The Establishment Clause, which states that "Congress shall make no act respecting an establishment of religion," has historically been understood to apply to state and local governments.
According to the Supreme Court's ruling in Everson v. Board of Education, the establishment clause is one of the privileges protected by the Fourteenth Amendment's due process clause and is thus valid to statute provisions and local ordinances (1947).
In the well-known Engel v. Vitale judgment from 1962, the Judge came to the conclusion that New York's custom of beginning school days with a prayer written by the school administration violated the Establishment Clause. The court reached the conclusion that this is still the case whether or not students are offered the prospect to omit the prayer.
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A landowner owned several dozen acres of mountain land near a national forest. A plaintiff who was injured by a condition on the owner's land brought an action for personal injury against the landowner.
In a jurisdiction that applies the traditional rules for landowners and possessors of land, which of the following plaintiffs is most likely to win?
(A) A 10-year-old trespasser who was swept onto some rocks while attempting to cross a swiftly flowing river.
(B) A five-year-old trespasser who fell into
a mineshaft from which the owner had removed all warning signs, but the plain- tiff was not attracted onto the owner's land because of the mineshaft.
(C) A five-year-old trespasser who inadver- tently stepped into a badger hole that was obscured in the undergrowth.
(D) A 10-year-old niece visiting the landowner who stepped into a badger hole that the landowner did not know was present but that could have been discovered by inspec- tion.
In a jurisdiction which tends to apply the traditional rules for the landowners and possessors of land, so from the following plaintiffs, the one which is the most likely to win is child who fell into the mineshaft.
A jurisdiction is considered to be an area which is with a set of laws under the control of a system of the courts or government entity and so which are said to be different from the neighbouring areas.
However, from th given plaintiffs, the child who fell into the mineshaft is the one who is most likely to win. This is because under the attractive nuisance doctrine, a child trespasser who is seen to be injured by a dangerous artificial condition need not have been attracted onto the property.
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Which case established judicial review which gave supreme court power to declare laws unconstitutional?
One part of an iron triangle gives the government information about a certain issue. It also encourages lawmakers to draft legislation to help its cause, sometimes through making campaign donations to congress members.
Increasing the budget and power of the bureaucracy to control the industry is one important contact that congress has with the bureaucracy as part of the iron triangle.
The alliance between the legislative part of the U.S. government (Congress), its bureaucratic agencies, and special interests is usually referred to as the "Iron Triangle." Legislation must be proposed and passed by Congress.
The members will need to raise a sizeable sum of money to support the re-election campaign in order to accomplish that. The duty of ensuring that laws, regulations, and policies are being obeyed falls to bureaucratic agencies. Because they are reliant on Congress for financing, Congress can give the bureaucracy more money and power.
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Why should epileptics not be allowed to use the defence of automatism in the case of a car accident? Explain your opinion.
Epileptics should not be allowed to use the defense of automatism in the case of a car accident because it is generally considered that they have a duty to take reasonable care to prevent harm to others while operating a vehicle.
What does the term "Epileptic automatisms" mean?Epileptic automatisms refers to 'insane automatisms, which cause a person who commits a crime during the course of a seizure to be declared legally insane and must be committed to a psychiatric hospital. The law of insanity is inappropriate when applied to epileptic automatisms.
As it is considered that they have a duty to take reasonable care to prevent harm to others while operating a vehicle. Then, there are steps to be taken to prevent or manage seizures while driving, such as taking prescribed medication and avoiding triggers that may induce seizures.
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Which of the following describes what criminal law covers?
A) felonies, misdemeanors, infractions
B) interpretations of state laws, statutory law, federal law
C) laws covered by state governments
D) common law, statutory law, case law
Answer:
c) laws covered by state government
in the 1898 case of plessy v. ferguson, the supreme court ruled that a louisiana law that required african american and white passengers to sit in different rail cars did not violate the constitution. which legal doctrine was established by this case?
“separate but equal” doctrine was established in the 1898 case of plessy v. ferguson, the supreme court ruled that a louisiana law that required african american and white passengers to sit in different rail cars did not violate the constitution.
In a famous 1896 case known as Plessy v. Ferguson, the U.S. Supreme Court maintained the "separate but equal" principle's justification for racial segregation. African American railway passenger Homer Plessy's refusal to seat in a car designated for Black people in 1892 served as the impetus for the case.
In a famous ruling known as Plessy v. Ferguson, the U.S. Supreme Court upheld the "separate but equal" principle, which stated that racial segregation laws were constitutional as long as they provided equal access to amenities. Several state statutes that had been passed in the American South following the end of the Reconstruction era to reinstate racial segregation were given legal standing by the ruling.
