The doctrine of respondeat superior is the basis for an employer's liability for an unauthorized tort committed by his employee in the course of his employment. The correct answer is option b.
What is the Doctrine of Respondeat Superior?The Doctrine of Respondeat Superior states that an employer is accountable for any unauthorized tort committed by an employee during his or her employment, and that the employer can be sued or made accountable for the tort committed by the employee. An unauthorized tort is a tort committed by an employee outside of his or her job responsibilities or outside of his or her specific authority.
What is the Doctrine of Respondeat Superior in law?The Doctrine of Respondeat Superior in the law is a legal concept that specifies that an employer is responsible for the actions of his or her employees, agents, or independent contractors, as long as the tortious conduct was committed within the scope of the employment or agency.
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A real estate professional who helps clients choose among the various alternatives involved in purchasing, using, or investing in property is aA)real estate appraiser.B)real estate educator.C)real estate counselor.D)home inspector.
A real estate professional who helps clients choose among the various alternatives involved in purchasing, using, or investing in property is a real estate counselor.
A real estate counselor provides advice and assistance to clients in making informed decisions regarding real estate transactions, such as buying, selling, or investing in property. They may help clients understand market trends, evaluate potential investments, and navigate legal and financial issues related to real estate transactions. Real estate counselors may work independently or as part of a larger real estate firm, and may specialize in a particular type of property, such as residential, commercial, or industrial real estate.
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Answer: real state counselor
Explanation:
the surface area of a cell is determined by the surface area of the plasma membrane, the selective boundary through which
The surface area of a cell is determined by the surface area of the plasma membrane, which is the selective boundary through which molecules and ions move in and out of the cell.
The plasma membrane is made up of a phospholipid bilayer with embedded proteins and cholesterol molecules. The surface area of the plasma membrane is critical because it determines the rate at which materials can move in and out of the cell.
For example, a larger surface area of the plasma membrane would mean that there are more channels and transporters available for molecules to cross the membrane, which would allow for more efficient transport. Conversely, a smaller surface area would result in a slower rate of material exchange and could negatively impact the cell's ability to carry out its functions. Therefore, maintaining an appropriate surface area of the plasma membrane is critical for cell survival and function.
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Name the agency whose primary mission is to reduce crashes, fatalities, and property loss involving large trucks and buses by regulating the workers involved
A.) Federal Motor Carrier Safety Administration
B.) Surface Transportation Board
C.) Federal Marine Commission
D.) Federal Aviation Agency
The agency whose primary mission is to reduce crashes, fatalities, and property loss involving large trucks and buses by regulating the workers involved is the Federal Motor Carrier Safety Administration. (A)
The FMCSA is a government agency that works to reduce commercial motor vehicle accidents and fatalities by enforcing regulations, providing educational resources, and conducting research.
The FMCSA operates under the Department of Transportation (DOT) and is responsible for the safety of commercial motor vehicles in the United States. The FMCSA's main goal is to reduce accidents, injuries, and fatalities involving large trucks and buses.
The FMCSA regulates drivers, vehicles, and carriers involved in transporting goods or passengers in interstate commerce, including:Commercial motor vehicle drivers (truck and bus drivers)
Motor carriers, including for-hire carriers, private carriers (e.g., businesses that use trucks to transport their own goods), and carriers engaged in interstate commerce.
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) c evaluate arithmetic expressions in a precise sequence determined by the rules of operator precedence and associativity.
Expressions with higher-precedence operators are evaluated first arithmetic expressions in a precise sequence determined by the rules of operator precedence and associativity.
Operator precedence is a rule that specifies which operations in a given mathematical expression should be executed first.
When parentheses are not present, how operators with the same precedence are grouped depends on a property called operator associativity.
The C programming language primarily provides the following five arithmetic operators:- The addition symbol (+)
Operator for subtraction (-)
Operator for multiplication ()
Operator for division (/)
Modulus operator (%) 5.
