How is the philosophy of judicial activism different from the philosophy of judicial restraint?

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Answer 1

Judicial activism and Judicial restraint have philosophies that are polar opposites of each other.

These two terms of Judicial activism and Judicial restraint are the  used to express the philosophy and motivation of the judicial decisions

Judicial activism, simply put, is a theory of wherein it states certain judgements are passed after taking into account the essecne of law along with the dynamics of society and time.

Judicial Restraint, on the other hand, adheres to a more strict interpretation of the law and focuses on the significance of legal precedent.

Thus see, the expression `judicial activism’ is actually used in contrast to `judicial restraint’.

Judicial activism is a dynamic process of judicial outlook in a changing society. In recent years judicial activism has given new dimensions to the process of law making by courts.

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Related Questions

Why is the opinion of the Supreme Court so important?

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The opinion of the Supreme Court so important because they are disseminated to the public electronically and in print.

The Supreme Court's opinions and also its related materials are considered to be disseminated to public electronically and also in print. So, here the main purposes of a legal opinion are- to inform the addressee of the legal effect of a matter or transaction.

However, prior to the issuance of the bound volumes which is of the U.S. Reports, the Court's official decisions tend to appear in the 3 temporary forms: (1) slip opinions; (2) bench opinions; and (3) preliminary prints. Hence, there are a few other different types of the Supreme Court opinions.

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What view of government does Thoreau Express?

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Government, according to Thoreau, is "a means by which mankind would fain succeed in leaving one another alone."

As per Thoreau, Government is in place with the agreement of the governed in order to protect the right to personal liberty and the pursuit of wisdom.

To gain the right to levy taxes on its inhabitants, according to Thoreau, the government must put an end to its unfair practices. He went on to say that as long as the government did unfair things, conscientious people had to decide whether to pay their taxes or not and rebel against it.

The main takeaway from Thoreau's book Walden is to live simply, on your own, and sensibly. He advises individuals to attempt to live a free and uncommitted life, free from the trade economy and contemporary labor, and other things that make life too complicated. He also stresses the value of having as close of a direct relationship with Nature as possible.

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True or False. Notaries may not use electronic technology to notarize wills, codicils, and testamentary trusts.
OA) TRUE
OB) FALSE

Answers

Answer:

OB)False

Explanation:

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Notaries may not use electronic technology to notarize wills, codicils, and testamentary trusts. This is a false statement.

What is Testamentary trusts?

A testamentary trust is a type of trust that is established in a testator's will and comes into existence after their death. Multiple testamentary trusts may be mentioned in a will, which may also handle the entire estate or just a portion of it.

Electronic notarization necessitates the presence of both the Colorado notary public and the subject of the notarial act. distance notarization The notary public need not be at the same location as the person for whom the notarial act is carried out, but they must still be in Colorado.

Therefore, The statement is false.

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What are the three types of deterrence? Apply ideas on deterrence from noteworthy cases that have happened in the last 5 years. Or you can use examples as displayed in American cinema (3).

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By terrifying a particular defendant with punishment, specific deterrence reduces crime. By terrifying the public with the punishment of a specific defendant, general deterrence reduces crime. By removing a defendant from society, incapacitation reduces crime.

What three elements make up deterrence theory?

These three essential elements, known as the "3 Cs" (Severity, Certainty, and Celerity) of punishment, make up traditional deterrence theory.

Which of the three deterrence factors do you think is most crucial?

One of the three deterrence components. Certainty is the probability that a person will be apprehended and punished for a crime they have committed. The most crucial of the three components is certainty.

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Each of the 15 Executive Department are headed by a_______ except for the Department of Jutice, which i headed by the_______

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Each agency is headed by a secretary from that department, with the exception of the Department of Justice, whose leader is known as the attorney general.

Every agency is headed by a secretary from that department, with the exception of the Department of Justice, which is led by the attorney general. The heads of the executive departments are chosen by the president; they formally accept their positions after being confirmed by the US Senate and serve at his or her pleasure. Usually acting as the president's advisory body, the US Cabinet is an executive body. The people who make up this group are the department leaders. In the Opinion Clause of the U.S. Constitution, the phrase "principal Officer in each of the executive Agencies" is used to describe the heads of executive departments. The heads of executive departments are in the order of succession to the president in the event of a vacancy in that position, following the vice president, the speaker of the House, and the president pro tempore of the Senate.