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That the freedom of speech and debates or proceedings in Parliament ought not to be impeached or questioned in any court or place out of Parliament. According to this excerpt, members of Parliament are allowed to practice any religion they choose. have a trial by jury. communicate opinions and ideas. share power with the monarchy.
According to this excerpt, members of Parliament are allowed to practice any religion they choose. communicate opinions and ideas.
What is the excerpt?In writing, an excerpt is a passage that is quoted from a larger work, like a book, poem, or article. Excerpts can be used to "display" to readers what you want them to learn and remember about the issue, regardless of your writing's subject or the style you want to use.
Through communication, The exchange and the flow of information, Fact or opinions, and ideas from one person to Another person. It involves a sender transmitting the message or feeling to a receiver
Therefore, Thus option (C) is correct.
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Answer: [answer is C]
Explanation:
susan left her estate to her daughter, janie; however, susan's will might be considered invalid because it is not notarized. what type of court must janie go through to validate the will?
In order to validate the will, Jane must go through Probate Court. Probate court is the court system set up to settle the estate of a departed person.
This includes the all of the confirmation of the will. The court will review the will to make sure it meets all legal conditions, similar as proving that the person was of sound mind at the time it was created and that the document was inked and inked correctly. However, also it'll be declared valid and will be used to settle the estate, If the court finds that the will meets the legal requirements. However, it also it'll be declared invalid and the estate will be settled according to the laws of the state, If the court finds that the will doesn't meet the legal conditions. In either case, Jane must go through the Probate Court in order to validate the will.
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David purchased an immediate annuity with a single $50,000 premium payment. He elects to receive income payments on a quarterly basis. When will his income begin?
David's income, given the income payments on a quarterly basis, will begin in three months time.
What is a quarterly annuity ?A quarterly annuity is a type of investment or savings plan that pays out fixed amounts of money on a regular basis, typically every three months (quarterly). The payments, or annuities, can be made to a single individual or to a group of individuals, such as in the case of a pension plan.
Quarterly annuities can be either deferred or immediate. Deferred annuities allow an individual to make regular contributions over a period of time before the payments begin, while immediate annuities begin payments immediately after the initial lump-sum investment is made.
Quarterly annuities can also be either fixed or variable. A fixed annuity pays out a guaranteed amount of money, while a variable annuity's payments fluctuate based on the performance of the underlying investments. David's income will therefore begin in three months.
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Broker Jane has been accused of violating commission-related laws. Which could cause him to be found guilty?
Answer: Jane paid a commission to a Florida licensee who is not licensed in Georgia, for licensing activity in Georgia.
Explanation:
why are pretrial hearings necessary, especially if both parties have pursued the lawsuit with full knowledge?
Pre-trial discovery is routinely utilized to make sure that all parties to a dispute are aware of each other's views and have access to all pertinent information.
By doing this, it is ensured that the facts, not whether specific information has been concealed, are used to resolve legal issues. Facilitating lawsuit settlement is one of the pre-trial hearings' primary goals. By doing this, both parties avoid incurring significant legal expenses.
By avoiding jaw-dropper, discovery aims to level the playing field in court. In order for the prosecution and defense to prepare arguments based on the arguments of the other side, information must be provided prior to the rehearsal.
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Project: a comparison of human rights bills
comparing the bill of rights with the universal declaration of human rights (united nations)
following world war ii, the united nations (un) general assembly adopted the universal declaration of human rights. the date was december 10, 1948. visit this un web site and review articles 1 through 30 of the un declaration of human rights.
identify five similarities that you see between the rights contained in the un document and the fundamental rights of united states citizens from the us bill of rights discussed in lesson 3.
identify five rights from the un articles that you would like to add to a list of guarantees under the us constitution.
are any rights that you believe should be included but that are missing from either the us bill of rights or the un declaration of human rights? give at least two to three rights.
submission requirements: write a compare/contrast paper of at least 500 words.
The correct set of striking similarities between the rights of the UN document and the fundamental rights of the citizens of the US are that under Freedom, Petition, Amendment of the constitution.
A constitution is a set of accepted guiding ideas or precedents that serve as the foundation of a polity, organization, or other type of legal system of an agency, and often specify how the institution should be governed.
A written constitution is considered a constitution containing these principles in a single legal document or a group of legal documents; A codified constitution is a constitution that contains all of these principles in one comprehensive text. A well-known example of a constitution that has not been codified is the constitution of the United Kingdom, which is instead incorporated into various fundamental acts of the legislature, legal decisions or pact.