The same precedence of division, multiplication, and modulus is higher than the same precedence of addition and subtraction. Additionally, when operators with the same precedence appear in an expression, their associativity is used to evaluate the expression.
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Almond and Verba described three (3) general political cultures in their work, the civic culture. Which of the following was not one of them?a) Participant cultureb) Parochial culturec) Subject cultured) Patron-client culture
The correct answer is (C) subject culture. Almond and Verba described three general political cultures in their work—participant, parochial, and patron-client culture—but not subject culture.
C) Subject culture. Almond and Verba described one of three (3) general political cultures in their work, the civic culture. The culture that is not described by Almond and Verba is the patron-client culture.
Political culture refers to the attitudes, beliefs, and values that underpin political systems. Gabriel Almond and Sidney Verba, two political scientists, developed a theory that divides political cultures into three categories:
Parochial culture Participatory culture Subject culture It should be noted that there is no "perfect" or "right" political culture. There are pros and cons to each culture, and the best option is the one that best fits a nation's needs.
Almond and Verba introduced a fourth culture, the civic culture, which combines aspects of all three of the preceding cultures to produce the best outcome.
The culture that is not described by Almond and Verba is the patron-client culture. This is a clientelist culture in which individuals exchange services, money, or gifts for the guarantee of obtaining benefits such as employment or access to public goods.
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The judicial power of the legislature is an example of which kind of institutional power?a. nonlegislative power
b. power to persuade
c. enumerated power
d. implied power
The judicial power of the legislature is an example of non legislative power. The legislative power of the judiciary is non legislative power. Therefore the correct option is option A.
Nonlegislative power is the power of government that is not directly linked to the legislative branch of government. These powers are mainly vested in the judiciary or the executive branches of government.
However, nonlegislative power is often used in the process of policymaking, including controlling expenditures, executing the law, conducting investigations, and working as an agent of the legislature. Nonlegislative power may also be used to restrict other government actions.
Legislative power is the primary function of the government, which is to make laws. Legislative power is vested in the legislative branch of government, such as the House of Representatives and the Senate.
Legislative power is divided into two branches: the Senate and the House of Representatives.
The House of Representatives is responsible for initiating legislation, and both branches of Congress must approve legislation before it becomes law. Therefore the correct option is option A.
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According to Rule 217.12(1), Unprofessional Conduct, one example of an unsafe practice includes failing toA. provide a two-week notice when leaving employment.B. attend a scheduled staff meeting.C. arrive at work on time twice during the last month.D. manage client records properly.
To remain professionally accountable, it is important to provide a two-week notice when leaving employment. (A)
According to Rule 217.12(1), Unprofessional Conduct, failing to provide a two-week notice when leaving employment is an example of an unsafe practice. (A)
In other words, it is a breach of professional standards to not give a two-week notice prior to leaving a job.
By providing such a notice, the employee is respecting the employer’s time and allowing them to properly plan for a replacement. Not doing so can be disruptive to the organization and create a disorganized workflow.
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QUESTION 2 "So, the Advocate Dali Mpofu is correct, we can afford free education for all South African children. But where I come from, I do not jubilate at free education, I want to revisit the curriculum; I want to know which publishing companies benefit from the education of our children, where they come from and what their philosophy of education is". Moss Mashamaite (2014). (a) Discuss the above extract with reference to Freire's views on education. (6)
According to the above extract Freire's views on education can be summed up as-
For Freire, education is never neutral. All education is political – either educating to support and maintain the status quo or helping to critique and change reality. Problem-posing education does not and cannot serve the interests of the oppressor.
Education mean today?Education is defined as a cycle of learning that helps a person acquire and understand more complex stuff. According to the training they have received, the knowledge that has been had about a person provides an example of thought and behavior.
The renowned definition of education?Education is an intentional process with certain goals in mind, such as information transmission or the development of abilities and moral character. The growth of comprehension, reason, compassion, and honesty are only a few examples of these objectives.
