Assume a businessperson who owns a computer equipment store is delinquent in paying rent to the landlord. The resulting dispute entails private law.
Private law is a part of civil legal system which is based on the maxim jus commune means it involves relationships between individuals. Private laws include contract law, property law, and tort law. Contract law governs the formation, performance and termination of contracts. tort laws govern civil wrongs committed by individuals resulting in injury. Property laws deals with individual property and its uses. In the above scenario the dispute entails under property private laws, which works in every horizon of a private property and its owners. All of these private laws are civil in nature, and are disguised from public laws in terms of it scope.
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does the dbpr allowing applicants for real estate licenses to be screened by the child support agency
The DBPR does not include option D: Publishing and selling a handbook on Real estate Licensing law.
The Department of Business and Professional Regulation (DBPR) is the organization in charge of issuing licenses to and overseeing the conduct of businesses and professionals in the State of Florida, including pari-mutuel wagering establishments, veterinarians, real estate agents, hotels, and restaurants. The DBPR includes allowing applicants for real estate licenses, submitting an annual budget to the Florida legislature. It also regulates training programs for the newly appointed members of the FREC. Thus, only option d is not included.
The mission of DBPR is to license effectively and fairly regulate, and it works hard to achieve this objective every day. The Department is administered by Chapter 120, Florida Statutes, and falls under the Governor's executive branch.
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Complete question is:
The Department of Business and Professional Regulation is part of the Florida state government, serving under the Executive branch. Its primary purpose is to act as a consumer protection agency. The department has several powers and duties. Which of the below does this not include?
Allowing applicants for real estate licenses to be screened by the child support agency.
Developing a training program for newly appointed members of the FREC.
Submitting an annual budget to the Florida legislature.
Publishing and selling a handbook on Real estate Licensing law.
what major difficulty prevented legislators from rewriting elections laws to account for covid-19 and the 2020 presidential election?
One major difficulty that prevented legislators from rewriting election laws to account for COVID-19 and the 2020 presidential election was political polarization and partisanship.
Throughout the United States, there were significant differences in opinion between Democrats and Republicans regarding the best way to hold elections during the pandemic.
This polarization made it difficult for legislators to agree on election laws that would address the challenges posed by the pandemic while also maintaining confidence in the integrity of the electoral process. In some cases, legislators were unable to reach agreements on changes to election laws, leading to legal challenges and court battles.
In addition to polarization, there were also logistical challenges to changing election laws in the midst of a pandemic. Many states had limited resources and staff to implement new voting procedures, and there were concerns about the ability of the U.S. Postal Service to handle an increase in mail-in ballots.
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Freedom- Press/Speech/Religion/Assembly is what Amendment?
A. 4
B. 3
C. 1
D. 10
Freedom of Press/Speech/Religion/Assembly was included in the constitution in the option C. First Amendment.
According to the first amendment made in the American constitution, Congress cannot pass any laws that are in respect to any religious establishment. They cannot make any laws regarding the practice of any religion either.
Apart from this the amendment also talks about how no laws can be passed that would hinder the practice of freedom of speech of any citizen. The amendment also guarantees the freedom of the press to the public.
The citizens also ensured the right to assemble in public to the American citizens, provided the assembly was peaceful. It also gives all citizens the right to petition their grievances to the government.
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An artist entered into a written agreement to sell a patron a partially finished painting once it was complete. The patron later learned that the artist planned to sell the painting to a third party who offered to pay the artist more than the contract price. The patron filed suit to compel the artist to sell the painting to her in accord with the terms of their agreement, while the artist denied that the painting the artist planned to sell to the third party was the subject of the agreement with the patron. At trial, the patron did not introduce the written agreement or explain its absence. Rather, the patron sought to testify that, when she signed the agreement, the artist had pointed to the painting in question and stated that it was the patron's painting. The artist's attorney objected to the testimony that the artist identified the painting as belonging to the patron.
How should the court rule?
The court should likely sustain the artist's objection to the patron's testimony that the painting in question was identified as belonging to the patron by the artist based on parole evidence rule.
It is a rule of contract interpretation that generally bars the admission of extrinsic evidence (i.e., evidence outside of the written contract) to explain the terms of an integrated written agreement.
Assuming that the written agreement is an integrated agreement (i.e., a complete and final statement of the parties' agreement), the court would typically not allow the patron to introduce extrinsic evidence that contradicts, modifies, or adds to the terms of the written agreement.
In this case, the patron's testimony that the painting in question was identified as belonging to her by the artist would likely contradict the terms of the written agreement (which apparently does not identify the painting in question) and thus would be barred by the parole evidence rule.
