The statement is false. A court of appeals does not re-hear all of the evidence introduced at trial.
Instead, the primary function of an appellate court is to review the decisions made by lower courts for potential errors in the application of law or legal procedure. The appellate court examines the trial record, including transcripts and evidence, and evaluates the legal arguments presented by both parties. If the court of appeals finds that an error occurred during the trial that significantly impacted the outcome, it may reverse or modify the lower court's decision or send the case back for a new trial. However, it does not act as a second trial court or re-try the case. The appellate court's focus is on ensuring that the law has been applied correctly and fairly, rather than re-evaluating the factual evidence presented during the trial.
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generally, a promise is legally enforceable even if nothing is given or received for the promise.
False. A promise is not generally legally enforceable without consideration, which is defined as a bargained-for exchange between the parties.
Consideration can be in the form of money, goods, services, or a promise to do or not do something. It is necessary to show that the parties intended to enter into a legally binding agreement and that they each received something of value in exchange for their promises. If there is no consideration, the promise is not enforceable by law.
The concept of consideration is a fundamental aspect of contract law, as it ensures that both parties have given and received something of value in exchange for their promises. It is a requirement for the formation of a contract, and without it, a promise is not legally binding. This principle prevents one party from making a promise without any obligation to fulfill it, which could lead to fraudulent or unjust practices.
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california condor re-introductions were carried out by a partnership between the usfws and the
California condor re-introductions were carried out by a partnership between the USFWS (United States Fish and Wildlife Service) and the California Condor Recovery Program.
The partnership between the USFWS and the California Condor Recovery Program began in the 1980s as the California condor population had dramatically declined to a critically low number. The goal was to establish self-sustaining populations of the California condor in the wild through captive breeding and reintroduction efforts.
The USFWS provided funding, expertise, and regulatory authority to help manage the reintroduction program. The California Condor Recovery Program oversaw the captive breeding and reintroduction efforts, which involved releasing California condors into the wild in several locations in California, Arizona, and Baja California, Mexico.
The partnership between these two organizations has been crucial in the successful recovery of the California condor population, which has now grown from a low of 27 individuals in the 1980s to over 500 individuals today. The program continues to monitor and manage the California condor population to ensure their long-term survival.
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the defense of marriage act was struck down, in part, by the supreme court justices in ________.
The Defense of Marriage Act (DOMA) was struck down, in part, by the Supreme Court Justices in the landmark case of United States v. Windsor in 2013.
The court ruled that Section 3 of DOMA, which defined marriage as between one man and one woman for federal purposes, was unconstitutional. The decision paved the way for same-sex couples to receive federal benefits and recognition, but it did not legalize same-sex marriage nationwide. It was not until the court's decision in Obergefell v. Hodges in 2015 that same-sex marriage was legalized in all 50 states. The Windsor decision was seen as a significant victory for LGBTQ rights and a step towards greater equality under the law.
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unable to convict al capone on bootlegging charges, the federal government arrested him for:
The federal government arrested Al Capone for tax evasion.
During the Prohibition era, Capone was involved in the illegal production and distribution of alcohol, but the authorities had a hard time proving it. However, they were able to build a strong case against him for failing to pay taxes on his illegal income. In 1931, Capone was indicted for 22 counts of tax evasion and ultimately found guilty. He was sentenced to 11 years in federal prison and fined $50,000. This conviction was a significant victory for the government, as it took down one of the most notorious gangsters in American history.
The federal government was unable to convict Al Capone on bootlegging charges due to insufficient evidence. However, they were able to arrest and prosecute him for tax evasion, which ultimately led to his imprisonment. This successful prosecution was achieved by targeting his financial records and proving that he had not reported all of his income to the Internal Revenue Service (IRS).
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what is the first president of USA
Answer: George Washington
Explanation:
George Washington
On April 30, 1789, George Washington, standing on the balcony of Federal Hall on Wall Street in New York, took his oath of office as the first President of the United States.
the body of law created by court decisions rendered by judges is called __________ law.
The body of law created by court decisions rendered by judges is called "case law" or "common law." This type of law is developed over time as judges interpret and apply existing laws to specific cases that come before them.
It is based on the principle of stare decisis, which means that courts are bound to follow the precedents set by higher courts in similar cases. Case law is an important source of law in countries such as the United States and the United Kingdom, where it plays a significant role in shaping legal principles and providing guidance to judges and lawyers in future cases.
