In general, when dealing with an adhesion contract, courts will evaluate the contract and the circumstances surrounding its formation to determine whether it is enforceable.
An adhesion contract is a standardized contract that is offered on a "take it or leave it" basis, without the opportunity for negotiation or modification by the weaker party. Examples of adhesion contracts include consumer contracts, insurance policies, and software licenses.
Courts recognize that adhesion contracts can create a power imbalance between the parties and may include terms that are unfair or one-sided. As such, courts will often scrutinize these contracts closely and may be more likely to interpret ambiguous terms or provisions against the party with more bargaining power.
However, not all adhesion contracts are automatically unenforceable, and courts will still generally uphold the terms of a contract if it was entered into freely and willingly by both parties and if the terms are not unconscionable or against public policy.
If a court determines that a contract is unconscionable or otherwise unenforceable, it may refuse to enforce some or all of its terms or may interpret the contract in a way that is more favorable to the weaker party. Ultimately, the outcome will depend on the specific facts and circumstances of each case, as well as the applicable laws and legal precedents.
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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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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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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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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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what is the date of presidential inauguration ceremonies?
Inauguration Day takes place every four years on January 20th that follows a presidential election year.
The inauguration of the president of the United States is a ceremony to mark the commencement of a new four-year term of the President of the United States. During this ceremony, between 73 to 79 days after the presidential election, the president takes the presidential oath of office. The inauguration takes place for each new presidential term, even if the president is continuing in office for a second term. The first inauguration of George Washington took place on April 30, 1789. All subsequent public inaugurations from 1793 until 1933 were held on March 4, except in 1821, 1849, 1877, and 1917, when March 4 fell on Sundays and the public inauguration ceremony took place on Monday, March 5. Since 1937, it has taken place at noon EST on January 20, the first day of the new term, except in 1957, 1985, and 2013, when January 20 fell on a Sunday. In those years, the presidential oath of office was administered on that day privately and then again in a public ceremony the next day, on Monday, January 21. The most recent presidential inauguration was held on January 20, 2021, when Joe Biden assumed office.
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which of the following types of political boundaries best describe the border between the united states and canada? responses relict relict militarized militarized geometric geometric open open gerrymandered
A concept is a Political boundary, an imaginary line dividing a political entity. It's option C, geometric.
A political boundary is an imaginary line that separates one political entity, such as a country or state, from another. Sometimes they follow a natural geographical feature such as a river to form a border or barrier between nations.
Sometimes two countries can argue about a certain border. A geometric boundary is a political boundary that takes on a clear and sharp geometric shape.
The advantage of geometric boundaries is that they are easy to mark on a map and easy to understand. However, they are often criticized for failing to recognize the pre-existing ethnic and cultural differences between people on both sides of the border.
Questions:
Which of the following types of political borders best describes the border between the United States and Canada?
A. Relict
B. Militarized
C. Geometric
D. Open
E. Gerrymandered
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Nor does this conclusion by any means suppose a superiority of the judicial to the legislative power. It only supposes that the power of the people is superior to both; and that where the will of the legislature, declared in its statutes, stands in opposition to that of the people, declared in the Constitution, the judges ought to be governed by the latter rather than the former. They ought to regulate their decisions by the fundamental laws, rather than by those which are not fundamental." According to Hamilton, who should be the keeper of the constitutional conscience?
According to Hamilton, the judges should be the keepers of the constitutional conscience because he believed that the Constitution is the supreme law of the land and that it is the judiciary's responsibility to interpret and apply the Constitution in a manner consistent with its original meaning and intent.
Hence the correct answer is Judges.
Hamilton believed that judges should uphold the fundamental laws embodied in the Constitution rather than the laws created by the legislature that are not fundamental. This would require judges to interpret and apply the Constitution to resolve conflicts between government branches and ensure that the government operates within the bounds of the Constitution.
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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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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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_________ 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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what kind of law deals with punishing and rehabilitating offenders
Answer:
Criminal law deals with punishing and rehabilitating offenders.
IF you are involved in an injury accident In a city, you must_________
If you are involved in an injury accident In a city, you must immediately inform the local police.
If a person undergoes any accident or involved in any such accident one must notify the local police or call 911 to address the situation and report the incident to the police official. The police will help the injured and can inform the nearest hospital for any medical help if needed. Acting fast in such a situation by informing the incident with police can help the injured, you can take the information such as name and contact number of the official present on sight and can ask you to provide a copy of report filed. One should not run from the scene that may cause unnecessary consequences.
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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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who was the african american who served as a supreme court justice?
Answer:
Thurgood Marshall
Explanation:
what are the marine corps general orders?
The general orders made by the Marine Corps are in the sense of reporting the violation of order to be instructed and enforced upon in that sense.
The general orders may be ideally taken interpretation for better understanding as the orders that can be made by the authorities under the general capacities in all conditions and situations related thereto. It is noteworthy to mention that the general orders and special orders are completely in contrast to each other.
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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.
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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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
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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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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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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which of these assumptions are made in the rational model of decision making?