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if a licensee has fiduciary duties to obey all lawful instructions from a client and also to exercise reasonable skill and care, which answer describes a situation in which there is a conflict between the two fiduciary duties?
Ronna's responsibility of reasonable care and skill preempts her obligation of allegiance to Jefferson, her client.
The connection between a fiduciary as well as the principal and beneficiary as to whose behalf a fiduciary acts is referred to as fiduciary obligation. When acting in the best interests of such a beneficiary, the fiduciary takes legal responsibility for responsibilities such as care, loyalty, good faith, secrecy, and others. Strict precautions must be taken to ensure that neither conflict of interest emerges, putting such interests at risk. A fiduciary obligation entails acting in the best interests of yet another individual or company.
Fiduciary obligation refers to the connection that exists between an attorney and a client, or between a guardian and a ward. The duty of care, devotion, good faith, secrecy, prudence, and disclosure are all examples of fiduciary obligations. There has been successfully argued that even an employee may owe an employer a fiduciary responsibility of loyalty. Whenever a fiduciary declines to behave responsibly with in best interests of either a client, this is considered a violation of fiduciary responsibility.
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What is the balance of power?
OA process that allows states to prevent other states from dominating the system
O Both of the above.
O None of the above
O An outcome that creates equilibrium among states
Answer:
Both of the above
Explanation:
The balance of power – the idea that states consciously or unconsciously strive towards an equal distribution of power to avoid dominance by one
According to Justice Stevens in Clinton v. Jones, when does the president not have immunity from civil damages litigation
According to Justice Stevens in Clinton v. Jones, the president not have immunity from civil damages litigation in federal civil litigation.
The Constitution of USA does not protect the President from federal civil suit involving the actions committed by the president before entering into the office. As such there is no requirement to stay the case related to civil suit until the President leaves office.
The question involved in this case was whether a serving President because of separation of powers reasons is entitled to absolute immunity from civil litigation arising out of events which occurred prior to his taking office?
In an unanimous opinion, the Supreme Court held that the Constitution does not grant the sitting President any immunity from civil litigation except under highly unusual and special circumstances.
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You are on patrol as a cop, you see a known gang member's pink 4-door Sedan. It was used in the murder of another police officer. How do you react in this situation?
In this case, police officers must be cool and act. If feasible, I would call for backup and surround the car. I would then cautiously approach the car and order everybody inside to emerge with their hands up.
What is the situation?Generally, As a police officer, it is important to remain calm and take appropriate action in this situation.
If possible, I would call for backup and establish a perimeter around the vehicle. I would then approach the vehicle with caution, keeping my firearm at the ready, and give verbal commands to anyone inside to exit the vehicle with their hands up.
If the occupants refuse to comply or make any sudden movements, I would use force as necessary to ensure my safety and the safety of others. Once the occupants are safely in custody, I would secure the vehicle and wait for additional units to arrive.
The vehicle would be processed for evidence, and the occupants would be questioned and charged as necessary in relation to the murder of the police officer.
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Shakila’s husband, David, had vomited after having dinner at a local restaurant. Shakila then brought him to Hospital Suredie for treatment. It was 1.00 a.m. in the morning and there was no doctor on duty. The assistant nurse on duty had called Dr. Quack Nicholson, who was the doctor in charge, for instructions. Dr. Quack instructed the nurse to tell the patient to go home and consult his own personal physician in the morning. Shakila’s husband died later the next day. The cause of death was diagnosed as a chronic disease and he would have died anyway, even if Dr. Quack had treated him.
Advise Shakila whether she can successfully sue Hospital Suredie and Dr Quack for negligence.
Answer:
Explanation:
It is difficult to say whether Shakila can successfully sue Hospital Suredie and Dr. Quack for negligence without more information about the specific circumstances of the case and the laws in the jurisdiction in which the incident occurred.
In general, for a negligence case to be successful, it must be proven that the defendants had a duty of care to the patient, that this duty of care was breached, and that this breach caused harm to the patient.
In this case, it could be argued that the hospital and Dr. Quack had a duty of care to David as a patient seeking medical treatment. However, it is also stated that there was no doctor on duty and the cause of death was diagnosed as a chronic disease and he would have died anyway, even if Dr. Quack had treated him. This information suggests that the death may not have been preventable and that there may not have been a breach of the duty of care.
It would be advisable for Shakila to consult with a lawyer experienced in medical malpractice cases to determine the specific laws and regulations that may apply in her case and to evaluate the strength of her potential legal claim.
Should the court apply the proportionality standard in all judicial review cases?