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what is the 23rd amendment simplified
The Twenty-Third Amendment, which promised to: give the District of Columbians the right to vote in the national elections for President and Vice President of the United States.
What is its interpretation ?On June 16, 1960, the Twenty-Third Amendment was approved by Congress. As a part of the Constitution, the proposed amendment was quickly ratified. According to Article V of the Constitution, amendments must be ratified by three-fourths of the States. Ohio became the thirty-eighth state to do so on March 29, 1961. After a period of six months, Congress used the authority granted to it by Section 2 of the Amendment to pass Public Law No. 87-389, which established the procedures for the District of Columbia's presidential election. Two additional states ratified the Amendment following its adoption.
The Amendment gives American citizens who live in the District of Columbia the right to vote for presidential electors, who then vote for President and Vice President in the Electoral College.
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who was the african american who served as a supreme court justice?
Answer:
Thurgood Marshall
Explanation:
The criminal justice model describes the expectation of an efficient criminal justice system.
A. war-on-crime model
B. crime control model
C. justice model
D. due process
n addition to onsite apartment managers, homeowners selling their own property, and licensed attorneys in the state, which of the following would also be exempt from TRELA's requirement for licensure to practice real estate?
An auctioneer taking bids on a property
No one is exempt from TRELA's need for licencing to practise real estate if they are an auctioneer accepting bids on a property. To carry out the activity of selling real estate in Texas, they would require a real estate
An auctioneer is a specialist in managing public sales of commodities or property to the highest bidder at auctions. Auctioneers are taught to assess the worth of the things up for sale and to oversee a fair and open bidding procedure. They may work in a range of fields, including agriculture, cattle, art, and real estate. Auctioneers are occasionally used in the real estate industry to sell properties at open auction. While an auctioneer is not need to have a real estate licence in order to organise an auction, they are nonetheless subject to the requirement if they also sell real estate.
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TRUE/FALSE. The theory of justice is based on the concept that if there were no laws or rules reasonable people would develop fair rules and standards.
The given attestation " The theory of justice depends on the idea that assuming there were no regulations or rules sensible individuals would foster fair guidelines and principles." is true because the common agreement hypothesis, holding that the regular condition of people is an opportunity, not enslavement to a ruler, regardless of how harmless or benevolent.
The Main Standard of civil rights concerns political establishments: Every individual has something very similar and indefeasible [permanent] guarantee to a completely sufficient plan of equivalent essential freedoms, which plan is viable with a similar plan of freedoms for all.
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Within their own borders, states operate as ______ systems.
a. confederal
b. federal
c. unitary
d. representative
For the choices that have been provided as alternatives, it may be said that the state governments operate as unitary systems within their own boundaries. Therefore, the option C holds true.
The state governments can be said as the authorities that have substantial control over the operations that happen to take place within the jurisdiction of their respective boundaries. The political system of the United States has been formed in such a way that the state governments are seen to operate as the unitary bodies.
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Why is the spirit of the law more important than the letter?
The spirit of law is considered to be more important than the letter itself because the social norms tend to reflect only the consensus of the society, and further reflect on expanding the spirit of law.
The spirit of law can be referred to or taken into consideration as the one wherein the is generally interpreted as the actual interpretation of law. It is typically taken into understanding that the spirit of law holds much higher importance than that of the letter of law. This is because the spirit of law reflects about the social consensus.
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What Bible verse says they will know we are Christians by our love?
Answer:
Jesus said, “By this all people will know that you are my disciples, if you have love for one another”
(John 13:35)
Explanation:
Hope it helps:)
What does the law of constant composition applies to?
The law of definite proportions, or the rule of constant composition, holds that a chemical compound's constituents are always present in a predetermined ratio regardless of the source or method of synthesis.
What is synthesis?
A chemical synthesis involves one or more substances that, under specific circumstances, will undergo a change. A desired product can be formulated using a variety of reaction types.
For this, the chemicals must be mixed in a reaction vessel, such as a chemical reactor or a straightforward flask with a spherical bottom. To isolate the final product, many reactions call for some sort of processing or purification step.
The reaction yield is the total amount created during chemical synthesis. According to the limiting reagent, yields are often stated as a mass in grams or as a percentage of the maximum theoretical quantity that could be generated.
An unintended chemical reaction that decreases the planned yield is known as a side reaction.
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_________ is the condition in which one person is owned as property by another and is under the owner's control, especially in involuntary servitude.
Slavery is the condition in which one person is owned as property by another and is under the owner's control, especially in involuntary servitude.