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T/F. A consequentialist approach to judging sexual morality will ask whether one is using anyone or whether the sexual relation is an open one.
True. A consequentialist approach to judging sexual morality would focus on the consequences of the sexual acts rather than the acts themselves.
In this approach, the moral value of sexual activity is judged based on the outcomes or consequences it produces. For instance, a consequentialist approach would consider whether the sexual relationship is consensual and respectful, whether it is harming anyone, and whether it is leading to positive or negative outcomes for those involved. Therefore, consequentialism would ask whether one is using anyone in a sexual relationship or whether the relationship is open since these factors would impact the overall consequences of the sexual act.
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true or false the law of demand says that when the price of a good goes up the quantity people will demand will always go down.
The given statement "The law of demand says that when the price of a good goes up the quantity people will demand will always go down" is true because it states that if the cost of a commodity increases, the quantity demanded decreases, and if the cost of a commodity decreases, the quantity demanded increases.
The Law of Demand states that all other factors being equal, as the price of a good or service increases, the quantity of goods or services that consumers will purchase decreases, and vice versa. This law demonstrates a negative correlation between the cost of a good or service and the amount demanded. This law applies to all products and services, including luxury goods and necessities, and it is a fundamental principle of economics.
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Dana, an engineer, is hired to oversee construction of a new bridge in San Francisco. When the bridge collapses due to faulty construction, Dana is sued by those injured in the collapse under a theory of Negligence. As a professional, Dana is held to the same standard of care (duty of care) e) as:A) the ordinary reasonably prudent person in general society B) reasonably prudent member of her profession in the same or similar communityC) a person of average intelligenceD) none of the above
As a professional, Dana is held to the same standard of care (duty of care) as a reasonably prudent member of her profession in the same or similar community. The correct answer is B.
This means that Dana is expected to possess the knowledge and skill that is ordinarily possessed by members of her profession and to exercise a reasonable degree of care and diligence in the performance of her professional duties. The standard of care is higher for professionals than for ordinary people, as professionals are expected to have specialized knowledge and expertise in their field, and are therefore held to a higher standard of accountability.
The correct answer is B.
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the power of media in elections can be substantial because it can sway uncommitted voters, who often decide the election results, true or false?
True, the power of media in elections can be substantial because it can sway uncommitted voters, who often decide the election results.
The media has an enormous influence on the electorate in a variety of ways. It educates voters about the candidates and the issues, and it shapes public opinion. It informs the public about the campaigns and the issues in a given election. The power of the media to shape public opinion, which is critical in determining the outcome of an election, is well-known.
Uncommitted voters are an important segment of the electorate, and the media plays a critical role in swaying them. It can highlight a candidate's accomplishments and present their platform in a favorable light, or it can highlight their shortcomings and present their platform in a negative light.
The media can also provide voters with information about the candidates' backgrounds and qualifications, as well as the issues they are running on. In summary, the power of media in elections can be substantial because it can sway uncommitted voters, who often decide the election results.
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Where people fall on the ideology spectrum is known as the _____.
When talking to his investment clients, broker Adam often refers to tax shelters. This term typically means?
Explanation:
The term "tax shelter" typically refers to a legal method of reducing taxable income and, therefore, the amount of tax owed. Tax shelters can take many different forms, including investment opportunities such as individual retirement accounts (IRAs), 401(k) plans, and annuities, as well as certain types of business expenses or deductions.
T/F. One correctional policy decision that may influence who becomes a correctional client is that street crimes warrant more attention from police.
The decision that street offences require extra police attention is one correctional policy choice that may have an impact on who enrols as a correctional client. True.
The decision that street offences require extra police attention is one correctional policy choice that may have an impact on who enrols as a correctional client. Rather than being motivated, this is widely acknowledged to be a bodily incursion driven by a desire for violent compulsion.
Several patients can be taken out of institutions thanks to medications that prevent abnormal behaviour. The majority of those found guilty of violent crimes did so while under the influence of some kind of illicit substance. Only in particular situations are classification judgements susceptible to sociopolitical forces.
