Dabney v. State
3. Summarize the Special Court of Appeals’ arguments that Dabney could not commit attempted fourth-degree burglary.
The Special Court of Appeals’ arguments that Dabney could not commit attempted fourth-degree burglary is that thinking of the crime does not make you a criminal and thus, the defendant can not be convicted of a non-exsitence crime.
What is the case of Dabney v. State?The defender "Dabney" was convicted for attempt 4th degree burglary but appealed on the grounds he did not actually commit it.
Hence, he could not be convicted of actus reus of being on the property no criminal significance in its own right absent the mens rea of an intent to commit theft.
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State v. Damms
7. What if Damms knew the gun was unloaded? Should he still be guilty of attempted murder? Explain your answer.
Any attempted murder will most likely be guilty before the law whether the pointed gun is knowingly loaded or not.
What is the case of State v. Damms?The court rule that since the handgun was empty and unknown by the the assailant who constituted some extraneous factor, this is enough conviction of attempted murder.
Also, majority of opinion hold that a person that points an unloaded gun (pistol) at someone knowing it to be unloaded and pulls the trigger will be found guilty of an attempt to commit murder.
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The first step in developing a comprehensive safety and health program including ppe is to.
The first step in developing a comprehensive safety and health program including personal protective equipment is to: perform a hazard assessment.
What Exactly Is a Hazard Assessment?The process of identifying, evaluating, and managing health risks and safety hazards at work is known as hazard assessment. Additionally, it suggests sensible safety precautions that can be taken to lessen the risks mentioned.
Hazard assessments can range from being a meticulous and involved process to being as straightforward as going through a checklist or simply examining a working space. Even if there are no obvious changes to the workplace or job site, daily risk assessments should be performed. This will guarantee that all risks are taken into account and that all necessary hazard controls are implemented.
What are the two categories of danger assessments?
The two forms of hazard evaluations:
Formal Hazard AssessmentsSite-specific Hazard Assessments.Learn more about hazard assessment with the help of the given link:
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A plaintiff sued a defendant for injuries allegedly suffered when he slipped and fell on the defendant's business property. At trial, without asking that the defendant's property manager be declared a hostile witness, the plaintiff called him solely to establish that the defendant was the owner of the property where the plaintiff fell. On cross-examination of the manager, the defendant's attorney sought to establish that the defendant had taken reasonable precautions to make the property safe for business invitees. Should the defendant's cross-examination of the manager be permitted over the plaintiff's objection?
In Ability Center, et al. v. Moline Builders, et al., the court issued a decision on August 10, 2020 giving partial summary judgement in favor of the plaintiffs and against the defendants (N.D. Ohio).
The front entrance and the walkway leading to a covered unit must be accessible to people with disabilities under the Fair Housing Act's accessibility standards for newly built multifamily residences.
Defendants contended that their primary responsibility was to create a path for people with disabilities to enter the apartment, which they claimed they had accomplished by constructing a path through the garage.
The front entrances and walkways of covered houses are "public use and common use components," according to the United States' Statement of Interest.
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Foreign policy, especially such issues as declaring war, is primarily conducted at the – level. The only level of government not mentioned in the constitution is the – level.
Foreign policy, especially such issues as declaring war, is primarily conducted at the federal level. The only level of government not mentioned in the constitution is the local level.
What exactly is foreign policy?The methods a state employs to safeguard its national and international interests, as well as how it engages with other states and non-state entities, are referred to as its foreign policy. A nation's national interests must be protected, whether by nonviolent means or aggressive ones, and this is the main goal of foreign policy.
Foreign policy examples
China created the Belt and Road Initiative in 2013, which is the country's plan to forge closer economic relations with North America, Europe, and Africa. Many American presidents are remembered for their significant foreign policy choices, like the Monroe Doctrine, which forbade the imperialist invasion of an independent state.
A foreign policy can also be the choice not to engage in global discussions and organizations, as in North Korea's more isolationist stances.
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What is the irs underpayment penalty for an overstated charitable contribution deduction taken directly on form 1040?.
The irs underpayment penalty for an overstated charitable contribution deduction taken directly on form 1040 is 50% of your total deduction amount, up from 20% under prior law. The most difficult penalty provision works in this direction: If the IRS determines that you've overstated charitable tax deductions and underpaid your tax liability, you may be assessed a penalty of 50% of your total deduction amount, up from 20% under prior law.
What leads to the penalty for a substantial understatement?Substantial Understatement of Income Tax Penalty happens when you project a Section 199A Qualified Business Income Deduction on your tax return, the penalty applies if you understate your tax liability by 5% of the tax required to be shown on your return or $5,000, whichever is higher.
