What is the philosophy of judicial activism?

Answers

Answer 1

Judicial activism maintains that the courts can and should consider wider societal effects of their judgements in addition to the relevant law while exercising their judicial power.

American historian, Arthur M. Schlesinger, Jr., in a 1947 article in Fortune coined the term Judicial activism.

Judicial activism is discusses in two contexts- political and academic.  In academic usage, activism refers to only the willingness of a judge to strike down or overturn a judicial precedent or to strike down any of another branch of government/.

Instead of deferring to the views of other government officials or earlier courts, an activist judge tires to enforce their own views based on constitutional requirements.

In political fabric, activism is used as a pejorative.

By claiming that judges make decisions based on their personal policy preferences rather than an accurate reading of the law, one can claim that they have abandoned their impartial position as judges and are instead "legislating from the bench."

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Related Questions

What view of government does Thoreau Express?

Answers

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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Which of the following statements is true of right-to-work laws?
a. They promote closed shops in organizations.
b. They restrict compulsory union membership.
c. They require that all union members have legal work permits.
d. They prohibit union meetings during work hours.

Answers

They limit compulsory union membership. THe correct answer is

option (b).

Which of the following acts is referred to as right to work?

India has ratified both the International Covenant on Economic, Social, and Cultural Rights and the Universal Declaration of Human Rights. Articles 23 and 6, respectively, recognise the duty of the state to defend this right as well as the right to work in a profession of one's choosing.

The Taft-Hartley Act essentially gave rise to the nation's right-to-work legislation, which enable states to forbid requiring union membership as a condition of employment in both the private and public sectors. Every person has the right to decent working conditions. Every employee has the right to establish and join a union.

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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.

A farmer purchased a tract of farmland adjacent to a factory. For months, the factory had emitted a foul-smelling chemical cloud that hovered approximately one foot over the farmland. The farmer invited the factory foreman to his farmland to show him the damage the chemical cloud was doing to his land. The foreman informed the farmer that there was nothing he could do, and that the previous landowner had not complained about the cloud. The farmer brought suit against the factory for trespass to his land.Will the farmer’s trespass suit against the factory be successful?
A.No, because nothing is physically touching the farmer’s property.
B.No, because the factory was in operation and producing the cloud before the farmer purchased the land.
C.Yes, because the chemical cloud constitutes a physical invasion of the property.
D.Yes, because the factory’s agent, the foreman, physically entered the farmer's property.

Answers

The farmer brought the suit against the factory for trespass to his land. So, yes the farmer’s trespass suit against the factory will be successful because the chemical cloud tends to constitute a physical invasion of the property.

The trespass to the land tends to occur when a defendant's intentional conduct is said to have caused a physical invasion of the land of the another. So, the defendant here need not personally enter onto the plaintiff's land.

However, a trespass may be committed on, or above, or below the surface which is of the plaintiff's land. Thus, here the chemical cloud produced by the factory tends to constitute a physical invasion of the land.

Hence, option C is correct.

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What is the law of Independent Assortment and the law of segregation?

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The Law of Independent Assortment in Genetics tends to state that the inheritance of the one pair of the genes is independent ofthe inheritance which is of another pair.

The Law of segregation tends to state that the every individual tends to possess the two alleles and here only one allele is said to be passed on to the offspring. Thus, this has to do with 1 gene and here the allocation of the gene copies is random.

Whereas, the Law of Independent Assortment in Genetics states that the allele of one gene tends to separate independently which is of an allele of the another gene. For instance, two-hybrid rabbits are crossed.

Hence, the law of Independent Assortment and the law of segregation in genetics were explained above.

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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 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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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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How do these responsibilities affect their obtainment of the best performance from their subordinates?

Answers

The responsibilities affect their obtainment of the best performance from their subordinates as it will help to boost the morale of an individual.

What is Performance?

The performance of an individual in a workplace is evaluated by the way of working. It helps to analyze how effectively an individual is working by utilizing all the available resources and achieving the given objective timely.

