The judicial activist philosophy interprets the Constitution to include personal opinions and prejudices about what the text of the Constitution actually means and represents, not just what is explicitly written.
For example, the Constitution says you have the right to free speech under the First Amendment. But thanks to legal action, we understand that hate speech falls outside the scope of free speech.
Judicial activism is the decision of judges to overlook precedent or previous constitutional interpretations in order to protect individual rights or the broader political agenda.
The term can be used to describe a judge's actual or perceived approach to judicial review.
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A crime considered so heinous that it is punishable by death referred to as:
a. Capital offense
b. Death penalty crime
c. Eye-for-an-eye offense
d. Felony crime.
what type of court has original jurisdiction over a case involving an american suing a citizen of another contry
Federal courts are the courts of primary jurisdiction in cases where Americans are suing citizens of other countries.
Federal courts are courts of limited jurisdiction. This means that federal courts can hear only cases authorized by the U.S.
Constitution or federal law.
The federal district courts are the point of contact for all litigation arising under federal law, the Constitution, or international treaties. This form of jurisdiction is called an "original jurisdiction".
The jurisdiction of the state courts may overlap with the jurisdiction of the federal courts, which means that in some cases both courts will hear the case.
Jurisdiction of the courts includes cases of the United States government, constitutional law, federal law, and interstate disputes.
Therefore, jurisdiction of origin also exists when an American is suing a citizen of another country.
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What was an important effect of Blackstone?
Option b: Important effect of Blackstone is that Common law became more accessible.
William Blackstone was an 18th-century English jurist, judge, and statesman.
He summarized England common law in an accessible, logical and understandable way. This was done by him writing a commentary on England law.
In 1765 Sir William Blackstone wrote a commentary on English law, published by the Calderón Press, Oxford.
The Commentary is considered a major work in the development of English law and played a role in the development of the American legal system.
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Complete Question:
What was an important effect of Blackstone’s Commentaries on the Laws of England? People in England no longer had to pay taxes. Common law became more accessible. Judges were able to rule as they pleased. The rights of the accused were done away with.
The Plain Writing Act
SEC. 2. PURPOSE.
The purpose of this Act is to improve the effectiveness and accountability of Federal agencies to the public by promoting clear Government communication that the public can understand and use.
SEC. 3. DEFINITIONS.
In this Act:
AGENCY.—The term “agency” means an Executive agency, as defined under section 105 of title 5, United States Code.
COVERED DOCUMENT.—The term “covered document”
means any document that
is necessary for obtaining any Federal Government benefit or service or filing taxes;
provides information about any Federal Government benefit or service; or
explains to the public how to comply with a requirement the Federal Government administers or enforces;
includes (whether in paper or electronic form) a letter, publication, form, notice, or instruction; and
does not include a regulation.
PLAIN WRITING.—The term “plain writing” means writing that is clear, concise and well-organized, and that follows other best practices appropriate to the subject or field and intended audience.
SEC. 4. RESPONSIBILITIES OF FEDERAL AGENCIES.
PREPARATION FOR IMPLEMENTATION OF PLAIN WRITING REQUIREMENTS.—
IN GENERAL.—Not later than 9 months after the date of enactment of this Act, the head of each agency shall—
designate one or more senior officials within the agency to oversee the agency implementation of this Act;
communicate the requirements of this Act to the employees of the agency;
train employees of the agency in plain writing;
establish a process for overseeing the ongoing compliance of the agency with the requirements of this Act;
create and maintain a plain-writing section of the agency’s website as required under paragraph (2) that is accessible from the home page of the agency’s website; and
designate 1 or more agency points of contact to receive and respond to public input on implementation and reports required under section 5.
WEBSITE.—The plain-writing section described under paragraph (1)(E) shall—
inform the public of agency compliance with the requirements of this Act; and
provide a mechanism for the agency to receive and respond to public input on implementation and reports required under section 5.
REQUIREMENT TO USE PLAIN WRITING IN NEW DOCUMENTS.—Beginning not later than 1 year after the date of enactment of this Act, each agency shall use plain writing in every covered document of the agency that the agency issues or substantially revises.
GUIDANCE.—
IN GENERAL.—Not later than 6 months after the date of enactment of this Act, the Director of the Office of Management and Budget shall develop and issue guidance on implementing the requirements of this section. The Director may designate a lead agency and may use interagency working groups to assist in developing and issuing the guidance.
