The given statement is false. Because a donee beneficiary is merely receiving a gift, a donee beneficiary cannot win a lawsuit if the contract is not performed.
What Is a Donee Beneficiary?
The donee beneficiary differs from other categories of third-party beneficiaries because of their connection to the contract's parties. Specifically, a donee beneficiary's claim to receive benefits under the contract is treated as a gift from one of the parties to the contract. In the case of a 5 by 5 Power in Trust, donee beneficiaries are also permitted to incorporate the promised assets into their own inheritance.
Donee Beneficiaries have the legal right to request benefits promised to them once their rights to the contract have accrued, just like in other circumstances involving third-party beneficiaries. They differ from creditor beneficiaries in that they may bring legal action only after being made aware of the contracts or intended benefits.
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who black men have slammed the door shut on a past of deadening passivity?
Black males have slammed the door shut on a past of deadening passivity, said Martin Luther King.
Who is Martin Luther King?
From 1955 until his assassination in 1968, Martin Luther King Jr. (born Michael King Jr.; January 15, 1929 – April 4, 1968) was an American Baptist clergyman and activist. He was one of the movement's most famous leaders. Son of early civil rights activist and preacher Martin Luther King Sr., King achieved civil rights for people of color in the United States through nonviolence and civil disobedience. He was an African-American church leader. He conducted targeted, peaceful opposition against Jim Crow laws and other kinds of discrimination, motivated by his Christian convictions and Mahatma Gandhi's nonviolent activity.
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what should happen if the government becomes destructive?
Answer:
it is the right of the people to demolish it or form a new government leader
Explanation:
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when a tortfeasor is willful in bringing about a particular event that caused harm, it falls into which category of tort?
Option E is Correct. It falls under the Intentional category of tort when a tortfeasor willfully causes an incident that results in harm.
A tortfeasor is a person who commits a tort; this person is "liable" rather than guilty. The purpose of tort liability is to compensate the tort victim financially for the harm that the tortfeasor inflicted. There are further remedies available, such as injunctions or restitution.
When the defendant's activities were disproportionately risky, negligent torts occurred. Strict liability torts, in contrast to deliberate and negligent torts, are independent of the level of care that the defendant used. Courts in strict liability instances instead concentrate on whether a specific outcome or harm manifested. A sort of liability known as "fault" requires the plaintiff to demonstrate that the defendant's actions were at fault.
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Correct Question:
When a tortfeasor is willful in bringing about a particular event that caused harm, it falls into which category of tort?
A) None of these
B) Partial liability
C) Negligence
D) Strict liability
E) Intentional
______ laws are made to protect the public as a whole from the harmful acts of others.
Nuisance ordinances laws are made to protect the public as a whole from the harmful acts of others.
Nuisance ordinances, likewise alluded to as a crime-free ordinance or a disorderly house ordinance, is a nearby regulation typically passed on the town, city, or district level of government that plans to legitimately rebuff the two landowners and occupants for violations that happen on a property or in an area. These regulations force punishments under programs alluded to as disturbance reduction when wrongdoings are accounted for, whether or not violations really happened or what the police activity involved.
The consequence of these laws is for property managers to tell occupants to not report wrongdoings, decline to restore the rent of anybody engaged with revealing a wrongdoing, and expulsion of inhabitants engaged with any violations, regardless of whether the inhabitants were the casualties of said violations.
As per the American Civil Liberties Union (ACLU), while allies of these mandates contend that they forestall crimes in the region under the laws, the genuine outcome is rather a decrease in by and large open security and mischief brought to casualties of wrongdoing, especially those experiencing homegrown maltreatment, that are dissuaded from revealing the crime carried out against them.
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Laws are made to protect the public as a whole from the harmful acts of others
a)criminal
b)civil
c)international
d)military
Criminal laws are made to protect the public as a whole from the harmful acts of others.
Hence, the correct option is A.
Criminal laws is a body of law that apply to criminal acts. The main theories for criminal law are: to deter a crime, to reform the perpetrator, to provide retribution for the act, and to prevent further crimes. The main aim of criminal law is to prevent others from doing a crime by punishing the individuals committing the crime. Punishment of a criminal activity can specified on the basis of severity of the crime from penalties to capital punishment such as death penalty or imprisonment for life. Crime is social evil and it can harm an individual or a society but its impact is harmful for each member of the society, and to protect the society from such evils the criminal law was framed.
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Explain how the US Supreme Court related their reasoning for creating the Exclusionary Rule in Mapp v. Ohio to deciding the Good Faith exception in US v. Leon.
