The 97th constitutional amendment is of special significance for the supreme court when considering how to best protect individual rights from action by state and local governments.
What is a constitutional amendment?The constitution of a nation, organization, or another sort of body can be changed through a constitutional amendment. In an established constitution, amendments are frequently braided into the pertinent parts, directly changing the wording. They can also be added to the constitution as supplemental additions (codicils), affecting the structure of government without changing the wording of the original document.
The majority of constitutions stipulate that in order to become law, amendments must first undergo a more rigorous special procedure than is necessary for regular legislation. Examples of these extraordinary procedures include supermajorities in the legislature, direct voter approval in a referendum, or even a combination of two or more different special procedures.
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Sebastian Thaler was diagnosed with chronic tonsillitis. After having recurring symptoms for several years, he finally agreed to let Dr. Chang, a general surgeon, remove his tonsils. The anesthesiologist put Sebastian under, and when Sebastian awoke from the surgery his throat was still sore so he asked the nurse for some ice cream. The nurse informed him that he was not allowed to have ice cream after having his appendix removed. Sebastian, although still groggy from the anesthesia, insisted that it was his tonsils, not his appendix, which had been removed; he demanded to see Dr. Chang. When Dr. Chang arrived at Sebastian's room, he confessed that he had in fact accidentally removed Sebastian's appendix rather than his tonsils as planned. Sebastian had to undergo an additional surgery with a different doctor to have his tonsils removed.
Sebastian now wants to sue Dr. Chang for medical malpractice. Sebastian lives in Dade County, Florida. Dr. Chang lives in Broward County, Florida. The surgery took place at Palms Hospital, which is located in Palm Beach County, Florida.
can dade county hear the case
Tonsillitis is a painful, inflammatory condition brought on by an infection of the two oval-shaped tissue pads that make up your tonsils and are located in the back of your throat. Your doctor may advise taking painkillers until the infection and symptoms pass, depending on whether the infection is brought on by a virus or a bacterial infection.
Nicholas Rowan, MD, assistant professor of otolaryngology at John Hopkins Medicine in Baltimore, says that having recurrent tonsillitis doesn't always indicate that you have a "weak" immune system. Some of us are simply more prone to be vulnerable to specific sorts of diseases because we are all formed slightly differently.
Viruses, as opposed to bacteria, typically cause tonsillitis. According to Dr. Rowan, tonsillitis is typically caused by viral exposure, meaning that the risk increases the more viruses you are exposed to. He claims that teachers in primary schools are more susceptible to illness than those who work in offices or cubicles because they are frequently exposed to small children who are carrying viruses.
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Question 3
A person cited for a misdemeanor would most likely appear before:
Answer:
City or Magistrates Court
Explanation:
Misdemeanors are usually held in a court with a local judge so that circuit court can deal with the felony charges.
What comprise a social class? how do clarify your family in terms of socio-economic status?
Answer:
social class, also called class , a group of people within a society who possess the same socioeconomic status. Besides being important in social theory, the concept of class as a collection of individuals sharing similar economic circumstances has been widely used in censuses and in studies of social mobility.
Explanation:
the remedy for breach of contract may depend on the classification of contracts as law with rights in dispute. (choose two correct answers)
The remedy for breach of contract may depend on the classification of contracts as civil law with substantive rights in dispute. Whereas the remedy is a legal action taken by the court to make up for an injured party in a civil case.
When a party violates a commitment made to another party with whom they have a contract, they are held accountable.
On the other hand, a statutory or written law known as substantive law controls everyone within its scope's rights and obligations. It outlines civil rights and obligations, as well as crimes and their associated penalties.
It is a law that regulates a person's basic rights and duties such as contracts and breach of contract.
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You didn't mention the choices. For everyone's information, here's the complete question:
The remedy for breach of contract may depend on the classification of contracts as ________ law with _________ rights in dispute. (Choose two correct answers):
substantivesignificantcivilobligatory#SPJ4
In the early King's Court of England, a court of law could grant as a remedy only
a. an injunction.
b. a judicial proceeding for the resolution of a dispute.
c. an order to perform a contract as promised.
d. damages.
In the early King's Court of England, a court of law could grant as a remedy only damages.
Below you can read more about Damages.
What are Damages?In law, damages refers to monetary benefits which are paid to a claimant as a means of compensation for loss or injury.
Most times, damages are paid when a party breaches an agreement or in a case where the right of a person is violated.