INTERIM GUIDANCE.—Before the issuance of guidance under paragraph (1), agencies may follow the guidance of the writing guidelines developed by the Plain Language Action and Information Network or guidance provided by the head of the agency that is consistent with those guidelines.
Question
For website pages on tax shelters, the Plain Writing Act requires that which of the following be considered?
Which of the following issues and laws were addressed in the export expansion section of the Omnibus Trade and Competitiveness Act?
- export controls
- promotion of exports
- the Sherman Antitrust Act
- the Foreign Corrupt Practices Act
Option- a, b &d: promotion of exports, export controls and the Foreign Corrupt Practices Act were addressed in the export expansion section of the Omnibus Trade and Competitiveness Act
The Omnibus Trade Competitiveness Act was designed to address seemingly unfair trade practices, effectively manage trade deficits, and help businesses become more competitive internationally.
The Omnibus Trade Competitiveness Act was designed to address seemingly unfair trade practices, effectively manage trade deficits, and help businesses become more competitive internationally.
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What is Mendel 2nd law?
Mendel's second law is the law of segregation. The law states that each pair of parental alleles or genes is shared and a single gene is passed from each parent to its offspring.
Basic concept of segregation method:
- There are multiple alleles for one gene.
- Each organism inherits a pair of alleles for each gene. When gametes are produced by meiosis during gametogenesis, pairs of alleles separate, leaving only one allele in each gamete.
- A gene has two alternative forms known as alleles. . One allele is dominant while the alternative is recessive.
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What are some of the basic responsibilities of law enforcement supervisors?
Some basic responsibilities of law enforcement supervisors include:
Managing and supervising subordinate officersDeveloping and implementing department policies and proceduresEnsuring that officers under their command are properly trained and equippedWhat are the basic responsibilities of law enforcement supervisors?Generally, The supervisors make sure that the officers and detectives have access to all of the necessary information and equipment so that they can accomplish their jobs effectively.
They instruct employees in the appropriate processes and techniques. They keep them up to date on any modifications that have been made to the legislation. The operations of the division that they administer are planned and coordinated by the supervisors.
Investigating complaints and misconduct allegations against officersMaintaining discipline and enforcing department rules and regulationsCoordinating with other agencies and community organizationsManaging the department's budget and resourcesRepresenting the department in meetings and court proceedingsPlanning and directing department operations and activities.Read more about law enforcement supervisors
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Some of the basic responsibilities of law enforcement supervisors include:
Supervising the activities of police officers Ensuring the proper training of police officers Keeping updated with new laws so they are better enforced. What are the responsibilities of supervisors in law enforcement ?There are several responsibilities that a supervisor in the field of law enforcement would have and some of them include:
Supervising and directing the activities of police officers and other personnel under their command.Ensuring that officers are properly trained and equipped to carry out their duties.Managing department resources, including budget, equipment, and personnel.Developing and implementing department policies and procedures.Investigating complaints and allegations of misconduct by officers under their command.Coordinating with other law enforcement agencies and community groups to build positive relationships and promote public safety.Representing the department in court and other legal proceedings.Responding to and managing critical incidents, such as emergencies, natural disasters, and large-scale events.These roles and responsibilities would however be based on the jurisdiction.
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Why did it take so long for all of the states to approve the Articles of Confederation?
The majority of people readily agreed that the constitution needed to be changed for the sake of the country.
People feared that the power expended would quickly go to waste if they submitted to a large and powerful government.
The government created the Bill of Rights because people wanted their rights protected and felt the federalists threatened it.
Anti-Federalists mainly occupied rural areas like the West (then) and South. Anti-Fed becomes Democratic-Republican.
The Articles of Confederation and the Eternal Alliance were agreements between the 13 states of the United States and served as the first framework of government.
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“Boundary fence question” A Neighbours shed wall is on the boundary line and a fence is built, as close to the shed as possible the palings are on our side. Is the fence line after 15 years taken as the new boundary line In adverse possession law (I live in Victoria, Australia.)?
No jurisdiction would give adverse possession to someone after only three years of inhabiting a sliver of property.
What exactly is an Adverse Possession?Adverse possession, also known colloquially as "squatter's rights," is a legal principle in Anglo-American common law that allows a person who does not have legal title to a piece of property—usually land (real property)—to acquire legal ownership through continuous possession or occupation of the property without the permission (license) of the property's legal owner. Possession by a person is not detrimental if they are in possession as the lawful owner's renter or licensee.
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What are state laws called?
Answer:
State laws are called state statuses
When HUD receives a complaint, how many days may pass to determine if there is reasonable cause to charge discrimination?