The body of law created by court decisions rendered by judges is called "common law." Common law is developed through the accumulation of judicial decisions, which establish legal principles and rules based on the specific circumstances of individual cases. Over time, these principles and rules create a consistent body of legal doctrine, providing guidance and stability to the legal system.
This form of law is mainly found in countries with a British legal heritage, such as the United States, Canada, and the United Kingdom. It is important to note that common law operates alongside statutory law, which is enacted by legislatures.
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the data suggest that marijuana use increases the likelihood of a person committing a violent crimeT/F
It is true that the data does suggest that marijuana use increases the likelihood of a person committing a violent crime.
Several studies have found a strong association between marijuana use and violent behavior, including aggression and assault. However, it is important to note that correlation does not necessarily imply causation and more research is needed to fully understand the relationship between marijuana use and violent behavior.
The data on the relationship between marijuana use and violent crime is not definitive. Some studies suggest a weak association, while others do not find any significant correlation between the two. It is important to consider various factors, such as the context and individual differences, when assessing this issue.
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in the months before his death, president kennedy had been pursuing initiatives such as
In the months leading up to his assassination, President Kennedy had been pursuing various initiatives aimed at promoting civil rights, increasing economic growth, and advancing America's space program.
One of his major initiatives was the Civil Rights Act of 1964, which he had proposed earlier that year and was still working to push through Congress. He also prioritized improving relations with the Soviet Union, as evidenced by his signing of the Limited Nuclear Test Ban Treaty in August 1963. In addition, Kennedy was committed to expanding the United States' involvement in space exploration and had set ambitious goals for NASA's Apollo program. Despite his truncated time in office, Kennedy's initiatives had a lasting impact on American politics and society.
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the funnel model of justice was developed by those who believe the justice system is
The funnel model of justice was developed by those who believe the justice system is not always fair and equitable.
What does this model show?The model illustrates the disparity between the number of cases that enter the system and those that are ultimately resolved.
At the top of the funnel, many cases are initially brought to the attention of the justice system, but as they move through the different stages of the process, fewer and fewer cases are actually resolved. This is due to a variety of factors, including limited resources, biases and inconsistencies in the system, and the sheer volume of cases that must be processed.
The model highlights the need for ongoing efforts to ensure that justice is accessible and fair for all individuals, regardless of their background or circumstances.
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what specific qualification does the constitution establish in order to be a federal judge?
The U.S. Constitution establishes several qualifications for individuals who wish to become federal judges.
First, they must be appointed by the President and confirmed by the Senate. Second, they must be at least 18 years old and have been a citizen of the United States for at least nine years. Third, they must be a resident of the state or circuit for which they are appointed. Additionally, there are no specific educational or professional requirements for federal judges, although most have a law degree and significant legal experience. However, they must have a reputation for integrity, good character, and impartiality. It is also important to note that federal judges serve lifetime appointments, meaning they can only be removed from office through impeachment and conviction by Congress. Overall, the qualifications for federal judges are designed to ensure that they are qualified, ethical, and impartial in their decision-making.
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What is known in the world for its known diverse culture?
India is known in the world for its known diverse culture.
India is a multi-racial, multi-lingual, and multi-ethnic society. It is a diverse land. People of various faiths, religions, cultures, and traditions dwell here. They each have their own holidays, etiquette, and way of life.
Their religions and beliefs differ as well. Despite this, there are certain common visitable links that connect them. This is a distinguishing attribute of India, and it is commonly referred to as unity in variety.
In general, Indian culture is accepting and embracing. Its nature is absorbing. The democratic structure supports the process. Diversity in all aspects of society is a source of strength and riches. The various forms of worship and belief indicate an underlying homogeneity. They foster a spirit of fraternity and peace.
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What were two critical findings of the ABA survey of restitution directors?
Answer:
Findings from a study conducted by the American Bar Association (ABA), Improving Enforcement of Court-Ordered Restitution, suggest that higher compliance rates result: (1) when efforts are made to monitor payments, and (2) when consistent action is taken to respond to delinquencies.
