materialize in the way that he predicted.
Overall, the challenge of putting Marx's ideas into practice is complicated by the fact that his writings can be open to interpretation and are often difficult to implement in a practical way. However, despite these challenges, many continue to see communism as a viable alternative to capitalism and are working to make it a reality.
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georgia vs waller argument
Hi!
In this case, the court decided that the "aims and interests" of open trials are "no less pressing in a hearing to suppress wrongfully seized evidence."
information retrieved from the oral hearing
Hope this helps! :0)
Can a supreme court justice be impeached and removed.
Answer: The Constitution states that Justices "shall hold their Offices during good Behaviour." This means that the Justices hold office as long as they choose and can only be removed from office by impeachment. Has a Justice ever been impeached? The only Justice to be impeached was Associate Justice Samuel Chase in 1805.
Explanation:
Task With the aid of case law, discuss the legal concepts of Duty of Care, Breach of Duty of Care, Causation and Damage, paying particular attention to duty and breach and apply these concepts to construction business. Guidance Note: You will need to cite case law for each principle that makes up the elements you discuss. You should then discuss how the principles apply to the construction workplace. Indicative word limit: 1800 words 40% of the grade
The legal concepts of Duty of Care, Breach of Duty of Care, Causation, and Damage are essential in the construction industry. Duty of Care refers to the responsibility that a person owes to another to ensure that they do not cause harm.
Breach of Duty of Care occurs when a person fails to take reasonable care and this failure causes harm to another. Causation is when the failure to take reasonable care is the cause of the harm. Damage refers to the harm suffered by the injured party.In the construction industry, the duty of care is owed by employers to employees, contractors, and members of the public who may be affected by their actions. The duty of care is also owed by the employees to their employers and co-workers.
A breach of duty of care can occur in many ways. An employer may fail to provide the necessary safety equipment or training to employees, which can cause harm. An employee may fail to follow safety procedures, which can cause harm to themselves or others.The case law that illustrates the concept of Duty of Care is Donoghue v Stevenson (1932). In this case, the claimant bought a bottle of ginger beer from a shop and found a decomposed snail inside the bottle. The claimant suffered from shock and gastroenteritis.
The court held that the manufacturer owed a duty of care to the ultimate consumer to ensure that the product was safe.The case law that illustrates the concept of Breach of Duty of Care is Nettleship v Weston (1971). In this case, a learner driver was being taught by her friend and was involved in a car accident. The court held that the learner driver was responsible for the accident, and her friend, the instructor, was held liable for the injuries caused.The case law that illustrates the concept of Causation is Barnett v Chelsea and Kensington Hospital Management Committee (1969).
In this case, the claimant went to the hospital complaining of stomach pains and vomiting. The doctor on duty sent him home, and he died later that night from arsenic poisoning. The court held that the hospital was not liable for the death of the claimant as the failure to diagnose the condition was not the cause of the death.
The case law that illustrates the concept of Damage is Hughes v Lord Advocate (1963). In this case, the defendant left a manhole on the road with no warning signs. The claimant fell into the hole and suffered burns from molten tar. The court held that the defendant was liable for the injuries caused to the claimant as he failed to provide a warning of the danger.
In conclusion, the legal concepts of Duty of Care, Breach of Duty of Care, Causation, and Damage are significant in the construction industry. These principles ensure that employers, employees, and members of the public are protected from harm. It is the responsibility of all parties to take reasonable care to prevent harm to others.
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Alcohol use/abuse leads to______ in the user/abuser.
Answer:
dependency. hope that's correct
What happens when I get a DUI in Florida?.
In Florida, a first-time DUI conviction carries a maximum fine of $1,000, a maximum jail sentence of six months, a potential license suspension of up to six months, and fifty hours of community service.
First offence with no physical harm: Minimum 180 days, maximum one year of revocation. First offence resulting in physical harm: minimum three-year suspension. Revocation of at least five years for a second offence that occurs within five years of a prior conviction. After a year, they can be qualified for reinstatement under hardship. For a Florida DUI, you could face the following penalties: First conviction: Up to six months in jail. Jail term can be up to nine months if your blood alcohol level (BAL) was 0.15 or above or if a minor was in the car. If convicted again, you might spend up to nine months behind bars. Driving while intoxicated, sometimes known as DUI, is the illegal act of operating a vehicle while under the influence of alcohol or other drugs: The following day, he was detained for DUI. A DUI conviction in Florida cannot be sealed or expunged; it remains permanently on your criminal record. Your Florida driver's license will be suspended for 75 years if you receive a DUI conviction.
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Family law is handled by which type of court?
Answer: Family law is handled by the California Superior Court.
Explanation:
Answer:
gaily cort
Explanation:
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Once a Constitutional amendment has been proposed, to which of the selections below is it generally passed for formal ratification?
Select one:
A. state legislatures
B. state governors
C. Congress
D. President
Answer:
State legislators.
Answer:
B. State Lesgislatures
Explanation:
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Who filed a 1966 supreme court case because he was arrested and interrogated without being told of his rights?.
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What's the difference between individual and societal culpability for criminal behavior?
Answer:
the others are already answered
Explanation:
For general intent, the prosecution need only prove that the defendant intended to do the act in question, whereas proving specific intent would require the prosecution to prove that the defendant intended to bring about a specific consequence through his or her actions, or that he or she perform the action