1. 30
2 60
3. 75
4. 100
When HUD receives a complaint, 100 days may pass to determine if there is reasonable cause to charge discrimination. Hence, option 4 is correct.
One of the executive departments of the U.S. federal government is the Department of Housing and Urban Development. Federal housing and urban development legislation are administered by it.
The federal department in charge of developing and enforcing fair housing legislation, as well as national policies and programs that address the housing needs of the country, is the Department of Housing and Urban Development.
In 1965, the FHA joined the Office of Housing inside the Department of Housing and Urban Development (HUD).
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Describe the importance of social responsibility in the context of being on a jury and the problems that results from putting individual needs ahead of obligations to society
In judiciary, the concept of social responsibility is important in assessing the accused. Where they are clear, jurors will perceive less freedom for their sentencing decisions.
What is social responsibility and its importance to the society?Individuals are held accountable for fulfilling their civic duties under social responsibility and their actions must benefit society as a whole. The theory of social responsibility is based on an ethical system in which decisions and actions must be ethically validated before they are carried out.
If the action or decision has a negative impact on society or the environment, it is considered socially irresponsible. The theory of social responsibility and ethics is applicable to both individuals and groups. It should be incorporated into daily actions and decisions, especially those that affect other people and/or the environment.
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Can the U.S. citizenship be taken away?
Denaturalization is only possible in cases when a person obtained citizenship fraudulently or incorrectly when they were not qualified. To denaturalize a citizen, the federal government may file a civil or criminal case in federal court.
A citizen who loses their citizenship is not always forced to leave the United States. Instead, unless there are grounds for removal, they will return to their prior legal status in the United States. However, if they applied for family members to immigrate to the U.S. based on their citizenship, such family members may be deported unless they had a different reason for being in the country legally. This is due to the fact that denaturalization implies that the person never really possessed citizenship.
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All of the following are true of the federal tax advantages of a qualified plan EXCEPT: O At distribution, all amounts received by the employee are free of taxes. O Individually owned non-qualified annuities are generally taxed as follows: O Premiums are not deductible; interest credited to the cash value is taxed deferred.
Answer:
O At distribution, all amounts received by the employee are free of taxes.
What were the difficulties with the Articles of Confederation?
All problems with federal law are related to insufficient central government power and too much power to the states.
The difficulties were as follows-
- The state did not act immediately.
- The central government was designed to be very weak.
- In the Legislative Assembly had only one House, and in each state he had only one vote.
- Congress needed nine of her 13 states to pass the bill.
- It was virtually impossible to change the documentation.
- Congress did not have the power to enforce that law.
- Congress had no taxing authority.
- Congress had no power to regulate trade.
- There is no national court system “judiciary”.
- Unanimous consent is required to amend the Articles of Incorporation.
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Why law of segregation is also called the law of gametes?
The Law of Segregation is also called the law of gametes, as it tends to suggest that throughout the gamete formation, the 2 individuals of a pair of the factors tend to separate.
The Law of Segregation tends to explain that the pair of the alleles tend to segregate from each other which is during the meiosis cell division which is the gamete formation, so that the only one allele will be then present in each gamete.
However, according to the Law of Segregation, the two alleles of a gene tend to separate during formation of the gametes. Thus, they do not tend to blend but segregate or separate into different gametes.
Hence, here each gamete is pure and tend to possess only one allele of a gene.
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What is the law of Independent Assortment explain with an example?
Mendel's Law of Independent Sorting is a principle in genetics that pairs of alleles segregate independently during gametogenesis and are sorted independently during fertilization.
According to the law of independent sorting, alleles of the other two genes are independently grouped into gametes. Alleles obtained in one gene do not affect alleles obtained in another gene.
Mendel's experiments always showed that the combination of traits in the offspring was always different from the traits of the parents. Based on this, he formulated the Law of Independent Sorting.
Example of the law of independent assortment
Let's say the father has red hair (RR) and straight hair (SS), and the mother has brown hair (BB) and curly hair (CC). A son or daughter (offspring) of this couple (parents) may have the following genetic traits:
straight red hair (RS)
straight brown hair (RB)
curly red hair (CR)
curly brown hair (CB)
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before a lawsuit begins, the court must have proof that the defendant was notified of the lawsuit.
a. true
b. false
The court must have evidence that the defendant was given notice of the action before it can proceed. (True)
Explain the court.An individual or group of people with the authority to hear and decide disputes involving civil, criminal, ecclesiastical, or military conflicts is known as a court, also referred to as a court of law. Originally only denoting "an enclosed area," the word "court" is today used to describe any room, hallway, building, or other place where legal proceedings are held.