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Commercial law is what

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Answer:

commercial law is a group of laws that govern financial aspects of business such as sales,investment securities, bank deposits, leases,what can be negotiated, secure transactions, credit, real estate,and mortgages

Bran is CEO of an American company. Bran's company opens an office in Germany. Bran visits the German office and is uncomfortable with some of the work habits of the new German employees. If Bran applies moral relativism, he will

Answers

Where Bran is the CEO of an American corporation and his firm establishes a presence in Germany if Bran visits the German workplace and is uneasy with some of the new German colleagues' work practices and If Bran employs moral relativism, he will most likely tolerate and appreciate the varied work practices of the German workers.

What is Moral Relativism?

Moral relativism holds that there are no universally true moral facts, but that moral truths are relative to the individual or culture. It is significant because it enables us to comprehend and appreciate various cultural and social moral values. It also promotes critical thinking and self-evaluation of one's moral values.

So note that Brian will take the above action because he recognizes that morality is subject to cultural and societal standards and that what is acceptable or proper in one culture may not be in another.

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What happen after the bill i introduced by the Senate ecretary general aembly clerk

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The bill is then sent to a conference committee made up of members from each house. The house secretary certifies the final version. Once the bill is drafted in the Senate, the Senate Chief approves the final version.

When a bill is submitted, it is assigned to a technical committee to discuss its contents. If the bill passes the committee, it will be sent to the Senate for a hearing.

If it gets the necessary votes and is approved by the Senate, it will be sent to the House of Representatives and the same process will be followed.

After being passed by both houses, it is sent to the Secretariat for the President's approval and signature, turning it into law.

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The totality of the circumstances test is used to determine if a pretrial identification procedure has violated which right

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To evaluate whether a pretrial identification technique breached the protection against self-incrimination, the totality of the circumstances test is utilised.

Criminal defendants are also shielded from testifying by the Fifth Amendment if they could implicate themselves in the testimony. If a witness feels that providing an answer could put them in jeopardy, they may "plead the Fifth" and refuse to answer.

Self-incriminating remarks made by a person will not be admissible in court if they are not informed of their rights, which include the right to an attorney and the right to keep silent.

These techniques include DNA profiling, the most widely used Test Identification Parade, the skull superimposition technique, and fingerprints and footprints.

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What is the law of Independent Assortment explain with an example?

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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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Which section of the osh act prohibits employers from discriminating against workers

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Section 11(c) of the OSH act prohibits employers from discriminating against workers.

The law gives the right to any employee, who believes that he has been discriminated against in violation of section 11(c) of the Act, to lodge a complaint with the Secretary of Labor alleging such violation.

This must be done within 30 days after such violation occurs. Appropriate investigation shall than be carried out by the Secretary.

In case the investigation results prove to be against the accused, then and the Secretary determines that the provisions of section 11(c) have been violated, the company can institute civil action in the appropriate forum.

The company can be ordered to take restraining measures that  include to restrain violations of section 11(c)(1) and to obtain other appropriate relief.

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It can be hard for a business to win a commercial disparagement tort
because to prevail a business must be able to show
O A. that the company took all reasonable actions to counteract the
libel
O B. that the defendant used unfair competition that resulted in the
loss
O C. that their customer base cannot be recovered
O D. an accurate projection of how much money was lost as a result of
the slander or libel

Answers

Answer:

D.

Explanation:

The commercial disparagement is a type of 'tort' in which a person makes some derogatory statement against the business or a person causing them harm. It is also known as business disparagement.

Though it can be hard for the plaintiff to prove commercial disparagement yet certain parameters or prerequisites are laid in the law which can be shown as proof. One of the prerequisites is to show financial loss occurred due to the slander or libel. The plaintiff can show his/her financial losses occurred after the libel is traded in the market.

Therefore, option D is correct.

What can the Supreme Court Cannot do?

Answers

The Supreme Court lacks the authority to carry out its rulings. It is unable to mobilize the military or order Congress or the president to comply.

To implement its decisions, the Court looks to the executive and legislative departments. The Supreme Court has occasionally had trouble enforcing its decisions.

For instance, some public schools continued to hold class prayers long after the Court had outlawed official religious events.