Therefore, the correct answer is as given above
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——-Heighten aggressive or hostile behavior and distort the drivers decision making process
Stimulant Heighten aggressive or hostile behavior and distort the drivers decision making process.
What is stimulant?They are substance consumed by an individual that makes them do thing irrationally.
It gives them additional strength and can raise their nervous activity in the body.
Therefore, Stimulant Heighten aggressive or hostile behavior and distort the drivers decision making process.
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Stimulants heighten aggressive or hostile behavior and distort the drivers decision making process. Option B. Stimulants is the correct answer. Read below about stimulants.
What are stimulants?Stimulants is an overarching term that covers many drugs including those that increase activity of the central nervous system and the body, drugs that are pleasurable and invigorating, or drugs that have sympathomimetic effects.
Therefore, the correct answer is option B. Stimulants.
The complete question goes thus:
________ heighten aggressive or hostile behavior and distort the driver's decision-making process.
(A) Hallucinogens
(B) Stimulants
(C) Depressants
(D) Narcotics
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Justin wants to file a suit against mikayla. for a court to hear the case a. the court must issue a deposition. b. the court must have jurisdiction. c. the parties must own property. d. mikayla must agree.
Answer: B
Explanation:
_______ is the application of law from previous cases to current cases with substantially similar circumstances.
1. Unlike fraud and abuse, which of the following does not necessarily involve a violation of the law
Answer: misdemeanor
Explanation:
Includes patents, trademarks, service marks, trade secrets, copyrights, proprietary information and inventions or techniques.
An asset that includes patents, copyright, service marks, proprietary information, trade secrets and techniques or inventions is known as an intangible asset.
What is Intangible Asset?An intangible asset is an asset that is purchased by a company and they have a legal right to use it, it have a useful life sometimes there is no defined life.
If the life of an intangible is defined it is amortized over its legal useful life but there is a case that the life of an intangible asset is not defined and determinable it is not amortized instead it is checked for impairment review, such as intangible asset's example is Goodwill.
Goodwill is an intangible asset that is acquired by a company when an acquisition of another company is made. The Goodwill is calculated at the acquisition date and then is reviewed for impairments.
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Which approach to law relies on decisions made by judges in previous cases along with statutes and regulations made by legislatures
Common law relies on decisions made by judges in previous cases along with statutes and regulations made by legislatures.
What is Common law?
In law, common law is the body of law formed by judges and comparable quasi-judicial tribunals by virtue of being declared in written decisions. It is also known as judicial precedent, judge-made law, or case law. The fact that "common law" emerges as precedent is its distinguishing feature. In circumstances where the parties differ on the law, a common law court looks to previous precedential decisions of competent courts and synthesizes the principles of those previous cases as applicable to the current facts. If a similar matter has already been decided, the court is usually compelled to follow the reasons employed in the earlier ruling (a principle known as stare decisis).Therefore, common law relies on decisions made by judges in previous cases along with statutes and regulations made by legislatures.
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Why is the Prosecuting Attorney often cited as the most powerful office in the criminal justice system
The exercise of discretion resides with this office, which is why the prosecutor's position is so powerful. The prosecutor has the authority to charge (or not charge), choose the charge(s), or dismiss the case. In plea negotiations, the prosecutor has the most sway.
Why is the prosecutor's role so very important?
To lessen the severity of a charge in exchange for a guilty plea or other types of cooperation with the prosecution, the prosecutor can propose plea deals. Additionally, he oversees the state's trial and proposes sentences.
What is the most powerful tool in the criminal justice system?
Decision-making freedom is provided through discretion, namely the authority to decide on matters within the bounds of the law. Many people believe that the most effective instrument in the criminal justice system is discretion.
Is the prosecutor more powerful than the judge?
The prosecutor frequently has more control over the punishment a person convicted of a crime receives than the judge who sentences them because the punishment for a crime is mostly dictated by the sentence that lawmakers have defined in the criminal code.
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The specific format, deadlines, and requirements of each pleading are set forth in court rules known as the _______..
The Code of Hammurabi is a _______ legal code that dates back to 1754 BC, most of which deals with contract law.
The Code of Hammurabi is a Babylonian legal code that dates back to 1754 BC, most of which deals with contract law.