Explanation:
I hope this helps.
a wrong that arises from a violation of a private duty is called a:
A wrong that arises from a violation of a private duty is called a tort. A tort is a civil wrong that causes harm or injury to someone and gives them the right to sue for damages.
Private duties can arise from various relationships, such as employer-employee, doctor-patient, or landlord-tenant. Examples of torts arising from a violation of private duties include negligence, breach of contract, and defamation. Negligence occurs when someone fails to take reasonable care, and their actions or inaction cause harm to another person. Breach of contract occurs when one party fails to fulfill their obligations under a contract, causing harm to the other party. Defamation occurs when someone makes false and harmful statements about another person, causing damage to their reputation.
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Which one of the following conflict resolution processes is most appropriate when parties are unable or unwilling to meet together?
Arbitration
Conciliation
Transformative mediation
Restorative justice
When parties are unable or unwilling to meet together, the most appropriate conflict resolution process is arbitration.
Arbitration is a process where a neutral third party, called an arbitrator, listens to the arguments of both parties and makes a decision that is binding on both parties. It is often used when the parties cannot reach a resolution through negotiation or mediation. Conciliation involves a neutral third party facilitating communication between the parties to help them reach a mutually acceptable resolution. Transformative mediation aims to empower the parties to make their own decisions and improve their relationship. Restorative justice focuses on repairing harm caused by the conflict and restoring relationships. However, when parties are unable or unwilling to meet, the decision-making power must lie with a neutral third party, making arbitration the most appropriate option.
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what is the average amount of time an inmate spends on death row in texas before execution?
The average amount of time an inmate spends on death row in Texas before execution is approximately 11 years.
In Texas, after a person is sentenced to death, they have the right to file a direct appeal, which is reviewed by a higher court. This appeal process can take several years.
After the direct appeal, there are additional appeals that can be filed, such as a state writ of habeas corpus and a federal habeas corpus petition.
These appeals can take many more years to resolve, leading to the lengthy time period between sentencing and execution. Additionally, there have been legal challenges to the use of certain drugs in lethal injections, which has caused delays in executions.
In recent years, Texas has also faced challenges in obtaining the drugs needed for lethal injections, further contributing to the lengthy time inmates spend on death row before execution.
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in 2017, approximately how many people worked for the state bureaucracy in texas?
In 2017, the number of people working for the state bureaucracy in Texas was approximately 149,000.
What about it?The state bureaucracy is a large organization that provides services to citizens and businesses in Texas. It includes various agencies, departments, and offices that work to implement state laws and policies. The size of the bureaucracy reflects the diverse and complex needs of the state's population.
The number of employees has been steadily increasing over the years, reflecting the growth of the state's population and economy.
The state bureaucracy plays an important role in ensuring the effective functioning of government and the provision of services to citizens.
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First cousin marriages (between the children of two siblings) are legally prohibited:
a. universally.
b. in no state in the United States of America.
c. in all fifty states in the United States of America.
d. in all Western countries.
e. in some states in the United States of America.
The first cousin marriages are prohibited in some states in the United States of America. While there are no federal laws against cousin marriage, the legality of such marriages is determined by individual states.
Currently, 24 states in the US prohibit first cousin marriages, while the remaining 26 states either allow it or have some restrictions. In some states where it is legal, couples may still need to obtain genetic counseling or meet other requirements before getting married. However, it is important to note that cousin marriages are banned in many countries worldwide, including most Western countries. In some countries, such as the UK, marriages between cousins are allowed but frowned upon by society.
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the doctrine of nullification argued that individual states could refuse to recognize federal law.T/F
The statement is True, the doctrine of nullification argued that individual states could refuse to recognize federal law.
What is this concept?This concept is rooted in the belief that the U.S. Constitution is a compact among sovereign states, which maintain the right to judge the constitutionality of federal laws. If a state deems a federal law unconstitutional, it can nullify the law within its borders.
Proponents of nullification assert that this power protects states' rights against federal overreach.
However, nullification has been widely rejected in legal circles and by the U.S. Supreme Court, as it challenges the supremacy of federal law and the Constitution.
Hence, the statement is true.
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What is one of the concerns of critics opposed to the Dodd-Frank Act?
a. The provisions of the act are not specific enough.
b. The government will gain too much power.
c. The provisions of the act are voluntary.
d. It will be too costly for accounting firms.