The only branch of the federal judiciary that the Constitution expressly mandates, the United States Supreme Court is the highest court in the land.

The Constitution does not specify the number of Supreme Court justices; Congress sets that number.

The Supreme Court often does not undertake trials, despite the fact that it may hear an appeal on any legal issue as long as it has jurisdiction.

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What are federal state and local laws?

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Federal state is one where both the central government and state governments are autonomous.

Local laws include all legal norms given by organisms of government whose jurisdiction is less than the national level, such as departmental, municipal and customary norms.

Explanation:

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In order to receive a certificate of completion for this Drivers Education course, you need to have reached 30 hours of course review time. Only after 30 hours have been reached will you be able to take the final exam and then, upon passing the final, receive your certificate of completion in the mail. If you do not reach 30 hours, you will not be able to take the final exam in order to receive your certificate of completion. T/F

Answers

The statement, to receive a certificate of completion for the Drivers Education course, one need to have reached 30 hours of course review time. So, only after the 30 hours have been reached one will be able to take the final exam is, true.

The Driver Education course is a program of study which is seen to be offered by a certified driver who is an education provider. This course enables a student to acquire the basic attitude, knowledge, and basic skill which is quite necessary in order to operate a motor vehicle.

However, the driver education course is offered by a school which tends to include the classroom instruction. Thus, after the completion of this course, the certificate is then provided. Hence, the driver education course is said to be very important.

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service of process is the process of obtaining information from an opposing party before trial.

Answers

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 Air Force is slated to purchase 113 HH-60W aircraft from Lockheed Martin to replace its fleet of HH-60G Pave Hawk helicopters, which perform missions locating and rescuing downed pilots in hostile territory. Here, the Air Force is considered a(n)

Answers

The Air Force is considered an organizational buyer. The term "organizational buyers" refers to people who represent a company.

When making purchases, these buyers frequently consider both their own tastes and the expected preferences of the customers to whom the organizational buyer's business will sell. Retail businesses commonly utilize organizational buyers to select the goods they purchase from wholesalers and manufacturers. The organizational buyer needs to be fully aware of the most recent developments in the specific market they serve. An organizational buyer will evaluate risk vs. return differently than a typical consumer because they frequently make large-scale purchase decisions. Organizational buyers frequently take fewer chances than the typical consumer.

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A typical example of a passive activity is an interest in a: Limited partnership in which the partner does NOT materially participate in the business activities. Limited partnership in which the partner materially participates in the business activities. Limited partnership in which the general partner participates in the business activities over 500 hours. Limited partnership which has no general partner.

Answers

A typical example of a passive activity is an interest in a: Limited partnership in which the partner does NOT materially participate in the business activities. Option A

What is a limited partnership?

A limited partnership is a type of partnership identical to a general partnership, with the exception that a limited partnership needs at least one general partner (GP) and at least one limited partner rather to the minimum two required for a general partnership.

The general partners are in charge of running the company and making choices that will help it accomplish its stated objectives. The limited partners, sometimes known as silent partners, are solely accountable for making investments in the company; they are not in charge of managing it.

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Gregory, a resident of Idabel, has been bombarded with emails from a local real estate licensee. He keeps opting out of receiving the emails, but they just keep coming. What federal law is the licensee possibly violating

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Idabel resident Gregory receives a flood of emails from local real estate licensees. He keeps refusing to receive emails, but he keeps getting them. The federal law , the licensee possibly violating the CAN-SPAM Act of 2003.

The CAN-SPAM Act of 2003 is a federal law that protects consumers from unsolicited e-mail solicitations.

Therefore, if Gregory continues to receive emails from you, you are in violation of our efforts to protect Gregory from spam.

This law was enacted in 2003. It established the first US national standard for sending commercial email to anyone. So it is important.

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When parking uphill on a road that does not have a curb, your front wheels should be turned to the right (toward the edge of the road)

Answers

When parking uphill on a road that does not have a curb, Park, as close to the shoulder as possible, turning your wheels all the way to the right.

Whereas, When parking uphill with a curb, your front wheels should point Away from the curb.

A parking violation occurs when a car is parked erratically or in an unallowed spot.

Generally speaking, parking a car in the middle of a road or highway is not permitted anywhere in the globe; however, parking on one or both sides of a road is typically permitted.