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the federal court system has exclusive jurisdiction over all but which of the following types of cases?
The federal court system in the United States is responsible for interpreting and enforcing federal laws and the US Constitution.
It is composed of various levels of courts, including district courts, appellate courts, and the Supreme Court. The federal court system has exclusive jurisdiction over certain types of cases, meaning that only federal courts can hear and decide these cases. However, there are some types of cases that do not fall under the exclusive jurisdiction of the federal courts.
One type of case that does not fall under the exclusive jurisdiction of the federal courts is state law cases. State law cases involve legal disputes that arise under state law and are generally heard in state courts. Examples of state law cases include contract disputes, family law matters, and criminal cases involving violations of state law.
Another type of case that does not fall under the exclusive jurisdiction of the federal courts is cases involving small claims. Small claims courts are state courts that handle disputes involving small amounts of money, usually under $5,000. These courts are designed to be accessible to individuals who cannot afford to hire an attorney and are generally less formal than other courts.
Cases involving violations of local ordinances and zoning laws also generally fall under the jurisdiction of state or local courts, rather than federal courts. These cases involve disputes over issues such as property use, building codes, and noise violations.
In summary, while the federal court system has exclusive jurisdiction over many types of cases, including cases involving federal law, constitutional issues, and disputes between states, there are certain types of cases that fall outside of its jurisdiction. State law cases, small claims cases, and cases involving violations of local ordinances and zoning laws are typically heard in state or local courts.
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which of the following protects an individual from being held in custody without the right to be heard in a court of law?
The right that protects an individual from being held in custody without the right to be heard in a court of law is called the right of habeas corpus.
Habeas corpus is a legal action that requires a person who is being detained or imprisoned to be brought before a court or judge. The purpose of habeas corpus is to ensure that a person's detention is not arbitrary or unlawful and to provide a safeguard against illegal detention or imprisonment. This right is considered a fundamental protection against arbitrary detention and is enshrined in the constitutions of many countries around the world, including the United States.
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Under the "Parol Evidence Rule", testimony regarding which of the following would be allowed if it contradicts or varies the terms of the contract?
A. Negotiations occurring prior to contract formation.
B. Oral agreements contemporaneous with contract formation.
C. When the terms of the contract are ambiguous and require interpretation
D. Agreements prior to contract formation.
Under the "Parole Evidence Rule", testimony regarding oral agreements contemporaneous with contract formation would be allowed if it contradicts or varies the terms of the contract. What is the Parole Evidence Rule? The Parole Evidence Rule is a law that forbids the use of oral or written extrinsic evidence to explain or amend an unambiguous integrated written contract's terms if the evidence contradicts or varies the contract's terms.
If the contract is unclear, vague, or ambiguous, then parol evidence is admissible to explain the intent behind the terms of the contract. It is always wise to reduce the entire contract to writing to avoid ambiguity and contradictory positions, even when the Parole Evidence Rule allows oral evidence. It helps to specify the agreement's conditions, ensures that each party understands what they are getting into, and provides clear and defined legal protections for both parties.
In conclusion, under the Parole Evidence Rule, testimony regarding oral agreements contemporaneous with contract formation would be allowed if it contradicts or varies the terms of the contract.
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qualified domestic relations order, is the 10% ira early withdrawal penalty waived in a divorce $10,000
The given statement "qualified domestic relations order, is the 10% ira early withdrawal penalty waived in a divorce $10,000" is true. In a Qualified Domestic Relations Order (QDRO) related to a divorce settlement, the 10% early withdrawal penalty for IRA distributions is waived on the portion awarded to the former spouse.
In the case of a Qualified Domestic Relations Order (QDRO) related to a divorce settlement, the 10% early withdrawal penalty for IRA distributions is waived on the portion of the distribution that is awarded to the former spouse.
This means that if the former spouse receives $10,000 from an IRA distribution as part of a QDRO, they will not have to pay the 10% early withdrawal penalty, even if they are under 59 1/2 years old. However, the distribution may still be subject to ordinary income tax, depending on the circumstances.