Krugman advocates that it is logical to expect the US government to ignore special-interest politics when forming policy.
True or false?
False. According to Krugman, it is realistic to expect that the US government will ignore special-interest politics when making judgments.
According to Paul Krugman, a strategic trade policy that seeks to give domestic businesses an advantage in a global industry is a beggar-thy-neighbors tactic that increases national income at the expense of other countries. Such measures are likely to be opposed by other nations that try to enact them.
The argument for trade policy argues that it is appropriate for the government to offer subsidies to start-up companies. In light of this, the strategic trade policy argument suggests that a government should use subsidies to support promising companies that operate in recently emerging industries.
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A mayor sued a blogger for defamation in federal district court under diversity jurisdiction. The mayor alleged in her complaint that the blogger had published defamatory statements about her that suggested she was having an adulterous relationship. The mayor's entire case rested on her own testimony establishing the prima facie elements of her claim and a properly authenticated and admitted copy of the allegedly defamatory publication. At the end of the mayor's presentation of evidence to the jury, the blogger filed a motion for judgment as a matter of law. Finding that the mayor's meager evidence was insufficient for a jury reasonably to find that the publication was false, as was required by state law, the judge granted the blogger's motion and directed a judgment in favor of the blogger. The mayor immediately appealed the judgment, contending that the trial judge applied the wrong legal standard in granting the motion.
On these facts, should the judgment be set aside on appeal?
A. No, because the district court's ruling was not clearly erroneous.
B. No, because the mayor failed to meet her burden of establishing a prima facie case as a matter of law.
C. Yes, because a motion for judgment as a matter of law cannot be granted until both parties have presented their cases.
D. Yes, because the district court improperly evaluated the weight of the evidence.
Answer:Answer choice D is correct. When ruling on a Rule 50 motion for judgment as a matter of law, the court must view the evidence in the light most favorable to the opposing party and draw all reasonable inferences from the evidence in favor of the opposing party. It may not consider the credibility of witnesses or evaluate the weight of the evidence, and it must disregard all evidence favorable to the moving party that the jury is not required to believe. Therefore, on these facts, the district court improperly granted the blogger's motion, and the ruling should be set aside.
Explanation:
Answer choice A is incorrect because it states the incorrect standard to be applied when reviewing a judgment as a matter of law. Appellate review of legal rulings is de novo. The appeals court will use the trial court's record, but it reviews the evidence and law without deference to the trial court's rulings.
Answer choice B is incorrect because the mayor met this burden by testifying that the publication was false. The credibility of this testimony must be assessed by the jury.
Answer choice C is incorrect because a motion for judgment as a matter of law may be made at any time before the case is submitted to the jury.
Controversy surrounding the Affordable Care Act is an example of the friction inherent in___.
a.confederal systems.
b.unitary systems.
c.federalism.
d.cooperative
The controversy surrounding the Affordable Care Act is an example of the friction inherent in federalism.
What is federalism?
Federalism is a combination and compound form of governance that divides the authorities between a general administration (the central or "federal") and regional governments (provincial, state, cantonal, territorial, or other sub-unit governments) within a single political system. In the unions of states under the Old Swiss Confederacy, federalism as it is known now was first practiced. Federalism is distinct from both devolution within a unitary state, in which the regional level of government is subservient to the general level, and confederalism, in which the general level of government is subordinate to the regional level.
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what was the number one fear the founding fathers had when planning our new government?
A powerful national government was feared by many of the founding fathers when planning our new government.
A list of rights that would be protected by the government was important because they were concerned that a strong national government may violate citizens' rights.
The Founders were terrified of concentrated political power. They held that the only way liberty could survive man's innate propensity to impose his preferences on other men was by limiting government. In essence, they had to choose between listing what the federal government could do and listing what it could not do. On issues like slavery and how to equalize power, many of them had divergent views. Maintaining the same degree of power throughout the government and pleasing the states was their second major challenge.
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Information is considered discoverable when it can lead to evidence admissible during a trial?
a. Spoilation of Evidence
b. Scope of Discovery
c. Discovery
d. Motions
Discovery information is considered discoverable when it can lead to evidence admissible during a trial
What is Admissible evidence?
Any testimonial, documentary, or physical evidence that can be presented to a factfinder—typically a judge or jury—to support or bolster a claim made by a party to the action is admissible evidence in a court of law. Evidence must be both relevant and "not precluded by the rules of evidence", which generally means that it cannot be unfairly prejudiced and must have certain reliability indicators, in order to be considered admissible. The general rule of evidence is that all relevant evidence is admissible and all irrelevant evidence is inadmissible; however, in some nations (such as the United States and, to some extent, Australia), the prosecution is prohibited from using evidence obtained in violation of constitutional law, making relevant evidence inadmissible.