The practice of slavery may be referred to or considered as the one wherein humans are being traded for the purpose of undergoing an experience of physical exertion, and provide their labor to the owners who buy them. Basically, it can also be said that slavery is an illegal practice of human trade. Usually, it is seen that slavery is mostly involuntary.
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ethical violations occur despite coursework, supervision, and training. one of most common violation categories identified is improper or inadequate supervision/delegation. (True or False)
True. Ethical violations can occur despite coursework, supervision, and training, and improper or inadequate supervision/delegation is one of the most common categories of ethical violations identified in many professions.
This can happen when a supervisor fails to provide adequate oversight, support, or guidance to their subordinates, leading to mistakes, errors, or unethical behavior. It can also happen when a supervisor delegates responsibilities to an unqualified or inexperienced individual or fails to provide adequate training or resources to support the delegated tasks. In both cases, the result can be serious consequences for the organization, the individuals involved, and the public they serve. To prevent ethical violations, it is important for organizations to provide ongoing training and supervision to their employees and to establish clear policies and procedures for ethical conduct and reporting of violations.
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True or False: government officials can obtain search warrants only if they can show to believe that the search will uncover specific evidence of criminal activity.
True. Government representatives may only obtain search warrants in the majority of nations, including the United States, if they can convince a court or magistrate that there is a reasonable suspicion that the search
A government is a structure or a collection of individuals with the power to rule or administer a nation or region. It is accountable for creating and enforcing laws, offering public services, and preserving stability and order in society. Governments can exist in a wide variety of structures, such as democracies, monarchies, dictatorships, and others. The kind of government in place may have a big influence on how its population live and how it interacts with other nations. Typically, elected or appointed individuals who are in charge of representing and advancing the interests of their citizens run governments.
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which ruler was most responsible for uniting greece?
Alexander the Great and his bravery was most responsible for uniting Greece.
Alexander the Great's legacy is both extensive and profound. He was famous for his military power and his legendary figure. First, his father was able to unite the Greek city-states, and Alexander destroyed the Persian Empire forever. More importantly, Alexander's conquests spread Greek culture, also known as Hellenism, across his empire. In fact, Alexander's reign helped in uniting the province of Greece and marked the beginning of a new era known as the Hellenistic Age because of the powerful influence that Greek culture had on other people. Without Alexander's ambition, Greek ideas and culture might well have remained confined to Greece.
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Federal Agency that creates and enforces safety related standards and regulations in the workplace:
Federal Agency that creates and enforces safety related standards and regulations in the workplace is called Occupational Safety and Health Act(OSHA).
OSHA is a part of United States department of labor. The health and safety inside private institution is regulated by OSHA. Every employ of the country or state falls under the plans of this federal agency. The agency also work towards proving work free from hazardous and life harming conditions for all the employees, it also ensures that the employers cannot retaliate taking serious actions against workers who report injuries, safety concerns, or other protected activity. It educates, trains, assist the workers so that they can outreach for help. The administrator of OSHA is answerable to the secretary of labor, who is the member of the cabinet of the president of U.S.
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What does discoverable mean in court?
Information or evidence that can be gained through the discovery process is referred to as discoverable in courts.
In a legal setting, information or evidence that can be gained through the discovery process is referred to as being "discoverable." The pre-trial stage of a case known as discovery gives both sides the chance to ask for and collect information and supporting documentation from the opposing side. Documents, witnesses, and other items pertinent to the case may be included in this information.
In a court, If information or evidence is pertinent to the lawsuit's claims or defences and is not shielded by the attorney-client privilege or another legal exception, it is deemed discoverable. Parties may utilise a variety of instruments throughout the discovery process, including interrogatories, demands for the production of documents, and depositions, to gather information from the opposing party.
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Because a donee beneficiary is merely receiving a gift, a donee beneficiary cannot win a lawsuit if the contract is not performed. a. True b. False.
The given statement, 'Because a donee beneficiary is merely receiving a gift, a donee beneficiary cannot win a lawsuit if the contract is not performed' is false because the donee doesn't have any such privilege's.
Gift is a voluntary transfer of a benefit without the requirement of payment.
A gift deed is a legal document that details an uncompensated transfer of property ownership from the donor (the property owner) to the donee (the recipient of the gift).
The donor must be financially stable and must not utilise this method to evade taxes or make unlawful gains.
A gift deed enables the original owner of a piece of property (movable or immovable) to voluntarily consider donating that piece of property to another person, trust, or business.