However, there are regulations on this type of parking, and doing so could be illegal. A police officer or other government official will typically issue a traffic ticket for such violations.

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LGBTI have become a reality globally and in South Africa. please discuss your understanding of this new South African reality​

Answers

Answer:

In South Africa, lesbians, gays, bisexuals, and transgender (LGBT) people have the same rights as non-LGBT people. South Africa has a complicated and varied past when it comes to LGBT people's civil rights. Traditional South African mores have affected the legal and social status of between 400,000 and over 2 million lesbian, homosexual, bisexual, transgender, and intersex South Africans.

South Africa has not even indicated whether it will support the resolution brought by Chile, Uruguay, Colombia and Brazil. Supporting a resolution that builds on the foundation that South Africa itself laid in 2011 should be a no-brainer, yet its position remains inscrutable. So far 40 states have agreed to co-sponsor and South Africa is not among them.

Making sense of South Africa’s foreign policy in relation to the human rights of LGBT people presents an enigma. It is hard to find consistency and coherence, or any sense of overarching policy. For three years South Africa has inexplicably stalled on tabling a follow-up resolution in Geneva. And at the 2013 United Nations General Assembly in New York, South Africa abruptly stopped attending meetings of the core group of LGBT-friendly states, and declined to attend a high-level ministerial side event affirming the rights of LGBT people.

HELP
The chart below contains excerpts from several constitutional amendments.
The right of citizens of the United States to vote shall not be denied... on account of race.
15th Amendment (1870)
The right of citizens of the United states to vote shall not be denied... on account of sex.
- 19th Amendment (1920)
The right of citizens of the United States to vote (in federal elections) shall not be denied...by reason
of failure to pay poll tax or other tax.
- 24th Amendment (1964)
The right of citizens of the United States to vote, who are eighteen years of age or older, shall not
be denied... on account of age.
- 26th Amendment
What was the primary purpose of the four amendments on this chart?
O the protect individual liberties from government interference
O to meet the demands of different groups to be enfranchised
O to ensure the smooth running of the United States government
O to strengthen the national security of the United States

Answers

Answer: to meet the demands of different groups to be enfranchised

Explanation:

Even though the United States was founded to be a free country, this freedom was not a reality to a lot of groups such as Black people and women, both of whom found that they could not vote in the country they called home.

The 15th and 24th Amendments aimed to remove this disenfranchisement from Black Americans by constitutionally enforcing their rights to vote and for women, the 19th Amendment took care of that. The 26th Amendment was passed to end the disenfranchisement of people within the age group of 18 - 21 who were eligible for military service but were ineligible to vote.

When is using your headlights required by Virginia law?

Answers

In Virginia, headlights must be used when visibility is less than 500 feet, between sunset and sunrise, and during inclement weather, such as rain, snow, fog, or smoke.

Headlights should be used in any situation where visibility is impaired, even if it is still light out. This is to ensure that other drivers, bicyclists, and pedestrians can easily see your vehicle coming. Additionally, when driving in an area that is not well-lit, such as a rural road, headlights should be used even when visibility is not impaired. This will help make your vehicle more visible from a greater distance. It is important to note that Virginia law requires the use of either low or high-beam headlights. High beams should be used only when no other vehicles are present.

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Which of the following is an example of an action-benefit statement?

A-Led a team of 100 individuals in a community awareness campaign

B-I was on the softball team in high school, but we did not win

C-Good customer service skills

D-Responsible for managing a team

E-Can do office work real good

Answers

Answer:

a

Explanation:

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First offenders may be jailed for at least 48 hours, can be fined up to $1,000 dollars, restricted to driving to and from work or to and from an alcohol treatment program, ordered by the court to attend either a three month or six month alcohol treatment program, required to file proof of insurance with the Department of Motor Vehicles, and required to have an ignition interlock device (IID) installed on his or her vehicle. In total, these fines and fees can exceed $5,000

Answers

First the offenders may be jailed for at least 48 hours. This is said to be ordered by the court in order to attend either a three month or the six month alcohol treatment program.

The alcohol treatment programs tend to guide the former user which is through a safe and effective medical detox, so, this is followed by counseling that tends to target the reasons behind the addiction.

However, the overcoming an alcohol addiction tends to start with a qualified treatment center that is said to help and also address the underlying and the co-occurring disorders. Then, the offenders are jailed for at least 48 hours.