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a decision on a question of state law is final when:_____.
The certification of questions of law procedure can provide federal courts with clear and definitive answers, promote uniformity, prevent forum shopping, and guarantee that state high courts have the final say on state law.
In which court is the decision of the court always final?The court of appeals' decision often serves as the final word in the matter, unless it remands the case to the trial court for further proceedings or the parties petition the U.S. Supreme Court to take the case. The court's ruling is the final determination on the matter. Should the defendant be found guilty, they are free to appeal the matter to the district court.
When can a final judgment becomes final?When the appeals time has passed, the sentence has been completed in full or in part, or the defendant has expressly waived his right to appeal in writing, the judgement in a criminal matter is considered final.
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Explain how U.S. citizens established the "public peace.".
Answer:
They Follow laws
Explanation:
The US citzenda follow laws
An example of an asset is everfi
An example of an asset, are a car, money, and time. Where and when you work is entirely up to you.
What is the definition of an asset?
A resource having economic worth that a person, business, or nation possesses or controls with the hope that it would someday be useful is referred to as an asset.
The balance sheet of a business lists assets. They're classified as current, fixed, financial, and intangible. They are acquired or produced in order to raise a company's value or improve the operations of the company.
Whether it's manufacturing equipment or a patent, an asset can be viewed of as anything that, in the future, can generate cash flow, lower expenses, or increase sales.
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Correct question:
What is an example of an Everfi asset, in the same vein?
he plaintiff sued the defendant in a contract dispute. at trial, the plaintiff's sister testifies as a witness on behalf of the plaintiff, stating that the defendant agreed to sell a computer to the plaintiff for $250. to prove that the sister is telling the truth, plaintiff's counsel asks the sister on direct examination about a conversation she had with her mother, in which she told her mother that the defendant agreed to sell a computer to the plaintiff for $250. the defendant objects to the testimony. how should the court rule?
The testimony cannot be used. A witness cannot support their testimony until after they have been impeached, according to a party. As a result, (D) is accurate.
The sister's prior statement, which is consistent with her evidence in court, is being used here by the plaintiff's attorney to show that she is being truthful. Due to the fact that the sister has not been impeached, the testimony is not admissible in this case.
(A) is untrue. A past, consistent statement may be used to disprove allegations that a witness is lying out of bias or to restore the credibility of a witness whose reliability has been questioned on unrelated, non-character grounds. Since the sister's credibility has not been questioned in this instance, there is no justification for enhancing it.
(B) is incorrect. Although the comment wouldn't be considered hearsay if it weren't being used to support the witness's credibility, it is nonetheless inadmissible because it was illegally supplied.
(C) is untrue. There is no evidence that the plaintiff's attorney used any deceptive tactics. Furthermore, a direct examination may occasionally allow leading questions (e.g., when the witness is hostile).
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in his theory of absolute advantage, adam smith advocated that __________ should determine what a country imports and what it exports.
In his theory of absolute advantage, Adam smith advocated that the market mechanism should determine what a country imports and what it exports.
The theory of absolute advantage explains the economic concept that is used to refer to a party's superior production capability. The theory can help the countries to maximize their production efficiency and profit, availability of natural resources and geographical stability required for a business can act as a catalyst in the growth of a company. The theory can help in controlling excessive imports and increasing exports of products through mass productivity with minimal effort. The market mechanics, the microstructure, and the dynamics of order book/order flow inside exchanges can further help to study the need and requirement of the market and increasing the production in accordance with the stats.
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What 5 global companies have the highest number of employees?
The following list of five multinational corporations with the highest employee to revenue ratios includes:
$576 billion Walmart (WMT).Amazon (AMZN) is worth $486 billion.$443 billion Petro China (PTR).$394 billion Saudi Aramco (2222.SR).$388 billion is the value of Apple Inc.With nearly four million employees combined, Walmart and Amazon lead the retail industry as the largest employers worldwide. Statista reports that recent information has shown that the defense industry employs the most people globally.
With over 39% of the estimated total number of workers, the manufacturing industry is the largest employer, followed by the education sector with 22%. The majority of Indian workers are employed in the primary sector. The agricultural industry makes up the majority of the primary sector.