One of the concerns of critics opposed to the Dodd-Frank Act is that the government will gain too much power. The correct answer is option b.
The Dodd-Frank Act, also known as the Wall Street Reform and Consumer Protection Act, was passed by the U.S. Congress in 2010 in response to the 2008 financial crisis. The Act includes a wide range of financial regulatory reforms aimed at promoting financial stability, protecting consumers, and increasing transparency in the financial system.
One of the concerns of critics opposed to the Dodd-Frank Act is that the government will gain too much power. They argue that the Act gives too much discretion to regulatory agencies and creates new regulatory bodies that are prone to political influence. Critics also argue that the Act may limit the ability of financial institutions to compete in global markets, making them less profitable and less able to create jobs. Additionally, some critics argue that the Act is too costly for accounting firms, which are required to comply with the increased regulations and oversight.
On the other hand, supporters of the Dodd-Frank Act argue that it provides important protections for consumers and promotes financial stability. They argue that the Act includes many provisions aimed at preventing another financial crisis, such as increased capital requirements for banks and enhanced oversight of derivatives markets. They also argue that the Act provides important new protections for consumers, such as the creation of the Consumer Financial Protection Bureau and new rules to prevent predatory lending.
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which of these is not a basic responsibility for managers under the federal discrimination laws?
Under federal discrimination laws, managers have a basic responsibility to ensure that discrimination does not occur in the workplace.
This includes ensuring equal employment opportunities, preventing harassment and retaliation, providing reasonable accommodations for employees with disabilities, and maintaining confidentiality of employee information. However, there is no basic responsibility for managers to provide affirmative action measures to address past discrimination. While affirmative action may be necessary in some cases to correct past discrimination, it is not required by federal discrimination laws as a basic responsibility for managers. Instead, it is a voluntary effort by employers to promote diversity and address any disparities in the workplace. Overall, managers play a crucial role in preventing discrimination and promoting a fair and inclusive work environment.
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what case gave courts the power to examine a law and determine whether it is constitutional?
The case that gave courts the power to examine a law and determine whether it is constitutional is Marbury v. Madison.
Marbury v. Madison is a landmark case in United States law and constitutional history. It was decided by the United States Supreme Court in 1803, and established the principle of judicial review. The case arose when William Marbury, a Federalist who had been appointed a justice of the peace by President John Adams, sued Secretary of State James Madison for failing to deliver his commission.
In its decision, the Supreme Court held that the Judiciary Act of 1789, which Marbury had relied upon in bringing his suit, was unconstitutional.
The Court held that the Constitution itself was the supreme law of the land, and that it was the role of the judiciary to interpret the Constitution and strike down any laws that violated its provisions. The decision established the principle of judicial review, which has been a fundamental aspect of American constitutional law ever since.
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which two types of cases may be heard by the supreme court in its original jurisdiction
The Supreme Court has original jurisdiction over two types of cases: cases involving ambassadors, public ministers, and consuls, and cases where a state is a party.
What about it?In the former, the Supreme Court acts as a trial court and hears cases involving foreign officials who may be involved in legal disputes with citizens or the U.S. government.
In the latter, the Supreme Court hears cases that involve disputes between states, such as boundary disputes or claims over natural resources.
These cases bypass lower courts and are brought directly to the Supreme Court.
However, most cases heard by the Supreme Court are appellate cases where the Court reviews lower court decisions.
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Which of the following statements about the National Crime Victimization Survey (NCVS) is FALSE?
A.) The survey provides information about victims, offenders,and crimes
B.) The NCVS collects information on crimes suffered by individuals and households
C.) The problem of under reporting of crime is eliminated when we use the NCVS
D.) None of the above statements are false
The scope of an audit is not considered to be restricted when an attorney limits the response to a letter of inquiry about litigation, claims, and assessments to
Matters to which the attorney has given substantive attention in the form of legal representation.
An evaluation of the likelihood of an unfavorable outcome of the matters disclosed by the entity.
The attorney’s opinion of the entity’s historical experience in recent similar litigation.
The probable outcome of asserted claims and pending or threatened litigation.
When an attorney limits their response to a letter of inquiry about litigation, claims, and assessments to matters in which they have given substantive attention in the form of legal representation, the scope of the audit is not considered to be restricted.