Hence, the treatment centers must be well equipped to help the users.

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What is Thoreau's main point in civil disobedience?

Answers

Thoreau's main point in Civil Disobedience was that one should be free to exercise his/her self conscience in the political sphere of his country.

Thoreau goes on to say that he/she and should not be a silent spectator to the wrong doings of the government and should boldly voice their resistance to it.

The basic premise of Thoreau In Civil Disobedience is that there exists a higher law than the civil law which demands the obedience of the individual.

He argues that both the government and the humans are subordinate.

Whenever one takes the inferior position and the other becomes subordinate, it is important that humans use their conscience whenever such a case arises. This would in turn lead to the well being of the society.

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True or false. In cases of sexual assault robbery and battery the victim must prove in court they actively resisted the crime.

Answers

True ....................
The answer is true.
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There are two options for question 4, choose one question to answer.

What is Sociology?
What is Social structure?
What is the difference between the Gallup Poll and their survey on crime and the Justice Department survey on crime?
Create a diagram/matrix labeling both horizontal and and vertical structures and your place within it. (2 points) OR
Sociologist C. Wright Mills emphasized that social structure lies at the root of private troubles, and that what people may define as private troubles may be more accurately described as public issues, if these problems affect large number. What personal troubles have you encountered that may also be public issues? (2 points)

Helppp pleaseeee

Answers

Answer:

1. Sociology is the scientific study of society, including patterns of social relationships, social interaction, and culture. It focuses on the social, cultural, and political factors that shape and influence human behavior and societies.

2. Social structure refers to the organized patterns of relationships within a society. It includes the social institutions, norms, and values that shape and influence the behavior of individuals and groups within society.

3. The Gallup Poll is a public opinion polling organization that conducts surveys on a wide range of topics, including crime. The Justice Department survey on crime is a statistical survey conducted by the U.S. Department of Justice that collects data on crime and criminal justice in the United States. One key difference between the two surveys is that the Gallup Poll is a private organization, while the Justice Department survey is conducted by a government agency. Additionally, the Gallup Poll may use different methods and sample sizes than the Justice Department survey, which could result in different findings and conclusions.

I can't do the diagram for you.

Personal troubles that I have encountered that may also be public issues:

Lack of access to affordable healthcare: I have struggled to afford healthcare for myself and my family, and I know that this is a problem faced by many people in my community and beyond. This is a public issue because it affects a large number of people and has implications for public health and the overall well-being of our society.

Housing insecurity: I have struggled to afford stable and secure housing at times in my life, and I know that this is a problem faced by many people in my community. Housing insecurity is a public issue because it affects a large number of people and has implications for economic stability, social mobility, and overall well-being.

Assuming two degrees of freedom, which of the following is the correct interpretation of the chi-square analysis, using a p-value of 0.05

Answers

The null hypothesis should be rejected because the critical value is less than the calculated Value correct interpretation of the chi square analysis using a p value of 0.05

A chi-square test is defined as a statistically significant difference between the expected and observed frequencies.

The chi-square test uses hypothetical facts to determine significant differences between calculated and observed frequencies.

The null hypothesis is rejected because the squared value is less than the first found statistic or calculated value. Therefore the hypothesis is invalid.

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Complete Question:

A researcher observed that when two heterozygous plants with red flowers are crossed the resulting offspring include plants with red white or pink flower. The researcher proposes the null hypothesis that flower color is the result of independent assortment and incomplete dominance. The researcher calculates a chi square value of 7.3. Assuming two degrees of freedom which of the following is the correct interpretation of the chi square analysis using a p value of 0.05?

Which of the following is not a fiduciary duty an agent owes to his or her principal?
A. Loyalty
B. Confidentiality
C. Accountability
D. Blind obedience

Answers

Option d: Blind Obedience is not a fiduciary duty an agent owes to his or her principal.

Fiduciary duty is the responsibility entrusted to a fiduciary in dealings with other parties, especially in relation to financial matters.

In most cases, this means that fiduciary responsibilities include overseeing the client's assets and acting on behalf of the client and in the client's best interests.

The duty of loyalty is he one of the highest and most respected duties. Trustees are paid for their work.

However, there is also work that will be the eyes and ears of the client, working to ensure the client's desired outcome without the promise of additional compensation in return.

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