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A plaintiff bringing an intentional infliction of emotional distress lawsuit must prove the defendant's action. (True or False)
True, a plaintiff bringing an intentional infliction of emotional distress lawsuit must prove the defendant's action.
In order to successfully bring a lawsuit for intentional infliction of emotional distress, the plaintiff must prove that the defendant's actions were extreme and outrageous, that the actions caused the plaintiff's emotional distress, and that the emotional distress was severe. Without proving these elements, the plaintiff's lawsuit will not be successful.
To successfully bring anointment onal infliction of emotional distress lawsuit, a plaintiff must generally prove that the defendant's actions were extreme and outrageous, and that they caused the plaintiff severe emotional distress. The plaintiff must also show that the defendant intended to cause emotional distress or recklessly disregarded the high True.
To successfully bring an intentional infliction of emotional distress lawsuit, a plaintiff must generally prove that the defendant's actions were extreme and outrageous, and that they caused the plaintiff severe emotional distress. The plaintiff must also show that the defendant intended to cause emotional distress or recklessly disregarded the high probability that their actions would cause such distress. In other words, the plaintiff must show that the defendant's action was intentional, and that it resulted in emotional distress for the plaintiff.
that their actions would cause such distress. In other words, the plaintiff must show that the defendant's action was intentional, and that it resulted in emotional distress for the plaintiff.
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what type of verdict allows a judge to find for the defendant immediately after the plaintiff has presented his or her case?
Directed verdict allows a judge to find for the defendant immediately after the plaintiff has presented his or her case.
Directed verdict is a order by the court or jury because the facts proven are undisputable, or the plaintiff failed to produce relevant evidences. The test applied for a direct verdict includes based on whether or not there is any evidence either direct or indirect, upon which a jury, properly instructed, could reasonably convict. When the jury leaves the courtroom, the defendant's lawyer in a civil case has the option of making a motion for a directed verdict, arguing that his or her client's liability has not been proven by a preponderance of the evidence. Directed verdicts are not very common in use.
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this amendment abolished slavery within the united states, or any place subject to their jurisdiction. what is that amendment ?
Slavery was abolished by the 13th amendment in the United States, or any place subject to their jurisdiction.
This Amendment was ratified by three-fourths of the number of states in the US on 6 December 1865 and passed by the Congress on 31 January 1865. It also prohibits the practice such as involuntary servitude and peonage which means that when a person is forced to work in order to clear his debts.
It was the first amendment to the US constitution at the time of reconstruction and passed in a period when civil war ended, and Abraham Lincoln was the President at that time.
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What is the use of government regulations to limit the import of goods and services?
Trade protectionism may be described as the use of government regulations for putting a limit on the import of products that include goods and/or services at the same time.
The concept of trade protectionism can be referred to or considered as a concept wherein the individuals and business organizations take the benefits of the government regulations, which restrict them from importing the number of goods and services from outer countries, thereby giving a boost to the sales of the domestic trade channels.
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Where do I find excess Social Security and Tier 1 Rrta tax withheld?
Excess Social Security and Tier 1 Railroad Retirement Tax Act (RRTA) tax withheld can be found on your Form W-2. It is listed in box 4 (Social Security wages) and box 16 (RRTA compensation).
On your tax return, you can claim a refund of the excess Social Security and Tier 1 RRTA taxes withheld by entering the amount on line 71 of Form 1040 or line 44 of Form 1040A.
You may also be able to claim a refund of excess Social Security and Tier 1 RRTA taxes withheld if you had more than one job in the same year and the combined wages were more than the Social Security wage base. In that case, you will need to use Form 843 to claim the refund.
If you are filing a joint return, you may also be able to claim a refund of excess Social Security and Tier 1 RRTA taxes withheld for your spouse, as long as you both had jobs in the same year and the combined wages were more than the Social Security wage base. In that case, you will need to use Form 843 to claim the refund.
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Who was the designated survivor for the State of the Union?
For the 2021 State of the Union, the designated survivor was Secretary of Transportation Pete Buttigieg.
The designated survivor is a member of the president’s cabinet who is not in attendance at the State of the Union address in order to ensure continuity of government in the event of a catastrophic event.
The designated survivor is typically chosen from a member of the president's cabinet who is not affiliated with the president's political party. The designated survivor is taken to an undisclosed location, where they remain until the end of the address.
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Under what circumstances will a judge grant a motion for a new trial?
a. When the attorneys did not ask enough questions of witnesses.
b. When the jury clearly misapplied the law or misunderstood the evidence.
c. When the jury did not ask enough questions during the trial.
When the jury clearly misapplied the law or misunderstood the evidence than a judge grants a motion for a new trial.
What is the jury?
An impartial decision (a finding of fact on a subject that has been formally presented to them by a court) can be made by a jury, which is a group of persons (jurors) who have been sworn to secrecy. They may also decide to impose a fine or judgment.
In England, juries emerged throughout the Middle Ages and are a distinctive feature of the common law system. The United Kingdom, the United States, Canada, Ireland, Australia, and other nations whose legal systems were influenced by the British Empire, as a result, employ them. However, most other nations follow either European civil law or Islamic sharia law, both of which rarely employ juries.
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this document suggested the legislative branch have a house of representatives and a senate. what is this document?
The Connecticut compromise suggested the legislative branch have a house of representatives and a senate.
The congress of United States is bicameral in nature and the Connecticut compromise introduced the system of dual government. The compromise provided for a bicameral legislature is a legislative body with two houses, with representation in the House of Representatives according to population and in the Senate by equal numbers for each state. The upper house would have equal representation from each state, while the lower house would have proportional representation on the basis of population of the state.
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Which of the following standards of proof is more than a gut feeling and legally permits a law enforcement officer to stop and frisk a suspect?a. rebuttable presumption
b. reasonable suspicion
c. conclusive presumption
d. mere suspicion
The standard of proof that is more than a gut feeling and legally permits a law enforcement officer to stop and frisk a suspect is "reasonable suspicion".
Reasonable suspicion is a legal requirement that authorises law enforcement authorities to detain and investigate a person for a short period of time if they have specific and articulable evidence that indicate the person may be involved in criminal conduct. A reasonable suspicion requirement is lower than probable cause, which is necessary for a full arrest or search. An officer must have more than a hunch or a subjective emotion to reach the bar of reasonable suspicion, but less than the degree of proof required for probable cause. The particular facts that give rise to reasonable suspicion can vary based on the circumstances of each individual case.
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A drawback in the use of patents to protect inventors’ rights is that they
a. confer a legal monopoly for a fixed number of years.
b. raise the price that the public pays for the products of patent holders during the time they are held.
c. a and b.
d. none of the above
Give the people a temporary legal monopoly and raise the price that they pay for the inventors' products while the patent is in force.
What is a Legal Monopoly?
A patent erects a barrier to entry and forbids any other business from producing the patented good during the patent's term. As a result, the owner of the patent is granted monopoly status and is able to increase the price of the patented items. A legal monopoly is a company that has been given monopoly status by the government. A company with a legal monopoly sets a fixed price for a particular good or service. It may be either privately run and governed by the government, or both privately run and governed by the government.
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Name some areas where an officers personal traumas can be an asset to a department
Empathy and understanding are the areas that an officers trauma would be an asset to the department
Name some areas where an officers personal traumas can be an asset to a departmentAn officer's personal trauma can be an asset to a department in several ways:
Empathy and understanding: If an officer has experienced trauma themselves, they may be better able to understand and relate to victims of trauma in their work.
Communication skills: Personal trauma can also improve an officer's ability to communicate with people who have experienced similar traumatic events.
Problem-solving skills: Officers who have faced personal trauma may have developed creative and innovative coping mechanisms that they can apply in their work.
Resilience: Officers who have faced personal trauma and have overcome it may be better equipped to handle difficult situations in their work.
Cultural sensitivity: If an officer's personal trauma is related to a particular community, they may have a deeper understanding of that community's culture, history, and experiences, which can enhance their ability to work effectively with that group.
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what governing system allows the central government to alter or abolish subgovernments?
Subgovernments may be changed or eliminated under a unitary system of government. In a unitary system, either the central government is the only unit of government or the sub-units are.
It's common to refer to a unitary government as a centralized one. One centralized organization controls all of the government's authority. Local units of governance are established by the national (central) government for convenience.
Either there is just one level of government under the unitary system, or the sub-units are subject to the central authority. Orders can be delivered to the provincial or local government from the federal government. The federal government, however, is unable to impose orders on the state governments.
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why can senators use senatorial courtesy ?
Senators can use senatorial courtesy as a way to influence the nomination and confirmation process for federal judges and other presidential appointments.
This practice allows senators to give their approval or disapproval of a nominee before the nomination is officially made. If a senator from the same party as the president disapproves of a nominee from their home state, it is considered a "courtesy" for the president to withdraw the nomination. This practice helps to ensure that the nominees are acceptable to the senators from the state in which they will serve. However, it can also lead to delays and obstruction in the confirmation process.
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