This is about the operation of the judiciary of the government. It looks at some of the key relationships between this branch and the legislative and executive branches as well as the functions, makeup, and management of the judicial system and its most significant personnel, the judges.
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The #13 is spray painted on the side of a liquor store. What night this mean to police?
Answer:
The number 13 correlates to the 13th letter of the alphabet M. Short for Eme or the Mexican Mafia.
Tagging is normally a way for gangs to mark their territory.
You are a doctor in a small CityTwo weeks ago, the City was a legal marijuanamunicipality (For Medicinal Use only) but later decided not to participate in the legalized trade What is the legal ramification of your decision
An example of a recent bankruptcy is the bankruptcy case of rapper 50 Cent, which was filed in July 2015.
What is bankruptcy?
Bankruptcy is a legal process where an individual or a business struggling with financial difficulties can obtain relief from debt. It is a legal court process in which a debtor can be released from their financial obligations, such as outstanding loans and unpaid bills. Bankruptcy can also provide a fresh start for individuals and businesses, where they can begin rebuilding their financial life and establishing a better financial future.
According to court documents, 50 Cent had a networth of over $100 million at one point, but ended up filing for bankruptcy due to a combination of factors, including a series of costly lawsuits, bad investments, and a lavish lifestyle.
Had 50 Cent paid better attention to his finances, he may have been able to avoid bankruptcy. He could have been more selective in the investments he made and been more cautious with the lawsuits he was involved in. He also could have reigned in his spending and lived a simpler lifestyle.
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true or false ; embezzlement can be committed only by physically taking property from the possession of another.
The correct answer is False. Only physically removing another person's property from their possession qualifies as an act of embezzlement.
Mischief Anyone who destroys property, changes it in a way that lessens its worth or utility, or negatively affects it with the intent to cause, or knowing that he is likely to cause, unjust loss or harm to the general public or to any individual, is guilty of a crime.
Criminal damaging or endangerment is a crime that can be committed when you deliberately or carelessly damage someone else's property. The crime could be prosecuted as a felony or a misdemeanour.Vandalism is the intentional destruction or impairment of private or public property. Even if a purposeful act only partially destroys or damages property, it is still considered vandalism if the property is tarnished, defiled, or somehow diminished.
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service of process is the process of obtaining information from an opposing party before trial.
Discovery is the procedure used to gather evidence from the defense or from witnesses before a trial.
What is Discovery?This is the official process by which the parties exchange details regarding the witnesses and evidence they'll use at trial. The parties can learn via discovery what evidence might be used before the trial starts.
The exchange of information between the parties in a court matter through discovery is a formal process. This includes details about the potential witnesses and the evidence that will be used in court. Its goal is to inform the parties of the potential evidence that will be used in court.
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The main reason that there is no exact definition of the due process guarantees is that the?
Option c: the main reason that there is no exact definition of the due process guarantees that The Supreme Court only defines the guarantees on a case-by-case basis.
The Supreme Court of the United States (SCOTUS) is the Supreme Court of Federal Jurisdiction in the United States.
It has ultimate appellate jurisdiction over all United States federal and state court actions relating to provisions of the United States Constitution or federal law.
It also has unique jurisdiction over a narrow range of cases, in particular "all cases involving ambassadors, other ministers of public service and consuls, and cases in which the state is said to be a party.
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Complete question:
The main reason that there is no exact definition of the due process guarantees is that the
A) Constitution is too specific.
B) guarantees protect citizens against unfair processes, but not unfair laws.
C) The Supreme Court only defines the guarantees on a case-by-case basis.
D) courts do not want to give away too much specific information to potential lawbreakers.
Before the 1970s, what EMS service was provided to the nation?
O one medical person to ride along in an ambulance
an ambulance driver who knew first aid
O only ambulance service with a stretcher
O a team of at least two EMTS-most of who have the training 2-weeks requirement
Prior to the 1970s, EMS were the main providers of ambulance services, and the quality of their training and the services they offered varied greatly across the country.
What were the ambulance services provided by EMS?The ambulance service typically consisted of a driver who was familiar with basic first aid, however occasionally a single medical professional would accompany the ambulance. The majority of ambulances simply had a stretcher on board, and the service was often centered on taking patients from the scene of an accident or illness to a hospital.Although not perfect, this method frequently resulted in patients receiving subpar or even detrimental care while being transported, and frequently the patient's health would worsen before arriving at the hospital.To know more about ambulance services, refer:
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When is using your headlights required by Virginia law?