The Code of Hammurabi Around 1755–1750 BC, the Babylonians wrote the Code of Hammurabi, a legal code. It is the longest, most well-organized, and most well-preserved legal treatise to have ever existed in the ancient Near East. Hammurabi, the sixth monarch of Babylon's First Dynasty, is credited for writing it in the Old Babylonian dialect of Akkadian.From 1792 until 1750 BC, Hammurapi, the sixth king of Babylon's Amorite First Dynasty, ruled (middle chronology). He used military prowess, diplomacy, and treachery to establish Babylonian domination over the Mesopotamian plain. The local hegemon at the time Hammurabi succeeded his father Sin-Muballit was Rim-Sin of Larsa, and Babylon had little influence in the region. Hammurabi left Rim-organization Sin intact and waited until he was old before advancing to seize his land. Hammurabi later turned on his allies at Eshnunna.
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and state any three crime. discuss its effects and prevention
physical – any physical damage including death, injury, or violence. emotional or psychological – any negative influences on psychological and emotional well-being. financial or financial – any cloth or monetary losses.
How do we prevent crime?Increasing the dangers of detection, decreasing the rewards for offending and growing the difficulty of offending are all ways to forestall crime. This form of crime prevention is related with the crook justice gadget - police, courts and prisons - and is the most typically understood form of crime prevention.
Punishments traditionally reflect the seriousness of the crime, the most serious are those which involve violence and/or loss of life. The motives of crime are complex. Poverty, parental neglect, low self-esteem, alcohol and drug abuse can be related to why people smash the law.
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https://brainly.com/question/18471817#SPJ1When a patient is covered under more than one policy, __________ is used to ensure the claim is not paid to more than 100%.
According to lesson 4,5, what are 3 of 4 questions you can ask yourself when assessing your fitness to drive?
Are you emotionally capable of operating a vehicle at that time?
Are the documents you need to drive legitimate documents?
Do you understand how your automobile works and the applicable traffic laws?
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A few questions are:
Are you emotionally fit enough to drive at that time?
Do you have the proper paperwork you need to drive?
Do you know how your car works and what the rules of the road are?
What is the medical fitness to drive assessment?Evaluating Fitness to Drive for Commercial and Private Vehicle Drivers describes the applicable national medical criteria that must be followed while conducting the test. It contains the examination proforma and examiner instructions in detail. The Registrar of Motor Vehicles is in charge of granting, renewing, suspending, or cancelling a driving license or an auxiliary certificate. Decisions on granting licenses are made after carefully weighing all pertinent variables, such as an applicant's health and driving prowess.
Criminal Liability & Insurance - Health professionals may be held civilly responsible if a court determines that they failed to take reasonable precautions to guarantee that intoxicated drivers only operate vehicles in situations that do not place them in danger. Health practitioners may be held liable, therefore professional indemnity insurers may fairly expect them to adhere to national medical standards.
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A person who believes an agency has violated his or her userra rights may file a complaint with the veterans employment and training service in the department of.
A person who believes an agency has violated his or her userra rights may file a complaint with the veterans employment and training service in the department of the Secretary of Labor.
What is the secretary of labor department?In the United States of America, the secretary of labor is the office that is responsible for the overseeing and the management of all functions that pertains to labor in the country.
This person is one that is also in charge of the laws that are made with respect to labor in the nation.
He has to work closely with unions and other labor parastatals to take care of the issues that have to do with workers and their employees and the relationships in the workplace.
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Affections in baroque usage refers to
Affections in baroque usage refers to emotional states or moods of music.
The late Baroque theorists and composers largely embraced the doctrine of the affections, also known as Doctrine Of Affects or German Affektenlehre.
This was a theory of musical aesthetics that welcomed the idea that music might elicit a variety of particular feelings in the listener.
A common view of music and musicality throughout the Baroque era was the Doctrine of Affections. The Doctrine was a product of the confluence of science and reason with music.
It aimed to reconcile what man knew about science and the human body, and what man thought he knew about music.
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What type of law developed in England by judges who wrote down their decisions and circulated them to other judges
The common law was developed in early England by judges who wrote down their decisions and circulated them to other judges.
What are common laws?In law, common law is the body of law formed by judges and comparable quasi-judicial tribunals by virtue of being declared in written decisions. It is also known as judicial precedent, judge-made law, or case law. In early England, judges wrote down their rulings and transmitted them to other judges, which led to the development of common law. The fact that "common law" emerges as precedent is its distinguishing feature. In circumstances where the parties differ on the law, a common law court looks to previous precedential decisions of competent courts and synthesizes the principles of those previous cases as applicable to the current facts. If a similar dispute has already been handled, the court is normally compelled to accept the logic employed in that case.As the definition itself says, In early England, judges wrote down their rulings and transmitted them to other judges, which led to the development of common law.