Conflicts that might arise as a result of inheritance claims are intended to be reduced by the existence of this document.
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a party that wants the supreme court to review a lower court ruling must?
The party must file a petition for a writ of certiorari, in order for the supreme court to review a lower court ruling .
Writ of certiorari is a formal request asking the supreme court to hear their case. The party needs to demonstrate why their case meets the court's criteria for review. The court must decide whether to grant a writ of certiorari and will not do so merely because a party disagrees with the lower court's decision.
The primary criteria for review include whether the issue is a federal question and if the lower court decision conflicts with another court's interpretation of the law. Additionally, the court may consider whether the issue is of " national importance" or if the lower court decision conflicts with a prior decision from the supreme court. the court may also consider other factors, such as if the petitioner has been denied the opportunity to present their case in the lower court when filing the petioton.
The party must provide copies of the lower court decision, any relevant briefs, and records and a statement of reasons why the court should review the lower court decision
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sergei is a broker who represents a seller under a listing agreement. he has heard rumors that the house was used in a high-profile series of crimes in the area involving drug sales, prostitution, and gambling more than 20 years ago. the house has been bought and sold several times through the years, and the current owner has no idea whether the rumor is true although he has asked sergei not disclose any alleged criminal activity, even if sergei finds out its true. which of following statements best describes whether sergei is required to disclose the criminal activity to potential buyers?
Sergei may be legally required to disclose the criminal activity to potential buyers, depending on the laws in his jurisdiction and the terms of his listing agreement.
In general, real estate brokers have a duty to disclose material facts that could affect a buyer's decision to purchase a property. Material facts are those that a reasonable buyer would want to know before making an offer on a property, and they can include information about the property's condition, history, or legal status.
If the rumors about the criminal activity in the house are true, this information could be considered a material fact that should be disclosed to potential buyers. Failure to disclose this information could potentially expose Sergei and the seller to legal liability, and could result in the sale being voided or rescinded.
However, the specific laws and regulations governing disclosure requirements can vary by jurisdiction, so Sergei should consult with a real estate attorney or other qualified professional to determine his obligations in this situation.
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what is the strawman
The strawman is a type of logical fallacy or argumentative technique in which an individual misrepresents or distorts an opponent's argument in order to easily attack and discredit it. This is done by creating a "strawman," or a false version of the opponent's argument, that is easier to refute than the actual argument.
The strawman fallacy is often used in debates and discussions as a way to undermine an opponent's position without actually addressing their argument. It is important to be aware of the strawman fallacy in order to avoid using it and to recognize when it is being used against you.
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after trial jill reported jacks actions in letting the air out of her tire to the police who said they would proceed with a criminal action against jack jills action against jack for the tire is called a g
Letting the air out of Jill's tire would be a violation of law for the inconvenience caused to the owner. It would be a violation of law even if the tire is not actually damaged.
It is called creating a "substantial inconvenience" to another without necessarily causing any damage.
According to the relevant laws:
(i) It shall be unlawful to tamper with any vehicle or to disable or attempt to disable any motor vehicle, to include deflating in whole or in part any tire attached to said vehicle.
The Police could file criminal mischief and Jack would probably not be landing in jail but will have to pay a hefty fine and to pay for the other compensatory damages.
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The plaintiff, a resident of State A, was involved in an automobile accident with the defendant, who is a resident of State B. The plaintiff filed a negligence claim against the defendant in federal district court seeking to obtain $80,000 in damages. At the time of the accident, a passenger was riding in the plaintiff's car. The passenger, a resident of State B, also suffered injuries and seeks to join in the plaintiff's claim alleging $50,000 in damages.
Does the federal district court have jurisdiction over the passenger's claim?
Yes, because the passenger's claim and the plaintiff's claim arise out of a common nucleus of operative fact.
Yes, because an additional claim need not meet the amount-in-controversy requirement for federal diversity jurisdiction.
No, because allowing joinder of the passenger's claim would destroy complete diversity.
No, because the passenger's claim does not meet the amount-in-controversy requirement for federal diversity jurisdiction.
The correct answer is B to the statement The plaintiff, a resident of State A, was involved in an automobile accident with the defendant, who is a resident of State B. The plaintiff filed a negligence claim against the defendant in federal district court seeking to obtain $80,000 in damages. At the time of the accident, a passenger was riding in the plaintiff's car. The passenger, a resident of State B, also suffered injuries and seeks to join in the plaintiff's claim alleging $50,000 in damages?"
Given that both the plaintiff and the defendant are residents of separate states, the case is one that falls under diversity jurisdiction.