Answer:
In the proportionality test, "the courts waive the exercise of their discretion when there is no reasonable relationship between the aim pursued and the means employed to achieve it, or when the sanctions imposed by administrative authorities or lower courts are totally disproportionate
to the nature of the offence".
Explanation: When there is no reasonable connection between the goal pursued and the means used to achieve it, or when the sanctions imposed by administrative authorities or lower courts are completely disproportionate to the nature of the offence, the courts waive the exercise of their discretion under the proportionality test. As a result, the court dismisses an unreasonable, discriminatory administrative process. The principle of proportionality dictates that the court examines the benefits and drawbacks of administrative actions, and that such a measure is only regarded lawful if it is favourable relative to the harm; otherwise, it will be thrown out.
Which of the following constitutional provisions empowered the LGBT movement and culminated in same-sex marriage being declared constitutional by the U.S. Supreme Court?O Fourteenth AmendmentO Fourth AmendmentO Fourteenth Amendment—equal protection under the lawO The Fourteenth Amendment
The Fourteenth Amendment required a State to license a marriage between two people of the same sex.
The fourteenth amendment recognized a marriage between two people of the same sex even when their marriage was lawfully licensed and performed out-of-State.
In 2015, the Supreme Court Of USA ruled in the landmark civil rights case of Obergefell v. Hodges. It is a legal case in which the U.S. Supreme Court ruled by a majority of 5-4 stated that state bans on same-sex marriage is not illegal and it further duly recognized same-sex marriages that are performed in other jurisdictions that were earlier recognized as unconstitutional under the due process and equal protection clauses are now legal under the Fourteenth Amendment to the U.S. Constitution. The Supreme court invalidated all such amendment that banned same-sex marriage.
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Correct question
Which constitutional provisions empower the LGBT movement and culminate in same-sex marriage being declared constitutional by the U.S. Supreme Court?
Which is the essential elements of a political party Mcq?
The essential elements of a political party usually include a political leader, who has the primary responsibility for the activities of the part.
A political party is considered to be essential as when the electorate expanded, the political parties evolved in order to mobilize the growing mass of voters which was as the means of political control. Thus, then the political parties became institutionalized to accomplish this essential task.
However, a political party includes a political leader who is made up of individuals and who tends to organize in order to win elections, operate the government, and as well as influence the public policy.
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What explanations have been offered for why Latino and African-American people have a disproportionately high representation in arrest and incarceration rates?
Answer:
Many explanations have been offered for why Latino and African-American people have a disproportionately high representation in arrest and incarceration rates. These explanations include racial profiling, socioeconomic disparities, and systemic discrimination. Racial profiling is the practice of law enforcement disproportionately targeting people of color for investigation and arrest. Socioeconomic disparities refer to the fact that people of color are more likely to be living in poverty, which can lead to higher rates of crime and incarceration. Systemic discrimination refers to the way that the criminal justice system has been designed in a way that disadvantages people of color, including through harsher sentencing, higher bail amounts, and more frequent stops and searches.
Explanation:
To supplement (compile) the list of documents for the period 2019-2022. (using information from official websites):
1) Regulatory and legal regulation of project activities in the OIV of the Russian Federation (2019-2022);
2) Methodological recommendations on projects in the Russian Federation (2019-2022);
3) Regional regulatory legal acts and methodological recommendations (Krasnodar Territory)
Answer:
Here you can find various types of Commission documents such as proposals, impact assessments, communications, delegated and implementing acts and other Commission decisions, agendas and minutes of meetings held by the College of Commissioners.
Explanation:
Hope It Helps
In which situation is it legal for a minor to purchase alcohol?
It is generally illegal for a minor to purchase alcohol, with exceptions for religious ceremonies, with a parent or guardian, or in certain states with lower drinking age laws.
In most situations, it is illegal for a minor to purchase alcohol .In the United States, the legal drinking age is 21, and it is illegal for anyone under that age to purchase or possess alcohol. There are a few limited exceptions to this rule, such as when a minor is purchasing alcohol as part of a religious ceremony or when a minor is accompanied by a parent or legal guardian and is purchasing alcohol for that parent or legal guardian.
It is also legal for a minor to purchase and consume alcohol if they are in certain states that have different drinking age laws, for example, in some states, the drinking age is 18 for beer and wine and 21 for spirits.
Additionally, it is legal for a minor to purchase and consume alcohol if they are in a restaurant or other establishment that serves alcohol and the minor is accompanied by a parent or legal guardian.