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states where one political party controls one or both houses of the legislature and the other political party controls the governorship have a
States, where one political party controls one or both houses of the legislature and the other political party, controls the governorship have a divided government.
In such a scenario, the party controlling the governorship and the party controlling the legislature may have different policy goals and agendas, which can lead to a range of outcomes.
A divided government can sometimes result in gridlock, as each party may have difficulty passing legislation or implementing policies due to disagreements or opposition from the other party. On the other hand, a divided government can also lead to compromise and bipartisan cooperation, as both parties may be incentivized to work together to achieve their respective goals.
The specific implications of divided government can vary depending on the specific context and the parties involved. Some argue that divided government can lead to a more moderate and balanced approach to governance, as each party may need to compromise to achieve their objectives. Others may argue that divided government can lead to inefficiencies and difficulties in passing important legislation.
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according to the declaration of independence, securing inalienable rights is a purpose for which ____
According to the Declaration of Independence, securing inalienable rights is a purpose for which government is established.
According to the Declaration of Independence, securing inalienable rights is a purpose for which governments are instituted among men. The Declaration of Independence is one of the most significant documents in American history, and it outlines the fundamental principles on which the United States was founded.
The Declaration of Independence is a document in which the thirteen British North American colonies declared their independence from the British Empire. On July 4, 1776, the document was adopted by the Continental Congress in Philadelphia, Pennsylvania, and it was written by Thomas Jefferson.
The Declaration of Independence was written by Thomas Jefferson, John Adams, Benjamin Franklin, Roger Sherman, and Robert R. Livingston. Thomas Jefferson was the primary author of the document, and he drafted the original version of the text over a period of several weeks in June and July of 1776. The purpose of the Declaration of Independence is to declare that the thirteen colonies were breaking away from Great Britain and forming their own independent nation.
The document states that all men are created equal and that they are endowed by their Creator with certain inalienable rights, including life, liberty, and the pursuit of happiness. The document also outlines the colonists' grievances against the British government and their reasons for seeking independence.
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all of these are attitudinal dimensions identified by robert worden as explain differences among individual police officers except which one?
Robert Worden is a criminologist who has studied various dimensions that explain differences among individual police officers.
Some of these dimensions are attitudinal and can influence how officers approach their work and interact with the public. However, one of these dimensions is not identified by Worden.
The attitudinal dimensions identified by Worden include the following:
Authoritarianism: This refers to a preference for strict obedience to authority and a belief in the need for strong social order. Officers high in authoritarianism may be more likely to use force and less likely to tolerate dissent from citizens.
Conservatism: This refers to a preference for traditional values and institutions, such as the family and religion. Officers high in conservatism may be less accepting of social change and more likely to view certain behaviors as deviant or criminal.
Community orientation: This refers to a belief in the importance of working with the community and addressing underlying social problems to prevent crime. Officers high in community orientation may be more likely to engage in community policing and problem-solving strategies.
Cynicism: This refers to a distrust or disillusionment with the effectiveness of police work and the criminal justice system. Officers high in cynicism may be less motivated to perform their duties and may be more likely to engage in unethical or illegal behavior.
The attitudinal dimension not identified by Worden is liberalism, which refers to a belief in progressive social policies and the need for social change. While officers may differ in their political beliefs, Worden did not include liberalism as an attitudinal dimension that explains differences among individual police officers.
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State legislatures define offenses and set punishments for their states and authorize local governing bodies to enact ____________ defining minor offenses and setting penalties.Ordinancesimpliedstare decisis
State legislatures define offenses and set punishments for their states and authorize local governing bodies to enact ordinances defining minor offenses and setting penalties.
An ordinance is a local law, passed by a city, county, or other local government body.
Ordinances usually address minor issues such as noise control, zoning, street parking, and other issues of local concern. These ordinances define offenses and set punishments that are usually less severe than those set by state legislatures.