The sum in issue must be greater than $75,000 in order for a court to have complete diversity of citizenship. When no plaintiff or defendant is a resident of the same state, complete diversity of citizenship exists.
Both the complainant and the defendant in this case are residents of separate states, A and B, respectively. Additionally, the total amount requested by both is $1,30,000, above the basic cap of $75,000. As a result, option B is the proper response.
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In the legal system, compliance usually refers to behavior that is in accordance with a. personal beliefs b. morality c. legislationd. ethical codes
Out of the given choices of alternatives, it has to be ascertained that the legislation is the legal compliance that ideally refers to the behavior in accordance with the legislation. Therefore, the option C holds true.
The legislation is the most important part of any legal system that tends to exist in the lawful authorities of a society. The compliance of the legislation in the legal system is the most important behavior that must be possessed by the individuals who do not cease to be the part of it for the time being in force.
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Complete question
In the legal system, compliance usually refers to behavior that is in accordance with a. personal beliefs b. morality c. legislation d. ethical codes
What is mandatory spending AP Gov?
The mandatory spending can be explained as the expenses under the federal budget that are enacted as per the prevailing laws, and do not require review by the authorities.
The mandatory spending made by the governments on an annual basis can be referred to or considered as the amount spent by them on those areas that are under the enactment of the law and do not await any review by the authorities under the government like committees or the American Congress. These spending made by the government are not affected by federal budgets.
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a real estate brokerage firm, which is incorporated and headquartered in state a, has brought a federal diversity action in state a against one of its former employees for theft of trade secrets. the former employee had worked at the firm's headquarters throughout her employment but is now a citizen of state b. the firm seeks compensatory and punitive damages. the court has asked the parties to submit proposed jury instructions on punitive damages and the relevant authority to support those instructions. state a's choice-of-law rules select state a law, which limits punitive damages to five times the amount of compensatory damages. assume that the us supreme court has held that the constitution limits punitive damages to 10 times the amount of compensatory damages.
In this scenario, the court will need to reconcile the conflicting state law of state A and the constitutional limit set by the US Supreme Court. If the federal diversity action is brought in a federal court, then the federal court must apply federal law, including the constitutional limit set by the US Supreme Court.
In this case, the proposed jury instructions on punitive damages should reflect the constitutional limit of 10 times the amount of compensatory damages as set by the US Supreme Court. The relevant authority to support these instructions would be the US Supreme Court's decision limiting punitive damages to 10 times the amount of compensatory damages.
It's important to note that even though state A's choice-of-law rules select state a law, in a federal diversity action, federal law, including the US Constitution and US Supreme Court precedents, takes precedence over state law. The court must apply the federal law that provides the greater protection to the parties involved in the action.
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Decisions of the ________ are final unless a question of law is involved that is appealable to the U.S. Supreme Court.A) courts of appealsB)courts of recordsC) highest state courtsD) general
Decisions of the highest state courts are final unless a question of law is involved that is appealable to the U.S. Supreme Court.
Courts established in the jurisdiction of the state to view matters in the state as the highest authority is known as the highest state court. These courts address the matters of the state which comes under the jurisdiction of the state laws, the decision of higher state courts can be evaluated by the Supreme Court of United States when a question of law or Constitutionality arises until then the higher state courts are the highest court of appeal for the member of the states. It exercises the power of state legislature in the form the laws framed by the state for its people.
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Who’s better at defending criminals? Does type of defense attorney matter in terms of
producing favorable case outcomes
The effectiveness of a defense attorney in defending a criminal case can depend on several factors, including the attorney's experience, skills, and knowledge of the law. It is difficult to generalize about which type of defense attorney is better.
There are some distinctions between types of defense attorneys that may be relevant to the outcome of a case.
For example, public defenders and court-appointed attorneys are often assigned to clients who cannot afford to hire a private attorney. While public defenders and court-appointed attorneys may be highly skilled and experienced, they may also have heavy caseloads and limited resources to devote to individual cases, which could impact their ability to mount an effective defense.
On the other hand, private defense attorneys may have more time and resources to devote to individual cases and may have more flexibility in choosing which cases to take on. However, the quality of private defense attorneys can vary widely, and some may lack experience or expertise in certain areas of criminal law.
Ultimately, the success of a defense attorney in producing favorable case outcomes depends on a variety of factors, including the strength of the evidence against the defendant, the specific charges involved, and the skill and experience of the prosecutor. Additionally, a positive outcome in a criminal case may not always mean a complete acquittal, but could also include reduced charges, shorter sentences, or other favorable outcomes.
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