As per the given choices of alternatives, it is to be assumed that the manager being able to make decisions based on logic leaving behind prejudices and the emotional blind sports is an assumption in the rational model of making a decision. Therefore, the option B holds true.
The rational model of arriving at any decision is a quintessential part of arriving at fair and effective decisions within an organizational environment. Moreover, the managers are given the responsibility to assume themselves in a position wherein they are following logic, and no importance is given to their individual prejudices or emotions.
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Complete question
Which of these assumptions are made in the rational model of decision making?a. Managers have complete, error-free information about alternative courses of action and their consequences.b. Managers are able to make logical decisions without prejudice or emotional blind spots.c. Managers will always select the course of action that they know will most benefit the organization.
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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does this experiment demonstrate the law of conservation of mass was formulated by lavoisier? explain your answer.
It is difficult to provide a definitive answer without having to know the specific experiment visitors are making reference to. I can, however, provide some background on the law of conservation of mass as well as Lavoisier's contributions to that too.
The law of conservation of mass would be a fundamental chemistry principle that stipulates that the mass of a closed system stays unchanged regardless of just about any chemical as well as physical modifications that take place within it. The latter means that even in chemical reactions, atoms are also not created and destroyed destroyed; rather, they are reorganized into different substances.
As a result, it's possible that the experiment you're referring to was one of Lavoisier's experiments demonstrating the law of conservation of mass. However, it is impossible to know for certain but without further information about just the specific experiment.
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________is the tendency of politics to move to the extremes if the electoral system allows for multiple parties to be serious contenders for power.
Answer:
Polarization
Explanation:
"Polarization" is the tendency of politics to move to the extremes if the electoral system allows for multiple parties to be serious contenders for power. Polarization occurs when political parties and their supporters become more ideologically and emotionally divided and are less willing to compromise or work together. In a multi-party system, there may be more options for voters, but this can also lead to a fragmentation of the electorate and a lack of consensus. When there are multiple parties with differing views, it can be difficult to build coalitions or find common ground, which can result in a more polarized political environment.
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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What is discretion in the law?
The exercise of judgment by a judge or court is referred to as "judicial discretion" in Black's Law Dictionary.
What is meant by discretion of the court?A judge's ability to decide based on their unique assessment and the fundamentals of the law is referred to as their judicial discretion. Courts have a great deal of power thanks to judicial discretion, which is used when the legislature permits it.
For instance, courts in Ohio may grant a fresh trial based on their "sound discretion" under Rule 59 of the state's civil procedural laws.
In criminal law, certain parts of the penal code, such as California's penal code 17(c), may provide judges the freedom to choose from a variety of penalties for certain offences. Because each case is unique
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temporarily settled the national debate over whether new states would permit or prohibit slavery?
The issue of whether new states would allow or forbid slavery was briefly resolved by the Compromise of 1850.now, it's a very touchy and divisive subject, and there are still attempts being made to address its
Slavery is the practise of holding individuals against their will in servitude and treating them like property, frequently for the purpose of forced labour. Slavery has been practised in many different ways throughout history and among various cultures, but the transatlantic slave trade, which between the 16th and 19th centuries forcibly transported millions of Africans to the Americas and the Caribbean, is perhaps the most well-known and well-documented instance of slavery. On the lives and societies of enslaved individuals, their descendants, and the larger communities in which slavery was practised, slavery has had severe and enduring repercussions. Even now, it's a very touchy and divisive subject, and there are still attempts being made to address its legacy
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A heavily armed robber took two hostages at a bank when the police arrived. Witnesses told the police that the robber was a white male of average build wearing a bright yellow scarf around his neck, but they were otherwise vague as to his description. As the standoff continued, the robber made one hostage put on the bright yellow scarf that the robber had been wearing. The robber then pushed the other hostage out..., and the sharpshooter fired and the bullet killed the man instantly. The robber is arrested and prosecuted for felony murder of the hostage shot by the police. The jurisdiction does not follow the "agency theory" of liability
The robber is rightly arrested and prosecuted. He will be convicted because the robber had caused the death of the hostage by pushing him out, which is why he was killed during the course of the felony
The Agency Theory means that the agent works as an extension of the principal, as if the principal robber was present in that arrested situation and acting alone. Consequently, the principal is directly liable for the for the agent's wrongful acts.
However, in this case the hostage was not a principal of the robber which is why he will be convicted for the murder.
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even if it conflicts with the u.s. constitution, a state constitution is supreme within that state’s borders.
The main source of law is a constitution. A state constitution is supreme inside the boundaries of that state, even if it clashes with the U.S. Constitution. The foundation of all American law is the U.S. Constitution. An issue that exclusively affects the local governing unit is typically the subject of a local ordinance.
So long as it does not clash with the United States Constitution or a federal statute, a state constitution is supreme inside the state's borders. All states, even those where the laws have not yet been established, must abide by uniform laws.
The Supremacy Clause of the United States Constitution states that the Constitution, federal laws established in accordance with it, and treaties made in accordance with it are supreme.
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