Therefore, the common law was developed in early England by judges who wrote down their decisions and circulated them to other judges.
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Which of the following explanations best matches the Supreme Court's application of the principle of due process of law
Answer:
The Supreme Court applies the principle of due process of law to protect individuals from arbitrary and unjust government action. This means that the government must provide procedural safeguards, such as notice and a fair hearing, to ensure fairness and prevent unwarranted government actions. This protection of the rights of individuals ensures that the government is held to a standard of fairness when taking actions that affect individuals. As such, the Court views due process of law as an important protection of fundamental rights and a way of checking government power.
What was an argument in favor of federalism at the time of the writing of the Constitution?
An argument in favor of federalism at the time of the writing of the Constitution was that the, federalists argued for the counterbalancing the branches of the government.
In the light of the charges which the Constitution is said to have created a strong national government, they were thus able to argue that the separation of the powers among the three branches of government is said to have protected the rights of the people.
However, here the federalists tend to argue for the counterbalancing of the branches of government. Thus, the federalism would provide for a stronger national government than the one which existed under the Articles of Confederation.
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In the state of Texas at what age is it legal for you to start buying or consuming
alcohol?
Answer:
21 years old.
Explanation:
In America, the legal age for consuming and drinking alcohol is 21 years old. Texas is a state in America, so the legal age is 21.
What is the maximum penalty for selling beverages to an intoxicated person alcoholic beverages
The Liquor manages Act prohibits an alcoholic liquor permittee or their employees from supplying alcohol to intoxicated individuals (CGS § 30-86(b)(1)). Violations are punishable by using as much as $1,000 up to at least one-12 months imprisonment, or, for every offense (CGS § 30-113).
Some commonplace signs and symptoms of intoxication are Loud speech, boasting, crude conduct, consuming on my own, ingesting too fast, slurred speech, ordering doubles, looking for rounds, and stumbling.
Single indicator as a way to particularly become aware of seen intoxication.
1)frequency of drinking.
2)Speech.
3)Incoherent, rambling, and slurring.
4)conduct.
5)impolite, offensive, overly pleasant, annoying, confused, aggressive, violent, and inappropriate.
6)stability.
7)Unsteady on toes, dazzling and swaying.
8)Coordination.
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According to the Statute of Frauds, which of the following need NOT be in writing to be enforceable at law
As per the Statute of Frauds, specific sorts of agreements should be recorded as a hard copy to be enforceable at regulation.
In any case, one classification of agreement that need NOT be recorded as a hard copy to be enforceable is the "part performance" exemption. Part execution alludes to circumstances where one party has currently to some degree played out their commitments under an oral agreement.
In such cases, if implementing the agreement would forestall vile improvement or misrepresentation, a court might perceive the agreement's legitimacy, despite the fact that it isn't recorded as a hard copy. Part execution gives a lawful cure in circumstances where one party has depended on the oral understanding and made critical moves in light of it.
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what supreme court case set the precedent of judicial review?
This theory was discovered by the court in Marbury v. Madison (1803). The Court had to determine which was greater, law of the land, in this case: a Congress Act, or the Constitution.
The Supreme Court was granted original jurisdiction to issue writs of mandamus by the Judiciary Act of 1789. (legal orders that can compel government authorities to act in accordance with the law). The Supreme Court recognized that the Constitution did not give the power of original jurisdiction to the courts in this matter despite a lawsuit being filed under this Act. The Supreme Law of the Land is established by Article VI of the Constitution, hence the Court ruled that a congressional act that is in disagreement of the Constitution cannot be upheld.
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A trial judge presiding over a lawsuit plans to call a witness to the stand and question her. May the judge do so
A trial judge presiding over a lawsuit plans to call a witness to the stand and question her. May the judge do so to hear the first hand information of what the witness saw.
Who is a witness?This is a person that is called to testify in a court of law. The reason the witness takes the stand is because he or she has seen or heard something concerning the case.
Hence the judge would have to make the person take the stand in order to testify.
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Local governments in texas, such as cities and counties, derive their authority from which sources?.
Answer:
mention four benefits the people on earth derive from oceans
When an embargo is placed on a country, no imports from or exports to that country are allowed. True or false?.
Answer:
True
Explanation:
No imports from or exports to a nation are permitted when it is under an embargo. Trade restrictions generally hurt an economy. Importers must obtain licenses among other non-tariff obstacles. Tariffs provide income for the government while defending indigenous businesses.