Virginia law states that one should use headlights when driving at night, during poor weather conditions and when using windshield wipers.
Motorists must drive at night with their headlights on. Virginia has not specified an exact time to use the searchlight. Instead, the law requires drivers to use their headlights from sunset to sunrise.
Drivers must use their headlights in bad weather.
By law, whenever rain, smoke, fog, snow, sleet, poor lighting conditions, or other adverse weather conditions reduce visibility and prevent him from clearly seeing people or vehicles on the road at a distance of 500 feet , must use headlights.
Finally, drivers should use their headlights whenever windshield wipers are used as a result of fog, rain, sleet, or snow. However, headlights are not required for intermittent wiper use in drizzle, sleet or snow.
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Harvey, a resident of Indiana, has an accident with Janette, a resident of Kentucky, while driving through that state. Janette files a suit against Harvey in Kentucky. Regarding Harvey, Kentucky has
a. diversity jurisdiction.
b. in personam jurisdiction.
c. in rem jurisdiction.
d. no jurisdiction.
In regard to Harvey, Kentucky court has 'In personam jurisdiction', which means option B is the right answer.
Since the accident between Harvey and Janette took place in the bordering area of Kentucky, so it is obvious that the jurisdiction will lie with the Kentucky court. The term 'In personam' means that a judgment can be made enforceable against the person wherever he/she is (in any place). It is a law which counts designated actions to be taken against the guilty after filing a summon for that person. It is a general jurisdiction, wherein the court has the authority to determine the rights and liabilities of the party in lawsuit. Thus in this case, the punishment can be levied against Harvey for the inconvenience caused to Janette.
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A harh drought killed ome of the farm family’ corn and everal head of it cattle. Where on the production poibilitie curve could you poition a point to reflect thee circumtance?
A harsh drought killed some of the farm family’s corn and several head of it cattle. So, on the inside of the production possibilities curve you could poition a point in order to reflect these circumtances.
The production possibilities curve (PPC) is considered to be a graph which tends to show all of the different combinations of the output that can be produced when given the current resources and technology.
However, in order to reflect such circumtances, you could poition a point on the inside of the production poibilities curve. Thus, the slope of the production possibility curve is considered to be the marginal opportunity cost.Hence, the production possibility curve is concave to the origin.
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Why did the Supreme Court hear Furman v. Georgia?
It accepts appeals against decisions made by the High Courts and other tribunals, courts, and courts.
The death sentence is unconstitutional under the Eighth Amendment's ban on cruel and unusual punishment when it is applied arbitrarily and capriciously and results in discriminatory outcomes, according to the Supreme Court's ruling in Furman v. Georgia. It accepts appeals against decisions made by the High Courts and other tribunals, courts, and courts. It resolves conflicts between various authorities, between national governments, and between the center and any national authority. In its consultative capacity, it also hears topics that the President refers to it. The SC may also pursue lawsuits against motorcycles (on its own). In addition to the national governments, the SC's ruling is binding on all Indian courts as well as those at the Union.
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Which law passed by parliament led to a famous event where colonists dressed up as native americans and committed acts of vandalism and destruction?
a. Stamp Act
b. Sugar Act
c. Townshend Acts
d. Tea Act
Option d: Law passed by parliament led to a famous event where colonists dressed up as Native Americans and committed acts of vandalism and destruction is tea act.
In 1773 Parliament passed the Tea Act intended to help the financially struggling East India Company.
- a monopoly on all tea exported to the colony;
- export tax exemption; and
- Duty “refund” (refund) for certain excess tea in possession.
Tea sent to the colonies was to be transported only on East India Company ships and sold only through their own agents, bypassing independent colonial shippers and traders. .
This allowed the company to sell its tea in the United States or England at a lower price than usual. It could undermine someone else.
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What were his feelings about the government while he was in jail?
Henry David Thoreau was the first person to engage in passive resistance, or "civil disobedience," as he called it. Thoreau opted to spend a night in jail rather than pay a tax he believed to be unfair. Thoreau took these actions in opposition to slavery and the United States' war with Mexico, both of which would be funded by the tax.
Following his arrest, Thoreau penned his famous essay that explores the dynamic between the state and the person. In this era of strong government, Thoreau's philosophy was much more in line with the ideas of the Founding Fathers. He believed that the government that regulates the least is the best government. In other words, it enables men to exercise their individual rights.
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