Damages are broadly categorized into three major forms and they include the following;
economic damagesnon-economic damagespunitive damages.Therefore, according to the question, a remedy can be granted by the King's court of England in form of Damages.
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It should be noted that in the early King's Court of England, a court of law could grant as a remedy only as C. Damages.
How to illustrate the information?Damages are monetary payments made to a claimant as recompense for loss or harm in the legal sense. Damages are typically paid when one party violates another's rights or when an agreement is broken.
Economic, non-economic, and punitive damages are the three main types of damages that can be generally defined. The courts of law could initially only award monetary remedies due to historical and political factors in the creation of the English legal system. A different equity system had to be used if the petitioner requested something other than money. There were distinct courtrooms and hearings for each.
Therefore, it hould be noted that in the early King's Court of England, a court of law could grant as a remedy only as damages.
In conclusion, the correct option is D.
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Michael is a Fijian citizen. He left Fiji in 2021 to work as a chef on super yachts based in European ports. He is employed by a company based in and resident of France. His salary is paid into Fijian bank account.
The yachts cruise the world and on occasions they come into Fijian waters. He is a single man and does not own a residence overseas but spends approximately three months of the year in France when the yachts require maintenance. Michael returns to Fiji twice yearly to visit family, friends and for holidays. He does not own his own home in Fiji and stays with his parents on visits.
Required:
Discuss whether Michael is a Fijian resident for tax purposes.
Michael is not a Fijian resident for tax purposes, though the length of his stay in Fiji is not stated.
What is a resident taxpayer in Fiji?A resident taxpayer in Fiji is a person who earns income and is present in Fiji for a period of 183 or more days in a 12-month period.
Michael spends his time on French yachts that cruise the world and Michael occasionally visits Fiji. Michael also spends three months in France. We are not sure he spends up to three months in Fiji
Since the company that employs Michael is a resident of France, Michael is not a Fijian resident.
Thus, Michael is technically a resident in France, and for tax purposes, his earnings should be subject to France taxation, not Fiji's.
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does the fourth amendment need an update and/or change for a more modern society?
Answer:
The fourth amendment states "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated..." So with this in mind, I don't think a change to the fourth amendment is warranted. The fourth amendment essentially protects our right to privacy. It helps limit the government from doing whatever they want. It gives the people the privacy they deserve. No ones houses, papers, etc should be searched without good reason.
Explanation:
List the advantages of legal convergence. Enumerate obstacles to legal convergence. Enumerate the approaches to legal convergence. List and explain the three strategies currently hoped to accelerate legal convergence. What is legal divergence?
Scientific investigation must be well _______ to be sure the data collected will help the scientists question.
The scientific investigation must be well ill try to but try enough to be sure the data collected will help the scientist's question.
Data is a collection of discrete values that convey information, describing the quantity, quality, facts, statistics, other basic units of meaning, or simply a sequence of symbols that can be interpreted. like more. Data is an individual state in a data set.
Data is often organized into structures like tables that provide additional context and meaning, and can themselves be used as data in larger structures. Data can be used as variables in a calculation process. Data can represent abstract ideas or concrete actions.
Data is commonly used in scientific research, finance, and virtually every other form of human organizational activity. Examples of datasets include stock prices, crime rates, unemployment rates, literacy rates, and census data.
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Writing an op-ed, explain the different legal theories, and how each justice will rule on the constitutionality of the convictions. Lastly, explain to the readers what will happen after the vote occurs.
Imagine five cave explorers from the Spelunking Society in the year 4300 are trapped in an underground cave after a landslide blocks the entrance. Considerable time and expense are put into a cave rescue effort, which spans more than two weeks and results in the death of ten rescuers. After twenty days in the cave and with diminishing supplies, the group members decide they must kill one of their own to survive. Benjamin Luttrell, one of the group, proposes that they cast dice to determine who should be killed and eaten. After much deliberation and hesitation, the group agrees.
Shortly thereafter, Benjamin gets scared and withdraws from the agreement he had proposed. Nonetheless, the group goes ahead with the plan. When Benjamin refuses to participate, the group goes ahead without him and rolls the dice for him. He loses the dice role. Benjamin is killed and eaten on the twenty third day. The remaining survivors are saved on the thirty second day. Afterward, the remaining group members are put on trial for murder. The statute under which they are tried states, “Whoever shall willfully take the life of another is punished by death.”
Suppose the jury finds all survivors guilty and the trial judge promptly sentences the defendants to death by hanging. After the jury is released from duty, the defendants petition the Supreme Court to reconsider the verdict. Five justices on the Supreme Court review the petition to appeal the murder convictions and death sentences. The legal philosophies of each justice are well known:
• Chief Justice Truxal is a sociological theorist.
• Justice Nelson is a natural theorist.
• Justice Ellis is an economic pragmatist.
• Justice Pinerola is a legal positivist who prefers the “plain meaning” of the statute.
• Justice Cooper is a proponent of critical legal theory.
Based on the given scenario, the likely verdict of the following judges would occur, based on their legal philosophies:
Chief Justice Truxal who is a sociological theorist would uphold the judgment because he would observe the human behavior of the group of trapped men and conclude that though their situation was dire, they committed murder.
Justice Nelson who is a natural theorist would uphold the judgment because he is of the school of thought that believes that human laws are defined by morality and the actions of the men were immoral.
Justice Ellis who is an economic pragmatist would overturn the judgment because he would weigh the situation from an economic perspective and discover that one person needed to die, for the others to survive.
Justice Pinerola who is a legal positivist who prefers the “plain meaning” of the statute would uphold the judgment because he believes that the law and morality are parallel and the men committed murder, plain and simple.
Justice Cooper who is a proponent of critical legal theory would uphold the decision because he believes that the law contains social biases and these biases are the reason for the judicial review on what is a clear murder case.
What is the critical legal theory?This refers to the theory that states that the law is connected with social issues, and contains social biases.
Hence, we can see that the likely verdict of the following judges would occur, based on their legal philosophies are given above
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kevin is a judge hearing the case of local dispatch co. v. national transport corp. applying the relevant rule of law to the facts of the case requires kevin to find previously decided cases that, in relation to the case under consideration, are
Judge Kevin must locate earlier cases that, in respect to the matter in question, are "as close as possible" or as similar as possible in order to apply the pertinent rule of law to the facts of the case.
For the avoidance of dispute, the term "relevant rule of law" implies any applicable rule of law that regulates the priority of charges created by an entity; it does not, however, include any statute regulating the precedence of such charges.
The rule of law is known as a system, procedure, or norm that upholds the equality of all the people in front of the law. It actually must ensure a form of governance that is not arbitrary.
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At what decision point in the formal criminal process does the defendant enter a plea of guilty or not guilty?
O a. during the arraignment.
O b. during the criminal trial.
O c. during the preliminary hearing.
O d. during the bail hearing.
The decision point in the formal criminal process when the defendant must enter a plea of guilty or not guilty is a. during the arraignment.
What is the formal criminal process?The formal criminal processis the formal steps that the law requires the arrest and investigation of crime offenders to follow to ensure that justice is served.
The formal criminal process includes:
Investigation and arrestPretrial activities (discovery of witnesses)ArraignmentAdjudicationSentencingCorrections.Every criminal process hovers around conviction, punishment, and rehabilitation.
Thus, the defendant enters a plea of guilty or not guilty is a. during the arraignment.
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According to the segment, what is the foundation of police authority?
Answer:
Federal Law
Explanation:
if laboratory reports are used in the prosecution of a case without any opportunity for the defense attorney to cross-examine the forensic scientists who produced the reports, this is a violation of the sixth amendment’s right.
If laboratory reports are used in the prosecution of a case without any opportunity for the defense attorney to cross-examine the forensic scientists who produced the reports, this is a violation of the sixth amendment confrontation right.
What is the sixth amendment confrontation right?The Sixth Amendment guarantees the right of a person accused of a crime to confront a witness against him or her in a criminal action. This includes the right to attend the trial (which is guaranteed by the Federal Rules of Criminal Procedure Rule 43). The Sixth Amendment protects criminal defendants' rights, including the right to a speedy public trial, the right to counsel, the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence against you. If laboratory reports are used in the prosecution of a case without allowing the defense attorney to cross-examine the forensic scientists who produced the reports, the sixth amendment confrontation right is violated.Therefore, if laboratory reports are used in the prosecution of a case without any opportunity for the defense attorney to cross-examine the forensic scientists who produced the reports, this is a violation of the sixth amendment confrontation right.
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The correct question is given below:
If laboratory reports are used in the prosecution of a case without any opportunity for the defense attorney to cross-examine the forensic scientists who produced the reports, this is a violation of the sixth amendment ___ rights.
tim decides that he is in desperate need of money and decides to rob a bank. he is caught and arrested. what type of law would be applied to him when brought to trial?
Criminal law would be applied to him when brought to trial.
What is criminal law?Criminal law is the body of law dealing with crime. It defines behavior that is perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of others, including oneself. The majority of criminal law is established by statute, which means that the laws are passed by a legislature. Criminal law encompasses the punishment and rehabilitation of those who break the law.Criminal law varies by jurisdiction and is distinct from civil law, which focuses on dispute resolution and victim compensation rather than punishment or rehabilitation. A person who robbed a bank, for example, will face criminal charges.Therefore, criminal law would be applied to him when brought to trial.
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According to the lesson, _____ percent of texans say that, by law, a woman should always be able to obtain an abortion as a matter of personal choice?.
The lesson claims that 38% of Texans believe that a woman should always be permitted to have an abortion as a matter of personal choice.
Below are the necessary abortion-related details.
Explain abortion.Abortion is the word used when a pregnancy is ended in order to avoid giving birth.
BPAS provides assistance to women who become pregnant unintentionally or by mistake. Numerous women who have determined that having an abortion is the best course of action receive treatment from us, and we also offer advice and counseling to those who are unsure of what to do next.
The removal or evacuation of an embryo or fetus in order to end a pregnancy is referred to as "abortion." Miscarriages, commonly referred to as "spontaneous abortions," are spontaneous abortions that occur in 30% to 40% of pregnancies.
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QUESTION 8
How can crime be controlled according to the rehabilitation perspective?
O a. by increasing the penalties for criminal activity.
O b. through the increased use of alternative sentencing.
O c. by giving people the means to improve their life-style through conventional endeavors.
O d. by building more prisons.
According to the rehabilitation perspective, crime can be controlled b. through the increased use of alternative sentencing.
What is alternative sentencing?Alternative sentencing includes the punishments that a court imposes on a defendant after conviction, other than a jail term or the death penalty.
Instead of an outright sentence of incarceration or death, alternative sentencing includes probation, community service, and restitution payments, which are in the form of compensation to crime victims.
The rehabilitation perspective tries to change offenders' behaviors, unlike incarceration or imprisonment, which locks up the offender.
Thus, according to the rehabilitation perspective, crime can be controlled b. through the increased use of alternative sentencing.
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Affirmative (PRO): The death penalty should be legal in the United States.
The death penalty is a powerful tool for maintaining law and order, they claim, and it is less expensive than life in prison.
One of the key arguments in favor of continuing to use the death penalty is that it might deter criminal behavior by those who fear receiving the death penalty. arguments in favor of the death penalty. Retribution. Deterrence. Rehabilitation. avoiding repeat offenses. closure and approval. incentive to assist the cops a disagreement in Japan.
The worst criminals are put to death permanently, which makes us all feel safer because they can no longer commit crimes. It also acts as a "deterrence" by frightening other persons who might be considering committing a crime.
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traditional roles of police
Answer:
Police typically are responsible for maintaining public order and safety, enforcing the law, and preventing, detecting, and investigating criminal activities. These functions are known as policing.
The fifteenth amendment guaranteed _______________ for all us citizens, regardless of previous condition of servitude.
The fifteenth amendment guaranteed to vote for all us citizens, regardless of the previous condition of servitude.
What was the fifteenth amendment?The fifteenth amendment guaranteed the right to vote to all citizens, regardless of previous servitude. The United States Constitution's Fifteenth Amendment (Amendment XV) prohibits the federal government and each state from denying or limiting a citizen's right to vote "on account of race, color, or previous condition of servitude." It was ratified as the third and final of the Reconstruction Amendments on February 3, 1870. During the final years of the American Civil War and the Reconstruction Era that followed, Congress debated the rights of millions of former black slaves on numerous occasions.Therefore, the fifteenth amendment guaranteed to vote for all us citizens, regardless of the previous condition of servitude.
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Probation officers primarily work with
a. victims of crime
b. offenders
c. legal and court officials
d. law enforcement officials
Methadone programs are closely associated with the drug control policies of which perspective on justice?
O a. due process perspective.
O b. restorative justice perspective.
O c. nonintervention perspective.
O d. rehabilitation perspective.
Methadone programs are closely associated with the drug control policies of d. rehabilitation perspective on justice.
What are the perspectives on justice in the criminal process?The criminal process, which focuses on investigation and arrest, pretrial activities, adjudication, sentencing, and corrections, exercises three perspectives on justice.
The perspectives of the criminal process on justice include crime control, the protection of society, the punishment of offenders, and the rehabilitation of criminals.
Specialized drug courts handle drug control policies, using methadone programs.
Thus, methadone programs are closely associated with the drug control policies of d. rehabilitation perspective on justice.
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characteristics of procedural law on points ?
The concept of federal law taking precedence over state or local law is commonly called the _____ doctrine.
Answer:
Preemption
Explanation:
In 1735 the new york city trial of editor john peter zenger helped establish the principle that.
The New York City trial in 1735 of editor John Peter Zenger's case demonstrated that the truth cannot be false and misleading.
The case is significant because it established the principle, which is now firmly established in US law, that factual information cannot be defamatory. In the People v. Croswell (New York 1804) case, Alexander Hamilton used this argument to defend Harry Croswell against claims of criminal libel for allegations he made regarding President Thomas Jefferson. The notion was later embedded into New York and laws in other states.
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when is a motion for a directed verdict properly made? group of answer choices after the defendant has filed its answer after summary judgment has been granted after the plaintiff has presented its case only at the appellate court level
After the plaintiff has presented its case, a motion for directed verdict can be properly made.
Additional details about directed verdict are provided below:
Whenever a plaintiff has made a prima facie case, the case may withstand a defendant's motion for a directed verdict.A disagreement in federal cases is resolved by the requirement that specific grounds for the motion for a directed verdict be properly made and stated.The practice of asking the jury to sign off on a decision they did not reach through their own deliberations after the court has granted or the judgment has been granted a motion for a directed verdict serves no purpose and may offend the jury members.Learn more about how to define Directed Verdict: https://brainly.com/question/15105356
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How often must landlords repair damaged window screens?
Answer:
The landlord, at commencement of the tenancy, must ensure that screens are installed in a reasonable condition. Thereafter, the landlord must repair damage to screens once annually, when necessary, until termination of the rental agreement.
Answer: Once anually
Explanation:
The landlord, at commencement of the tenancy, must ensure that screens are installed in a reasonable condition. Thereafter, the landlord must repair damage to screens once annually, when necessary, until termination of the rental agreement
The most powerful type of congressional committee are known as________Such committees are the only committee with ability propose and write legislative bills.
Conference committee
Special Committee
Joint Committee
Standing Committee
The most powerful type of congressional committee are known as standing committees. Such committees are the only committee with the ability propose and write legislative bills.
The four types of committees in Congress are standing committes, joint, and conference. Standing committees are permanent committees which are generally more powerful than other committees. These committees are with the ability propose and write legislative bills.
Standing Committees are constituted from time to time in pursuance of the provisions of an Act of Parliament or Rules of Procedure and Conduct of Business in Lok Sabha. Thus, the work of these Committees is of continuous in nature.
Hence, option D is correct.
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In 1735 the new york city trial of editor john peter zenger helped establish the principle that.
In 1735 the New York city trial of editor John Peter Zenger helped establish the principle that the truth cannot be libelous
The case is significant because it established the principle, which is now firmly established in U.S. law, that truthful information cannot be libelous. In the case of the People v. Croswell (N.Y. 1804), Alexander Hamilton used this argument to defend Harry Croswell against indictments of criminal libel for accusations he made regarding President Thomas Jefferson. The idea was eventually incorporated into New York and other states' laws. If an editor's words were accurate, they could not be prosecuted for seditious libel.
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The fifteenth amendment guaranteed _______________ for all us citizens, regardless of previous condition of servitude.
The fifteenth amendment guaranteed "right to vote" for all us citizens, regardless of previous condition of servitude.
What was 15th amendment of US constitution?The 15th Amendment, passed by Congress on February 26, 1869 and ratified on February 3, 1870, granted African American men the right to vote.
Some key features regarding the 15th amendment of US constitution are-
The 15th Amendment, enacted in 1870, appeared to former abolitionists and the Radical Republicans in Congress who shaped Reconstruction after the Civil War to signify the satisfaction of all promises to African Americans. After being set free by the 13th Amendment and granted citizenship even by 14th Amendment, Black males have been granted the right to vote by the 15th Amendment. In retrospect, the 15th Amendment was merely another step in the fight for equality that would endure more than a century already when African Americans could fully participate in American public as well as civic life.To know more about the 15th amendment of US constitution, here
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