The responsibility of the supervisor is to monitor and guide the employees at the workplace and provide them with constructive feedback which helps them to improve their skills and achieve the best results.

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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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What is an important factor for high-intensity jobs such as firefighters that can be controlled by the individual
through choices?
O quick memory for procedures
O humor and mental health
O healthy lifestyle
O always handling high stress situations

Answers

It is important for firefighters to have a healthy life style since their jobs are highly intense.

How did fire fighters become essential part of the country?

A town could be completely destroyed by fire. Runaway fire came dangerously close to destroying Jamestown, Virginia. Chimneys developed into fire risks. Therefore, it was crucial to create effective firefighting techniques in colonial America.

Firefighters were either funded by the insurance companies or were volunteers by the middle of the 19th century.

To help with spatial awareness, tool handling, seeing in low light, and operating the engine, firefighters need good vision.

Regular duties for firefighters include extinguishing flames with hoses, pumps, and other equipment, discover the occupants of burning buildings and save them.

Since the jobs of fire fighters is very intense, they would have to maintain their health individually.

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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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How does the relationship between the federal government and state
governments differ from the relationship between state and local
governments?
A. The relationship between the federal government and state
governments can produce conflict between the two sides.
B. The relationship between the federal government and state
governments gives one type of government more power than the
other.
C. The relationship between the federal government and state
governments involves sharing some responsibilities.
D. The relationship between the federal government and state
governments is specifically laid out in the Constitution.

Answers

The relationship between the federal government and state governments differ from the relationship between state and local governments as D. The relationship between the federal government and state governments is specifically laid out in the Constitution.

What is government?

It should be noted that government means the group of people who have been given the power to look after the affairs of a state.

In this case, the relationship between the federal government and state governments is specifically laid out in the Constitution.

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Who makes the laws at the local state and federal level?

Answers

Answer:

The legislature makes the law

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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More than half of the contact that police officers engage in
with civilians is spent?
a. Catching Criminals
b. handling traffic related matters
c. Ferreting out drug deals
d. Investigating crime

Answers

More than half of the contact that police officers engage in handling traffic related matters with civilians is spent. The correct option is b.

Managing traffic related issues, such as enforcing traffic laws, responding to accidents and directing traffic, takes up more than half of police officers interactions with civilians. Calls for service are made after that and they include responding to a range of incidents like domestic disputes, break-ins and noise complaints.

Although catching criminals looking into crimes and sniffing out drug deals are important aspects of a police officer's job, these are not the interactions that officers have with citizens on a regular basis. The correct option is b.

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

Answers

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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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.
Hope this helps

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

Answers

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 human trafficking ​

Answers

Answer:

Human trafficking, also known as trafficking in persons or modern-day slavery, is a crime that involves compelling or coercing a person to provide labor or services, or to engage in commercial sex acts. ... According to the hotline, California is one of the largest sites of human trafficking in the United States.

Explanation:

Answer:

the unlawful act of transporting or coercing people in order to benefit from their work or service, typically in the form of forced labor or sexual exploitation:

Explanation:

it's a really bad thing

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:

give me brainliest

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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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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Why is the opinion of the Supreme Court so important?

Answers

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 are federal state and local laws?

Answers

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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:

Hope it helps you!!

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

Answers

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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Identify a crime news story and discuss ways in which the news media coverage impacted the public perception of the crime. Also discuss whether the media coverage had a positive impact on the case, or if the coverage had a negative impact on the case and how and why?

Answers

Answer:

sadly, i don't know

Explanation:

Answer:

Media reporting often highlights random and unexpected crimes. As a result, individuals can imagine themselves as potential victims of such events. Sensationalist media reporting contributes to moral panic (or outrage directed at certain groups such as youth or particular ethnic groups). i think this the answer.

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?

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).