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You are on patrol as a cop, you see a known gang member's pink 4-door Sedan. It was used in the murder of another police officer. How do you react in this situation? Answer as a roleplay please and it’s a senario
Police officers need to act and remain calm in this situation. If I could, I would surround the automobile and make a backup call. I would then slowly go up to the vehicle and tell everyone to get out holding hands.
What is the circumstance?In general, it's critical for a police officer to maintain composure and behave appropriately in this circumstance.
I would, if at all possible, make a backup call and set up a barrier around the car. I would then cautiously approach the car, having my gun ready, and issue verbal orders to everyone inside to escape with their hands up.
I would use force as required to protect my safety and the safety of others if the passengers refused to cooperate or made any rash moves. I would lock the car after the people inside are securely in my care and then wait for further units to show up.
The car would be examined for evidence, and its passengers would be interrogated and prosecuted if appropriate in connection with the police officer's murder.
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Which law states that at constant temperature the pressure of a fixed quantity of a gas varies inversely with the volume? A
Gay Lussac's law
B
Avogadro law
C
Boyle's law
D
Charles' law
The correct answer is option c. Boyle's law states that at constant temperature the pressure of a fixed quantity of a gas varies inversely with the volume.
According to Boyle's law P is inversely proportional to V when T and n are constant.
It can be mathematically written as=
P∝ 1/V
or P= K1/V
where, K 1= proportionality constant which depends upon amount of gas, temperature of gas and unit in which P and V are expressed.
Boyle's Law states that when the temperature of a given mass of confined gas is constant, the product of its pressure and volume is also constant. When comparing the same substance under two different sets of conditions, the law can be expressed as:
P1V1=P2V2=CONSTANT
Which is equal to P1/P2=V1/V2
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What are some reasons management opposes unionization?
Answer:
Explanation:
1. Cost of Administration: Management may oppose unionization because they believe it could lead to higher administrative costs. This could be due to increased paperwork and legal costs associated with labor negotiations, union grievances, and other labor-related matters.
2. Loss of Control: Management may also oppose unionization because they feel it will lead to a loss of control over their employees. Unions may be able to negotiate better wages and benefits for their members, which could lead to decreased profits for the company.
3. Uncertainty and Instability: Management may also oppose unionization because it could lead to increased uncertainty and instability in the workplace. Unions may push for changes that could disrupt operations and cause conflict with current management practices.
4. Conflict and Inefficiency: Management may also oppose unionization because it could lead to conflict between unions and management, which could cause inefficiency in the workplace. Unions may push for changes that could result in slower work processes, resulting in decreased productivity.
5. Restrictive Workplace Rules: Management may also oppose unionization because it could lead to overly restrictive workplace rules. Unions may push for rules that could limit the freedom of the employer to manage their employees, resulting in decreased efficiency.
true/false. Trade policies have both positive and negative consequences to businesses, consumers, and governments. A company in Japan recently proposed a revolutionary new concept for home washing machines that could make all other forms of washing machines obsolete. As a result, other countries may impose a quota on the imports of washing machines from Japan.
True. Trade policies have both positive and negative consequences to businesses, consumers, and governments. Trade policies can help protect domestic industries from foreign competition.
A company in Japan recently proposed a revolutionary new concept for home washing machines could be a positive consequence for the company, but it may also lead to negative consequences for other domestic companies in the same industry. As a result, other countries may impose a quota on the imports of washing machines from Japan to protect their domestic industries, which would negatively affect the Japanese company and its ability to export its new product.
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Which relative did not have to live in the household as the tax per claim head of household filing status the parrot the grandparent cousin or the sibling
The parrot did not have to live in the household as the tax per claim head of household filing status. Option A
What is household filing status.?Generally, Household filing status refers to the way in which a person files their tax return based on their family situation, including marital status, dependents, and living arrangements.
The most common household filing statuses are single, married filing jointly, married filing separately, and head of household.
The choice of household filing status can impact the amount of taxes owed and the eligibility for certain tax benefits.
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the zero tolerance law does not provide for an administrative suspension of your driving privilege if you are under 21 years of age and have a blood or breath alcohol concentration of .02 or greater.a) trueb) false
True. Zero tolerance laws are laws that prohibit drivers under the age of 21 from driving with any measurable amount of alcohol in their blood.
The purpose of these laws is to reduce the number of alcohol-related accidents caused by young drivers. In this context, "zero tolerance" means that if a person under the age of 21 is found to have any measurable amount of alcohol in their blood, they will face penalties, including administrative suspension of their driving privilege, fines, and possibly jail time. But these penalties vary from state to state.
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Can alcohol be served at 6am in Michigan
Answer:
No
Explanation:
In michigan(where i use to live) you can not be served or serve alcohol before 10am