However, the auditor should still evaluate the likelihood of an unfavorable outcome of the disclosed matters, consider the attorney's opinion of the entity's historical experience in recent similar litigation, and assess the probable outcome of asserted claims and pending or threatened litigation. By doing so, the auditor can gain a better understanding of the potential impact on the entity's financial statements and ensure that the audit is performed in accordance with applicable auditing standards.
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modern conservation science increasingly aims at ______.
Modern conservation science increasingly aims at preserving biodiversity and ecosystem functioning by utilizing interdisciplinary approaches that integrate ecology, genetics, and social sciences.
This approach recognizes the interconnectedness of species and ecosystems and the critical role of human communities in conservation efforts. In addition, modern conservation science emphasizes the importance of understanding and mitigating the impact of climate change on natural systems. To achieve conservation goals, scientists work closely with local communities, policymakers, and stakeholders to develop effective conservation strategies that consider both environmental and social factors. Ultimately, the goal of modern conservation science is to protect the natural world for future generations and ensure the sustainability of our planet's ecosystems.
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the rainy day fund is more properly known as the national research university fund.
T/F
The statement is False as The rainy day fund and the national research university fund are two separate funds with different purposes.
What is the reason?The rainy day fund is a state-level reserve fund set up to help address unexpected budget shortfalls or emergencies. On the other hand, the national research university fund is a higher education funding program aimed at promoting research and innovation at Texas universities.
While both funds are important for the state of Texas, they serve different purposes and should not be confused with each other.
It is important for policymakers and the public to understand the distinctions between various government funds and programs to ensure effective allocation of resources and efficient governance.
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revocation of acceptance is not effective until notice is given to the seller or lessor. T/F
True. The UCC grants the buyer or lessee the right to revoke acceptance if they discover a defect in the goods that substantially impairs their value and the defect was not discoverable upon reasonable inspection.
However, the right to revoke acceptance is not automatic and must be exercised in accordance with the provisions of the UCC. One of these provisions is that revocation of acceptance is not effective until notice is given to the seller or lessor.
The notice must be given within a reasonable time after the buyer or lessee discovers or should have discovered the defect and before any substantial change occurs in the condition of the goods that is not caused by their own defects. If the buyer or lessee fails to give notice within a reasonable time, their right to revoke acceptance is lost, and they are deemed to have accepted the goods.
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if it can be shown that a trespass to land was warranted, a complete defense exists. true or false.
It is absolutely False that a warranted trespass to land does not provide a complete defense. Trespass to land refers to the unauthorized entry onto another person's property.
Although certain circumstances may justify or warrant such entry, such as self-defense, protection of property, or emergency situations, it does not absolve the trespasser from liability entirely. Even if the entry was warranted, the property owner may still have the right to seek damages or legal remedies for the trespass. However, the presence of a legitimate reason for the entry may affect the extent of liability or potential damages awarded. It is essential to consult specific laws and legal precedents in the relevant jurisdiction to fully understand the implications of a warranted trespass to land.
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which test determines if the truth of the claim depends on the truth of the reason?
The test that determines if the truth of the claim depends on the truth of the reason is called the "fallacy of affirming the consequent."
This fallacy occurs when someone assumes that if the consequent (the claim) is true, then the antecedent (the reason) must also be true. However, this is not always the case, as there may be other reasons that could also explain the truth of the claim. Therefore, it is important to carefully evaluate the relationship between the claim and the reason to avoid making this fallacy.
The test that determines if the truth of the claim depends on the truth of the reason is called the "truth table test." This test uses logical principles to analyze whether a claim is valid based on the truth values of its premises (reasons) and conclusion (claim).
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when a medicare recipient chooses a medicare senior plan, he or she forfeits the medicare card. True or False?
False. Choosing a Medicare Advantage plan, also known as a Medicare senior plan, does not result in forfeiting the Medicare card.
In fact, Medicare Advantage plans typically provide the same benefits as Original Medicare, but may also offer additional benefits such as prescription drug coverage and wellness programs. The Medicare card is still used for accessing healthcare services under a Medicare Advantage plan.
False. When a Medicare recipient chooses a Medicare senior plan (also known as Medicare Advantage plan), he or she does not forfeit the Medicare card. The original Medicare card should be kept for reference, but the individual will receive a new card from their Medicare Advantage plan provider for coverage and services.
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