Furthermore, local governing bodies may also be authorized to pass ordinances that can be enforced within their jurisdiction. This allows them to define minor offenses and set penalties, allowing them to maintain order within their local area.
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________ theory in contract law, means that the existence and interpretation of the contract is based on the outward manifestations of intent by the parties.
Objective theory in contract law, means that the existence and interpretation of the contract is based on the outward manifestations of intent by the parties.
What is the objective theory of contract law?The objective theory of contract law is a basic principle that is used to establish a contract's validity. It states that an agreement is only enforceable if the parties' objective expressions of agreement are consistent with each other. This principle is also known as the outward manifestation rule, as it is based on the actions and behaviors of the parties, rather than their internal or subjective beliefs about the contract.
Objective theory is based on the idea that the parties' external conduct is more reliable than their innermost thoughts or intentions. This means that the parties' words and actions should be evaluated based on how a reasonable person would interpret them, rather than what each party may have actually intended.
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what social media platform is now the focus of a bill in congress that might essentially ban it because of its ability to gather data about those in the u.s. who use it?
The social media app TikTok is now the focus of a bill in congress that might essentially ban it because of its ability to gather data about those in the U.S. who use it. It has been accused of using its algorithm to track the activities of its users and then selling that data to third parties.
This bill is being introduced in response to growing concerns about the app's ability to gather data on users in the United States, and about how this data could be used to track and monitor individuals. The bill seeks to ban it from operating in the United States unless the company agrees to restrict its data collection practices and to increase the privacy protections available to American users.
In conclusion, the proposed bill in Congress highlights the increasing concerns over the collection and usage of user data by social media platforms.
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a ____ is an order requiring that an official bring a specified prisoner into court and show the judge why the prisoner is being kept in jail.
An "order to show cause" is an order issued by a court or judge requiring an official (such as a jailer) to bring a specified prisoner into court and show the judge why the prisoner is being kept in jail.
This order can be used when a prisoner requests to be released on bail, when a prisoner seeks a writ of habeas corpus, or when a prisoner claims to be wrongly imprisoned. An order to show cause must provide the judge with sufficient evidence that there is a legal basis to continue to hold the prisoner in jail. If the official fails to show cause, the court may order the prisoner's release.
In order for an order to show cause to be issued, the court must have a legal basis for requiring the official to bring the prisoner in for a hearing. This can include evidence that the prisoner poses a danger to the public, that the prisoner may be a flight risk, or that the official has failed to follow proper procedure in the case. When the court reviews the order to show cause, it will determine if the evidence provided by the official is sufficient to continue the prisoner's detention. If the court finds that the evidence is not sufficient, the prisoner must be released.
The order to show cause is an important tool in ensuring that prisoners are not held unlawfully and that they are treated fairly. It can also be used to ensure that officials are properly carrying out their duties, and that they are adhering to the law when it comes to detaining prisoners. By issuing an order to show cause, the court can ensure that the official has the necessary evidence to detain the prisoner and that the prisoner has the right to a fair hearing.
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________ refers to the bargained-for legal value that one party agrees to pay or provide to secure the promise of another.A) ConsiderationB) AgreementC) ReformationD) Restitution
Consideration refers to the bargained-for legal value that one party agrees to pay or provide to secure the promise of another. The correct answers is option a.
What is consideration?Consideration is a necessary element of a contract. It is the value given in return for the promise or performance of another. In simpler terms, consideration is the "price" that is paid for the promise of the other party. Consideration must have legal value and be bargained for. In the absence of consideration, the contract would be considered a gift. A contract is not enforceable without consideration. Consideration can take various forms, including money, goods, services, or a promise to do something. In short, it is the mutual exchange of something of value that distinguishes a contract from a gift.
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because of double jeopardy, a person found not guilty of a criminal offense cannot also face a civil charge for the same alleged actions (T/F)
The statement "Because of double jeopardy, a person found not guilty of a criminal offense cannot also face a civil charge for the same alleged actions" is FALSE because double jeopardy applies only to criminal cases, not civil cases.
