The Constitution of the United States specifies the framework for the federal government of the United States as well as several civil freedoms. The explanation of the cases is given below.
The U.S. Constitution's Article VI states that the Constitution is the final legal document of the country. If challenged, unconstitutional legislation will be ruled unenforceable and not be put into effect, regardless of where it came from.
State constitutions are superseded by federal state laws.
State preemption has recently gained importance in addition to federal preemption, which is still significant. A local law that contravenes state law or, in some cases, merely deviates from it may be declared invalid under this doctrine by the state legislature.
A federal court's decision that a state's constitutional amendment must be removed from that state's constitution and declared null and void because it conflicts with the U.S. Constitution is one method a court decision can accomplish this.
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8. Why can't the Vice President take part in
Senate Debate?
Vice presidents are not permitted to cast a vote in the Senate, with the exception of breaking a tie, or to address the Senate informally without the consent of the senators.
Why can't the Vice President take part in Senate Debate?
The only constitutional obligation for a vice president is to preside over the Senate, except from taking over as president in the event of a president's demise or resignation. Vice presidents are not permitted to cast a vote in the Senate, with the exception of breaking a tie, or to address the Senate informally without the consent of the senators.
According to the Constitution, the vice president of the United States leads the Senate. The vice president officially preside over the receipt and tabulation of electoral votes cast in presidential elections in addition to acting as the meeting's presiding officer. He or she also has the only authority to break a deadlock in the Senate.
A vice president in the government is someone whose main duty is to take the president's position in the case of the latter's demise, resignation, or incapacity.
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Two well known athletes who are considered the best in the world are about to
compete. Athlete A knows that Athlete B used an illegal substance regularly for two
years and stopped a month ago. Athete A goes to the police and reports the previous
illegal activity to get Athlete B jailed to miss the competition and secure a win for Athlete
A without even competing. What are the criminal law implications here and will Athlete A
be successful with the plan? Your answer should list any pertinent rules and then apply
them to the situation
Athlete A's actions would likely constitute the crime of extortion or blackmail. It is also possible that Athlete A's actions could be considered obstruction of justice. Athlete A's plan would not be successful, as it would be illegal and unethical.
Why is Extortion a threat?Extortion or blackmail involves using threats or coercion to obtain something of value from another person. In this case, Athlete A is using the threat of reporting Athlete B's past illegal activity to the police to try to gain an advantage in the competition. This would likely be considered extortion or blackmail.
Additionally, Athlete A's actions could be considered obstruction of justice, as they are attempting to interfere with the legal process by using information as leverage.
Overall, Athlete A's plan is both illegal and unethical. It goes against fair play and sportsmanship and could result in serious legal consequences.
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It is important to uphold the principles of fair play and sportsmanship, and to avoid engaging in any behaviour that could harm the reputation or freedom of movement of others.
What are the criminal law implications?The scenario you have described raises some important ethical and legal questions, and there are a number of criminal law implications to consider.
From a criminal law perspective, Athlete A's actions could potentially be considered defamation, which is the act of making false statements that harm a person's reputation.
Defamation can be both a civil and criminal offence, and depending on the jurisdiction, it can be punishable by fines, imprisonment, or both.
if Athlete A's false report to the police results in Athlete B being falsely arrested or imprisoned,
Athlete A could be charged with false imprisonment, which is the act of intentionally restricting someone's freedom of movement without lawful justification. False imprisonment can also result in criminal charges and significant penalties.
In terms of the rules and regulations of the relevant sporting organization, Athlete A's actions could violate the organization's code of conduct or anti-doping policies.
Many sports organizations have strict rules prohibiting the use of performance-enhancing drugs and other substances, and athletes who violate these rules can face significant penalties, including suspension or disqualification from competition.
However, if Athlete A's false report to the police is discovered, they could also face disciplinary action from the sporting organization, including suspension or disqualification from competition.
Athlete A's plan to falsely accuse Athlete B of using illegal substances and get them jailed to miss the competition is both unethical and illegal.
Therefore, It is important to uphold the principles of fair play and sportsmanship, and to avoid engaging in any behaviour that could harm the reputation or freedom of movement of others.
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Procedure Title manage legal and ethical compliance
Answer:
Explanation:
The procedure for managing legal and ethical compliance is a set of guidelines and processes that organizations follow to ensure that they comply with all relevant laws, regulations, and ethical standards. The steps involved in managing legal and ethical compliance typically include:
Identify applicable laws and ethical standards: The first step in managing legal and ethical compliance is to identify all relevant laws, regulations, and ethical standards that apply to the organization and its activities. This includes federal, state, and local laws as well as industry-specific regulations and ethical guidelines.
Develop policies and procedures: Once the relevant laws and ethical standards have been identified, the organization should develop policies and procedures to ensure compliance. These policies and procedures should be documented and communicated to all employees.
Train employees: It is important to ensure that all employees are aware of the organization's legal and ethical requirements and are trained on how to comply with them. This includes training on relevant laws and regulations, as well as ethical standards and the consequences of non-compliance.
Monitor compliance: The organization should regularly monitor compliance with legal and ethical requirements, including conducting internal audits and reviews. This can help identify areas where the organization may be at risk of noncompliance and allow for corrective action to be taken.
Respond to violations: If a violation of a legal or ethical requirement is identified, the organization should take appropriate action to address the violation. This may include disciplinary action, corrective measures, or reporting the violation to relevant authorities.
Continuously improve: Finally, the organization should continuously review and improve its legal and ethical compliance program to ensure that it remains effective and up-to-date with changing laws and regulations.
By following these steps, organizations can help ensure that they comply with all relevant legal and ethical requirements, minimize the risk of noncompliance, and maintain the trust and confidence of stakeholders.
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What percentage of people being help in American jails are considered legally innocent?
no system of federal (national) courts was created. individual states could create their own courts within their state. what was some problems with this law
The lack of a federal court system under this law led to inconsistency, lack of uniformity, difficulty in resolving interstate disputes, and challenges in enforcing national laws and protecting individual rights.
Some problems with the law that allowed individual states to create their own courts without a federal court system were:
1. Inconsistency in laws: Since each state had its own court system, different interpretations of the Constitution and laws could lead to inconsistency across states.
2. Lack of uniformity: The absence of a federal court system meant that there was no uniformity in the application of laws across the nation.
3. Difficulty in resolving interstate disputes: Without a federal court system, it was challenging to resolve disputes between states, as each state's court might favor their own state's interests.
4. Inability to enforce national laws: The lack of a federal court system made it difficult for the national government to enforce its laws consistently across all states.
5. Limited protection of individual rights: Without a federal court system to ensure the consistent interpretation and protection of individual rights, citizens' rights could vary significantly from state to state.
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What is the core belief or central premise of classical theory?
A. positivism
B. determinism
C. free will
D. reward/punishment
Free will serves as the fundamental tenet or foundation of classical thought. According to traditional criminology, people are rational individuals with free will who can make decisions in their own best interests.
Do traditional criminologists think that persons can choose to commit crimes on their own volition?According to the traditional theory of criminology, committing a crime is a free-will decision. The pain-pleasure principle is used to make this decision; it states that people behave in ways that maximise pleasure and decrease pain.
What is the fundamental tenet of traditional criminology about offenders?In traditional criminology, the concept of free will is used to explain why criminals choose to commit crimes and why the only approach to regulate it is to dissuade criminals and make them uncomfortable .
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Question 2: (15 marks)
Mike had longed to buy a new car for some years. Unfortunately, his job as a sanitation engineer did not pay very well at all, and he was unable
to afford anything more than a bicycle. However, after months of saving he had saved enough to buy a small, second-hand car. The moment he
drove out of the car yard, Mike was the proudest of all proud car owners. He was, perhaps, a little too proud. His belief in his driving skills was
misplaced.
As he came to the intersection of a major highway. Mike indicated, checked his rear-view mirror, but completely forgot to slow down. Ten metres
from the intersection he remembered, and applied his brakes with great force. The car spun out of control and collided with an electricity pole.
Jenny who was waiting for her bus near the electricity pole suffered minor injuries in the accident. Mike was slightly hurt but had been wearing
a seat belt which had prevented serious injury.
The collision with the electricity pole cut the electricity to several suburbs, with consequent inconvenience and some expense. In particular, the
Fancy Shoes factory had to shut down its operations. The shutdown lasted for two days; on the first day, the factory was without electricity. On
the second day, electricity was restored, but the manager decided to take the opportunity to carry out some urgent maintenance work.
Required: Discuss the Common law legal position of Jenny and Fancy Shoes in an action of negligence against Mike.
Under common law, negligence involves a failure to exercise reasonable care that results in harm to another person or property. In this scenario, Mike's actions leading up to the car accident demonstrate negligence, as he failed to slow down at an intersection despite indicating and checking his rear-view mirror.
What happens as a result of the incidentAs a result of the accident, Jenny suffered minor injuries. In an action of negligence against Mike, Jenny would need to demonstrate that Mike's negligence was the proximate cause of her injuries. Given the facts of the scenario, it seems likely that Mike's actions did cause the accident that led to Jenny's injuries. As such, Jenny may have a strong case against Mike for compensation for her injuries and any resulting damages.
Fancy Shoes, on the other hand, may have a more difficult case against Mike. The factory was forced to shut down for two days, resulting in inconvenience and some expense. However, in order to prove negligence on Mike's part, the factory would need to demonstrate that Mike's actions were the direct cause of the electricity outage and subsequent shutdown. It is possible that other factors, such as a problem with the electricity infrastructure, could have contributed to the outage. As such, it may be more difficult for Fancy Shoes to prove negligence on Mike's part and to claim compensation for their losses.
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Which theory most added the concept of motivation to the criminological repertoire?
A. psychological
B. social learning
C. biological
D. psychiatric/psychoanalytic
Answer:
A. i think
Explanation:
Discuss why a consensual definition of law has been difficult?
Answer:
Because there are so many different view points of what the law is and its purpose in society. Therefore it is extremely difficult to give an exact definition as definitions vary from one person to the next, from one culture or country and the next.
Explanation: I had this same question on an assignment, the teacher left a checkmark on my assignment.
bret buys a house next to a pig farm. the smell is terrible. bret sues the pig farm for damages and for the court to order them to leave. who will win?
Bret may not win the case since the pig farm is already established and may have legal rights to operate. However, it ultimately depends on the laws and regulations in the area and the evidence presented in court.
What are the laws on pig farms and damages?Bret may not be able to sue the pig farm for damages just because of the unpleasant smell. The laws and regulations regarding pig farms vary depending on the jurisdiction. In general, pig farms must comply with laws that limit their emissions and environmental impacts. If the pig farm is violating these laws, Bret may have a case.
However, even if the pig farm is not breaking any laws, Bret may still have a case if the smell is so bad that it constitutes a nuisance.
In order to prove that the pig farm is a nuisance, Bret would need to provide evidence to the court that the smell is so bad that it interferes with his ability to enjoy his property. This may include testimony from neighbors or experts, as well as evidence of attempts to mitigate the smell, such as air filters or odor control measures.
In summary, it is difficult to predict who will win in this case without more information. Bret may have a case if the pig farm is violating laws or if the smell constitutes a nuisance, but ultimately it will depend on the specific facts and evidence presented in court.
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Which modern criminology has most supplemented its naturalistic ideas with lessons drawn from
religion and spirituality?
A. institutional anomie
B. newsmaking
C. peacemaking
D. critical race theory
Answer:
c peacemaking
Explanation:
Private sector security officers are employed and utilized by a wide variety of of Government. Public and Corporates agencies. In this assianment. vou will review the associated Power Point Presentation RE Private Sector Security, to get An understandina of what agencies utilize private sector securty and now they use them
You will then write a one page report on how Govemment, Private, Cooperate Public and Indian Reservations utilize there services. DO NOT USE any of the agencies mentioned in the Power Point Presentation! Using the information you
have learned from the Power Point and from lecture, research an agency (Gov. Private, Cooperate, Public or Indian Reservation) that utilizes the services of Private Sector Security, in their business.
Answer:
The Business, Careers, and Challenges of Security and Loss Prevention
Philip P. Purpura, in Security and Loss Prevention (Sixth Edition), 2013
Regulation of the Industry
The security vocation has its share of charlatans who tarnish the industry, and, as with many types of services offered to the public, government intervention has taken the form of licensing and registration. The Task Force Report and Hallcrest Reports recommend regulation of the security industry by all states. To protect consumers, the majority of states have varied laws that regulate, through licensing and registration, contract security officer services, private investigators, polygraph and other detection-of-deception specialists, and security alarm businesses. Security consultants are generally not regulated, but consumers should verify professional memberships and certifications. Although government regulation does not guarantee that all security practitioners will perform in a satisfactory manner, it does prevent people who have criminal records from entering the profession. In the case of applicants who have lived in multiple states, their backgrounds should be checked in each jurisdiction.
Another way the industry is regulated is through local, state, and federal agencies that contract out private security services and mandate various contract requirements (e.g., education, training, and character) to enhance professionalism and competence. Certain industries are regulated by the government and require stringent security standards. For example, the U.S. Nuclear Regulatory Commission issues rules and standards that must be followed by licensees of nuclear reactors to ensure safety and security. A variety of businesses, institutions, and other organizations also issue requirements. Notably, when a contract is awarded simply to the lowest bidder, professionalism may be sacrificed.
Attempts have been made through Congress to pass a national law to regulate the security industry. In 1995, Rep. Bob Barr (R-GA) introduced H.R. 2092, The Private Security Officers Quality Assurance Act. It languished in Congress in various forms until Rep. Matthew Martinez (D-CA) introduced a similar bill. Known as the Barr-Martinez Bill, if passed, it would have provided state regulators with expedited FBI criminal background checks of prospective and newly hired security officers. The minimal training standards were struck from the bill. These would have required eight hours of training and four hours of on-the-job training for unarmed officers and an additional 15 hours for armed officers. Critics argued that states are against such a national law and state regulations are sufficient.
Finally, Congress passed the Private Security Officer Employment Authorization Act of 2004 (included in the National Intelligence Reform Act of 2004), which enables security service businesses and proprietary security organizations in all 50 states to check whether applicants have a criminal history record with the FBI, which may emanate from one or more states. (National training requirements were not included in the legislation.) This law is significant and adds strength to criminal records checks of security officer applicants. Traditional name-based searches can result in false positives (i.e., an applicant’s name is incorrectly matched to an offender’s name or similar name) and false negatives (i.e., an applicant’s name does not result in a match because the applicant is using a different name or a database was omitted from the investigation). Because applicants may use different names and other bogus identifying information, fingerprints provide increased accuracy in background investigations. Under the act, security firm access to the FBI’s Integrated Automated Fingerprint Identification System (IAFIS) also includes access to the Violent Gangs and Terrorism Organization File. Although not all security organizations are required to check these fingerprint databases for a match with their applicants, the effort and expense of doing so prevent litigation and the possibility that an applicant is a terrorist or other criminal. Cost is one of several factors that influence the extent of background investigations (Friedrick, 2005: 11).
Which government agency (or agencies) in your state regulates the private security industry? What are the requirements for contract security (“guard”) companies, private detectives, and security alarm installers? Are proprietary security organizations regulated in your state?
true or false: because punitive damages are not permitted under federal statutory law, a plaintiff suing for violation of section 11 of the 1933 act cannot file a concurrent common-law fraud action.
Answer:
Explanation:
False- Punitive damages may be recovered in a concurrent common-law fraud action.
The given statement because punitive damages are not permitted under federal statutory law, a plaintiff suing for violation of section 11 of the 1933 act cannot file a concurrent common-law fraud action is FALSE.
Section 11 of the Securities Act of 1933 imposes strict liability on issuers, underwriters, and other specified parties for material misstatements or omissions in a registration statement. However, it does not preempt common-law fraud claims, which require a showing of intent or recklessness.
Although federal law does not provide for punitive damages in securities cases, some state laws do. Therefore, a plaintiff may be able to recover punitive damages in a concurrent common-law fraud action filed in state court.
In fact, courts have consistently held that Section 11 does not displace common-law fraud claims, and that a plaintiff may pursue both causes of action concurrently. The plaintiff may also elect to pursue only the common-law fraud claim and waive the Section 11 claim.
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When you can’t determine who arrived at an intersection first yield to the vehicle ____
When you can’t determine who arrived at an intersection first yield to the vehicle on the right.
When should you yield to the vehicle on your right ?In situations where it is unclear which vehicle arrived at an intersection first, it is recommended to yield to the vehicle on the right. This is commonly known as the "right-of-way" rule, which means that the vehicle on the right has the right to proceed first.
However, if there are traffic signals or signs present at the intersection, you should follow them accordingly. It is always important to be cautious and aware of your surroundings while driving, especially at intersections where accidents are more likely to occur.
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many states hold that a public officer who willfully delays bringing a defendant before a magistrate for the arraignment is guilty of a:
Many states hold that a public officer who willfully delays bringing a defendant before a magistrate for arraignment is guilty of a misdemeanor or other criminal offense.
Arraignment is a critical step in the criminal justice system that takes place after an arrest. It is when the defendant is formally charged with a crime and is informed of their constitutional rights, including the right to counsel. Delays in arraignment can result in prolonged detention, which can violate a defendant's due process rights and create overcrowding in jails.
As a result, many states have laws that require public officers to promptly bring defendants before a magistrate for arraignment. When an officer willfully delays this process, they can be charged with a misdemeanor or other criminal offense. This serves as a deterrent to ensure that defendants' rights are protected and the criminal justice system operates efficiently.
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laws requiring that certain dangerous defendants be confined before trial for their own protection and that of the community are referred to as what type of statutes? group of answer choices
seventeen years ago, susan designed a corrugated steel culvert for a rural road. her work was accepted and paid for by the county engineering department. last winter, the culvert collapsed as a loaded logging truck passed over. although there were no injuries, there was damage to the truck and roadway, and the county tried unsuccessfully to collect on susan's company's bond. the judge denied the claim on the basis that the work was done too long ago. this defense is known as
As per the above case of Susan, this defense is known as the statute of limitations. Hence, the correct option is C.
There are statutes of limitations in most jurisdictions. Defects that manifest themselves after a certain period are not actionable unless a crime or fraudulent act has been committed.
A statute of limitations is a rule established by a legislative body that specifies the longest period of time after an occurrence during which legal actions may be brought. In civil law regimes, it is also known as a prescriptive period. Although frequently going by various names and having different specifics, such periods do exist in a broad range of countries for criminal proceedings and civil law, such as contract law and property law.
Such clauses are frequently included in civil law systems' criminal and civil laws. The statute of limitations is determined by the basis for the action and may be shortened or prolonged to permit a complete and impartial trial.
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NOTE: The given question on the portal is incomplete. Here's the complete question.
QUESTION: Seventeen years ago, Susan designed a corrugated steel culvert for a rural road. Her work was accepted and paid for by the county engineering department. Last winter, the culvert collapsed as a loading logging truck passed over. Although there were no injuries, there was damage to the truck and the roadway, and the county tried unsuccessfully to collect on Susan's company's bond. The judge denied the claim on the basis that the work was done too long ago. This defense is known as:
(a) privity of contract
(b) duplicity of liability
(c) statute of limitations
(d) caveat emptor
In 100 words or more define and discuss the importance of ballistics.
Answer:
Ballistics is the science of studying the motion, behavior, and effects of projectiles, such as bullets and missiles. It is a critical area of forensic science that plays a crucial role in criminal investigations and the justice system. Ballistic analysis can be used to determine the source of a firearm, the trajectory of a bullet, and the nature and extent of injuries caused by gunshot wounds. It can also be used to match bullets or cartridge cases recovered from crime scenes to specific firearms. The importance of ballistics in criminal investigations cannot be overstated, as it provides crucial evidence that can help establish guilt or innocence and ensure that justice is served. In summary, ballistics plays a crucial role in the investigation of firearm-related crimes, providing key evidence that can be used to solve cases and bring perpetrators to justice.
Explanation:
which supreme court case ruled that detainees in guantanamo bay are entitled to habeas corpus rights?
The Supreme Court case that ruled that detainees in Guantanamo Bay are entitled to habeas corpus rights is Boumediene v. Bush (2008).
What is the meaning of habeas corpus?Habeas corpus means the right of someone who has been arrested to be brought before a court or judge. The right is based on the idea that a person cannot be imprisoned without evidence proving their guilt. In other words, Habeas corpus is a fundamental right that ensures the detention of a person must be based on a lawful reason.
In 2008, the Supreme Court ruled on the case of Boumediene v. Bush. The case challenged the legality of military tribunals that had been established to try detainees at Guantanamo Bay. The Supreme Court ruled that the detainees were entitled to the right of habeas corpus, which meant that they had the right to challenge their detention in court.
The ruling meant that the prisoners were entitled to due process and the right to be heard in court, just like any other individual who was imprisoned. This decision was a significant victory for the detainees, as it meant that they could now seek redress for their detention in court.
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a court that does not typically hear original trials, but whose opinions are regularly reviewed by other state courts is likely to be a(n):
A court that does not typically hear original trials, but whose opinions are regularly reviewed by other state courts is likely to be a(n): c) Intermediate Appellate Court
An intermediate appellate court is a particular kind of court that typically doesn't handle first-instance cases but instead reviews various specific judgements rendered by lesser trial courts. A review of these judgements may be made to a superior court, like the state Supreme Court or the federal Supreme Court.
Lower courts in the same area may refer to the multiple views provided by Intermediate Appellate Courts as precedent and as a guidance when making decisions. Because they support uniformity and justice in how the law is interpreted and applied, intermediate appellate courts are hence regarded as a crucial component of the legal system.
Complete Question:
A court that does not typically hear original trials, but whose opinions are regularly reviewed by other state courts is likely to be a(n):
a) Trial Court
b) Civil Court
c) Intermediate Appellate Court
d) Court of Last Resort
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Each of the following states allows for nonpartisan election in the high court of last resort EXCEPT:
a. Michigan.
b. Minnesota.
c. Iowa.
d. Kentucky.
Answer:
I believe the answer is D Kentucky
Explanation:
A narrative case report consists of the following elements:
Select one:
a. Introduction, reporting party/victim statement, witness
statement(s), conclusion
b. Face sheet, witness statement(s), facts of the case,
conclusion
c. Introduction, your opinion, facts of the case, suspect
statement(s), conclusion
d. Face sheet, reporting party/victim statement, witness
statement(s), your opinion, facts of the case
e. Face sheet, introduction, reporting party/victim statement,
witness statement(s), facts of the case, suspect statement(s),
conclusion
The notion of variables as the proper object of study is associated with what other idea?
A. letting the punishment fit the crime
B. fitting the punishment to the offender
C. Aristotle’s differences with Plato’s philosophy
D. Newton’s Law on the linearity of mass and motion
The idea that variables should be the focus of research is connected to Newton's Law on the linearity of mass and motion, commonly referred to as the Law of Inertia.
What does the study of object motion in relation to Newton's laws entail?
Because they represent the cornerstone of classical mechanics, one of the primary areas of physics, Newton's laws of motion are significant. The study of mechanics focuses on how objects move or remain immobile in the presence of forces.
Why is the law of inertia sometimes used to refer to Newton's first law of motion?
The law of inertia states that every material body has a characteristic that prevents it from changing its state of rest or motion in its state of motion. This property is called inertia.
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pls help i have no clue how to solve this.
The tax percentages for each type of tax and their actual amounts would be:
Federal - 7. 57% FICA Medicare - 1. 45%FICA Social Security - 6.20%State - 3.65 % How to find the taxes ?The percentage of the taxes in question are shown on the left side of the picture.
The actual taxes are:
Federal :
= 7. 57% x 1, 560
= $ 118.10
FICA Medicare ;
= 1. 45% x 1, 560
= $ 22.62
FICA Social security :
= 6. 20% x 1, 560
= $ 96.72
State taxes :
= 3. 65% x 1, 560
= $ 54. 75
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Bicycle Accidents: How Do These Accident Claims Work?
To make claims during a bicycle accidents firstly all road users must understand that they have a duty to be very careful and use the road safely and to claim for compensation, they have to prove that the accident was due to the other road users negligent and you got the injuries due their negligent
How do claims work?A claims works when a formal request is made by a policyholder to an insurance company for a compensation to cover for a loss or damages during an accidents
The insurance company will have to verify the claim to check if the accident did not occur due to negligent and then issue an approval for payment to the insured or an approved interested party on behalf of the insured.
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Review Critical Legal Thinking Case 17 on page 310 of the textbook entitled United States v. Michaels Jewelers, Inc. Using IRAC, identity the issue(s) in this case. Explain the applicable rule. Apply the facts and draw your conclusion on who will win the lawsuit. Review the case in Critical Legal Thinking Cases Case 17.6 on page 311 of the textbook entitled A. M. Knitwear v. All America, Etc. Using IRAC, which party should win and why? Why are stolen goods that are sold to a bona fide purchaser returned to the original owner, but goods that are obtained by fraud that are sold to bona fide purchasers stay with the purchasers? Explain and justify the difference.
The issues in the case are:
Case 17: United States v. Michaels Jewelers, Inc.
Issue: Whether Michaels Jewelers, Inc. violated the Tariff Act of 1930 by importing and selling jewelry containing unlawfully smuggled diamonds.
Case 17.6: A.M. Knitwear v. All America, Etc.
Issue: Whether A.M. Knitwear or All America, Etc. is entitled to possession of the goods that were stolen from A.M. Knitwear and then sold to All America, Etc.
Identifying the issue(s) in this case and explaining the applicable rule?Case 17: United States v. Michaels Jewelers, Inc.
Issue: Whether Michaels Jewelers, Inc. violated the Tariff Act of 1930 by importing and selling jewelry containing unlawfully smuggled diamonds.
Rule: The Tariff Act of 1930 prohibits the importation and sale of goods that have been smuggled into the United States. Any person who violates the Tariff Act is subject to criminal penalties.
Analysis: In this case, the government alleged that Michaels Jewelers, Inc. violated the Tariff Act by importing and selling jewelry containing unlawfully smuggled diamonds. The facts of the case suggest that the company knew or should have known that the diamonds were unlawfully smuggled into the United States. Therefore, the company may be held liable for violating the Tariff Act.
Conclusion: Based on the facts and applicable rule, it is likely that the government will win the lawsuit against Michaels Jewelers, Inc. for violating the Tariff Act.
Case 17.6: A.M. Knitwear v. All America, Etc.
Issue: Whether A.M. Knitwear or All America, Etc. is entitled to possession of the goods that were stolen from A.M. Knitwear and then sold to All America, Etc.
Rule: Stolen goods that are sold to a bona fide purchaser are returned to the original owner, while goods obtained by fraud that are sold to bona fide purchasers remain with the purchasers.
Analysis: In this case, A.M. Knitwear was the original owner of the stolen goods. All America, Etc. purchased the stolen goods in good faith from the thief. However, since the goods were stolen, A.M. Knitwear is entitled to their possession.
Conclusion: Based on the applicable rule, A.M. Knitwear should win the lawsuit and be entitled to the possession of the stolen goods. The rule recognizes the importance of deterring theft by returning stolen goods to their rightful owner, even if it means that the innocent purchaser must bear the loss. In the case of goods obtained by fraud, the rule allows the bona fide purchaser to keep the goods to avoid disrupting commerce and to incentivize them to investigate the legitimacy of the transaction before purchasing.
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kirby is found to be in breach of contract in the sale of his house to marta. kirby's contract doesn't limit marta's remedies. which of these remedies is most likely to be awarded by a court?
The most likely remedy to be awarded by a court in a breach of contract case where the contract does not limit remedies is specific performance, which requires the breaching party to fulfil the terms of the contract.
When there is a breach of contract and the contract does not restrict remedies, the most likely remedy that a judge will give is specified performance. This requires the breaching party, in this instance Kirby, to fulfil the contract's conditions, which include selling the home to Marta as promised.
Specific performance is frequently given when monetary damages would not properly recompense the non-breaching party, such as when a unique or irreplaceable object, such as a home, is involved. Other possible options include monetary losses, contract rescission or reformation.
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Why would different states in the United States still manifest some different kinds of legal systems today?
Responses
The early colonies could not agree on what other colonies decided to do with their laws.
The early colonies could not agree on what other colonies decided to do with their laws.
The criminal codes present in the early colonies were set up to meet the specific needs of its own citizens who believed it was weakness to accept others’ laws.
The criminal codes present in the early colonies were set up to meet the specific needs of its own citizens who believed it was weakness to accept others’ laws.
After the American Revolution, it took many years for some of the states to set up agencies to handle criminal offenders in new ways.
After the American Revolution, it took many years for some of the states to set up agencies to handle criminal offenders in new ways.
Some territories of the United States were ruled by different countries, so elements of those countries laws remain in those states today.
Answer:Some territories of the United States were ruled by different countries, so elements of those countries laws remain in those states today.
Explanation:
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. In late critical criminology, which two interweaving influences have had the most impact?
A. style and resistance
B. neoconservatism and postmodernism
C. chaos and complexity
D. commodification and globalization
Neoconservatism and postmodernism are the two intertwining trends in late critical criminology that have had the biggest influence.
What is the criminology postmodern theory?A contemporary theory for examining the causes, remedies, and prevention of criminal conduct is the postmodern criminal theory. According to this theory, crime is a social construct that develops as a result of complicated interactions between people who co-produce their surroundings, which in turn reproduces unique behaviours and identities like criminality.
Who is the foremost criminologist of the postmodern era?Though he did not explicitly advocate for it, French philosopher Michel Foucault is widely regarded as one of the most influential proponents of this method.
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Summerise the thesis statement of text"Nature returns to the cities "provide 3 examples from the text on how the author develops thesis statement
The author develops the thesis statement that "Nature returns to the cities" by providing multiple examples of how nature is finding its way back into urban areas. By discussing green spaces, urban gardening, and urban wildlife, the author argues that nature is becoming an increasingly important part of city life.
What should we know about the thesis statement of text "Nature returns to the cities?The thesis statement of the text "Nature returns to the cities" is the main argument or claim that the author is making throughout the piece. In this text, the author argues that nature is finding its way back into urban areas, and gives several examples to support this claim.
The author develops the thesis statement is by discussing how cities are incorporating green spaces into their design. For instance, the author mentions the High Line in New York City, which is a park built on an old elevated train track. The author notes that this park has become a popular destination for both tourists and locals, and is an example of how urban areas can incorporate nature into their design.
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