Answers

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_______

Answers

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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2. In right triangle RST, altitude SV is drawn to its hypotenuse. We also know RT = 20 and VT = 4. Find the value of h. Show your reasoning. Immediate echolalia is:a. repeating a script heard months agob. making noises like animalsc. using words in ways they are not intended to be usedd. saying what was just heard over and over The radius of a cylinder is 7 in and the height is 24 in.Find the Volume.O 117611O 126011O 36011148011 How many moles are in 18.3 grams of Carbon? Given a prime $p$ and an integer $a$, we say that $a$ is a primitive root $\pmod p$ if the set $\{a,a^2,a^3,\ldots,a^{p-1}\}$ contains exactly one element congruent to each of $1,2,3,\ldots,p-1\pmod p$.For example, $2$ is a primitive root $\pmod 5$ because $\{2,2^2,2^3,2^4\}\equiv \{2,4,3,1\}\pmod 5$, and this list contains every residue from $1$ to $4$ exactly once.However, $4$ is not a primitive root $\pmod 5$ because $\{4,4^2,4^3,4^4\}\equiv\{4,1,4,1\}\pmod 5$, and this list does not contain every residue from $1$ to $4$ exactly once.What is the sum of all integers in the set $\{1,2,3,4,5,6\}$ that are primitive roots $\pmod 7$ if one u.s. dollar equals one e.u. euro, which of these could result if the euro experiences inflation? Factor the algebraic expression 24a + 20 8. The price of a hoodie on sale increased from $25 to $45. By what percentage was the price of the hoodie increased? The California Department of State Police keeps track of the number of points received for various traffic violations by drivers. The department is interested in examining the relationship between the number of points received and the insurance premium. Some information on the point category and the insurance premium category is given below: Point category Insurance premium category Low Medium High Cheap 12% 38% 50% Medium 29% 33% 27%Expensive 29% 23% 27% Which distribution is displayed in the above table? a. The joint distribution of premium category and point category. b. The marginal distribution of point category c.The conditional distribution of premium category given point category d. The conditional distribution of point category given premium category Which major mountain range meets the Atlantic Ocean? A) the Himalayas B) the Andes C) the Alps D) the Atlas help please how do i answer this question McCormick Corp. reported the following on its comparative income statement: Mariner Corp. Income Statement - (Partial) Years Ended December 31, 2019 and 2018 Increase (Decrease) 2019 2018 (Amounts in millions) 2019 2018 2017 Amount Percentage Amount Percentage Revenues 9,575 $9,300 $8,975 Cost of Goods Sold 7,240 6,800 6,100 Gross Profit $2,335 $2,500 $2,875Prepare a horizontal analysis of revenues and gross profitboth in dollar amounts and in percentagesfor 2025. Begin by calculating the gross profit for each year, then prepare a horizontal analysis of revenues and gross profitboth in dollar amounts and in percentagesfor 2025. A GC analysis of a oil containing the unknown diene produced a chromatogram with 3 distinct peaks. From the determination of peak area, you find that the percent compositions represented by the peaks are: peak A is 26.66 percent, peak B is 60 percent, and peak C is 13.33 percent. If the largest peak in the chromatogram corresponds to the diene, how many moles of diene are in the crude oil What is a nation-state?A. An independent group of people who live in a state with nogovernmentB. A group of people living under the rule of a government in whichthey have no sayC. A group of people with a shareg culture and language who live in anumber of countriesD. An independent group of people living in a defined territory with anorganized government In which region of the Western Hemisphere would the Encomienda system have been practiced? PLS FIND X ASAP PLS PLS Given m=35000kg g= 9.81N Find W (in kN) Which of the following most contributed to the development of the Indian Ocean traderoutes? 5 t-shirts and a hat costs 17.00 2 t-shirts and a hat costs 8.00. How much does a t-shirt cost? How much does a hat cost? what major event occurs in Frankenstein s life when he is 17 years old? A. His father abandons the family and leaves them pennilessB. He boards a ship for America and almost drowns when it sinksC. His younger brother leaves home to join the German armyD. Elizabeth contracts scarlet fever and nearly dies