Double jeopardy is a legal principle that prohibits a person from being tried for the same crime twice after they have been acquitted (found not guilty) of that crime. The principle is rooted in the Fifth Amendment of the United States Constitution, which states that no person shall "be subject for the same offence to be twice put in jeopardy of life or limb."
So, if a person has been acquitted of a criminal charge, they cannot be retried for the same charge again. However, they can still face a civil charge for the same actions if a plaintiff chooses to bring a civil lawsuit against them.
This is because civil and criminal cases are separate legal actions with different purposes and outcomes. In a criminal case, the government seeks to punish a defendant for breaking the law, while in a civil case, a plaintiff seeks compensation for damages suffered as a result of the defendant's actions.
Therefore, the statement "because of double jeopardy, a person found not guilty of a criminal offense cannot also face a civil charge for the same alleged actions" is false.
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questionwhich group describes the elements of the supreme court decision in the dred scott case? box with group a and group b. group a lists slaves were not citizens, slaves could not bring lawsuits, slaves were property, government could not restrict slavery. group b lists slaves could bring court cases, states could determine whether slavery was permitted, slaves would continue to be counted as three-fifths of a free person, government could require a balance between slave states and free states responsesgroup agroup agroup b
Group A describes the elements of the Supreme Court decision in the Dred Scott case.
Group A lists: slaves were not citizens, slaves could not bring lawsuits, slaves were property, and government could not restrict slavery.
Group B lists: slaves could bring court cases, states could determine whether slavery was permitted, slaves would continue to be counted as three-fifths of a free person, and government could require a balance between slave states and free states.
The Supreme Court decision in the Dred Scott case was a major ruling in 1857 that had long-reaching effects on the United States. The decision stated that slaves were not citizens, so they could not bring a lawsuit, and slaves were treated as property.
The ruling also stated that the government could not restrict slavery, as it was considered a form of private property. Additionally, it stated that states could determine whether slavery was permitted, and slaves would be counted as three-fifths of a free person.
Finally, it was determined that the government could require a balance between slave states and free states.
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how is administrative discretion used in operating and running prisons
Answer: See below
Explanation:
(1) Control at the stage of delegation of discretion – The court exercises control over the delegation of discretionary powers to the government by adjudicating the constitutionality of the law under which these powers are delegated in relation to the fundamental rights set out in Part III of the Constitution of India. Consequently, if the law confers undefined and broad discretion on any administrative authority, it may be considered ultra vires Article 14, Article 19 and other Constitutional provisions.
(2) Control at the stage of the exercise of discretion – In India, unlike the USA, there is no Administrative Procedure Act which provides for judicial review of administrative authority exercising. The power of judicial review therefore derives from the statutory structure of the tribunals. Indian courts have always held the view that judge-proven discretion is a negation of the rule of law. Thus, they developed different formulations to control the exercise of administrative discretion.
In P.B. Samant v. State of Maharashtra, the court held the distribution of cement against the law and the circulars or guidelines issued by the Government on that behalf as bad. The distribution of cement was in favour of certain builders in return for the donations given by them to certain foundations of which the Chief Minister was a trustee. It was a clear case of mala fide exercise of power. The power to control the distribution of an essential commodity like cement is given to the Government with a view to ensuring its equitable distribution. When this power is used for obtaining donations for a trust, it is a clear case of abuse of power.
Procedural and Executive Control
There is no clear protocol for this until the legislature compels the executive to obey those laws or procedures. It may take a long time to follow a particular format which will certainly negate the actual purpose of the act. Procedural regulation therefore means that certain rules are laid down under the Parent Act which must be followed whilst it is compulsory or directory to follow it or not. It includes three components:
i. Pre publication and consultation with an expert authority,
ii Publication of delegated legislation.
iii Laying of rules.
It can be either Mandatory or Directory, to know, certain specified parameters are given: