Below is an hypothetical case and a judicial opinion on the case:
Hypothetical Case
Odi Limited are dealers in drinks. Mr. John, a seller of drinks, bought 5 cartoons of drinks from Odi Limited. Out of his unquenching taste, he drank one. After drinking half the bottle, he discovered substances looking like a decomposed fly on the drink. Two days later, Mr. John fell sick and he was diagnosed of food poisoning. He is furious and no want to take an action. Advice Mr. John.
What is a Judicial Opinion?Legal or Judicial opinions are written judgements made by judges outlining their reasons and how they handled a specific legal issue.
Below is a judicial opinion to the crafted hypothetical case:
It is trite principle of law that individuals hold duty of care according to a reasonable mans standard while performing acts. In the case of Donoghue v Stevenson, the rule that you are to love your neighbor was expunged by the house of lords.
Furthermore, in the case of Donoghue v Stevenson, Lord Atkin, established that manufacturers owe a duty to the consumers who they intend to use their product.
Hence, in the hypothetical case under consideration, Odi Limited hold a duty of carry to their customers. This includes Mr. John, who though a seller of drinks, found substances in the drink.
Hence, based on the equitable maxim "where there is wrong, there is a remedy", Odi Limited are liable to pay damages to Mr. John.
Learn more about Judicial Opinion here: https://brainly.com/question/15267678
#SPJ1
Which instance of political expression would be considered symbolic speech brainly.
'A demonstrator chanting anticorporate slogans outside a company's headquarters' instance of political expression would be considered symbolic speech.
Showing slogan is the symbol through which expressions are getting the speech delivered. In elections many political parties use symbols and chant slogans to express their opinions and people demand, they are going to fulfil.
Symbolic speech includes wordless, nonwritten ways of communicating such as burning flags, wearing armbands, as well as destroying draught cards.
The question is incomplete, here attaching the question:
Which instance of political expression would be considered symbolic speech?
A. A candidate for Congress giving an interview to the media.
B. A local citizen speaking up at a town hall meeting
C. A demonstrator chanting anticorporate slogans outside a
company's headquarters
D. A student wearing all black to call attention to a political issue
To learn about Symbolic speech
https://brainly.com/question/2836056
#SPJ4
Which justices voted for the majority in Miranda v Arizona?
Chief Justice Earl Warren was the one that voted for the majority in Miranda v Arizona
What was the Miranda v Arizona case?
Miranda was given a 20–30 year prison term on each count after being convicted guilty of kidnapping. The Arizona Supreme Court ruled that Miranda's constitutional rights were not violated in getting the confession in response to an appeal.
Arizona (1966) (1966) The Supreme Court held in Miranda v. Arizona (1966) that imprisoned criminal suspects must be notified of their constitutional rights to an attorney and against self-incrimination prior to police questioning.
Read more on the Miranda V Arizona case https://brainly.com/question/1307890
#SPJ1
what is the most important factor in deciding whether to prosecute? a. the prosecutor's belief in the defendant's guilt b. the reliability of victims c. whether sufficient evidence exists to gain a conviction d. whether or not the victim is willing to cooperate
The most important factor in deciding whether to prosecute is if there is sufficient evidence for conviction.
In a criminal trial, the prosecution is the party legally tasked with making its case against the defendant who is alleged to have broken the law. The prosecutor typically defends the state or the federal government in the case brought against the defendant.
Through its National Survey of Prosecutors, BJS has sponsored periodic national surveys or censuses of prosecutor offices since 1990. This program compiles information on the assets, guidelines, and procedures of state court systems' prosecution divisions.
Learn more about prosecute here:
https://brainly.com/question/27415132
#SPJ4
Free hugs video What did you like about the verbal and non-verbal messages you saw and heard?
Answer:
What I liked about the verbal and nonverbal messages I saw in this video, First I absolutely lovedthe song. I have liked the Sick Puppies for a while and I thought the song was beautiful, and it gives the message that some times all someone needs is a hug. As Juan Mann stands in the street many people walk by him laughing and staring at him, then someone comes and hugs him. After I watched the video I looked up the lyrics of the some and read the information from the free hugs campaign website.
some courts, depending on the jurisdiction, will occasionally reform a covenant not to compete. in other words, if the restraints (time restrictions, territory restrictions, scope of activity restrictions) are found to be unreasonably broad, the court may convert the terms into reasonable ones and then enforce the reformed covenant. do you believe a court should reform and then enforce (as reformed) an unreasonably broad covenant? why or why not? do illinois courts reform and enforce unreasonably broad covenants? explain.
Because it can be challenging to establish verbal agreements between two or more parties, a court should only enforce written contracts and covenants. This will speed up the legal process.
A court should reform laws before enforcing them, as occasionally new laws need to be tested in the open before becoming universally binding. For instance, the national anthem should be played in all theaters before a film that has received mixed reviews, as the Supreme Court of India ordered. It would have been better for society as a whole if something similar had been tried out for a while prior to implementing this reform.Rectrictive covenants shouldn't be upheld because they tend to become obsolete or expire over time. A reasonable restrictive covenant should not be enforced unnecessarily because it was applicable in theaters in the 1960s as well and eventually disappeared once multiplexes arrived.Learn more about Covenants, here
https://brainly.com/question/20989064
#SPJ4
If you want to work at a delivery company driving a vehicle in texas, how old do you need to be to obtain a cdl?.
If you want to work at a delivery company driving a vehicle in texas, you need to be 18 or up to obtain a commercial driving licence.
A CDL is really a professional licence that permits the bearer to operate large buses and commercial vehicles on Texas's and the nation's public roads. With this licence, you can show that you've undergone the necessary training and testing to handle large commercial motor vehicles safely. If you're enrolled full-time or almost so, Texas CDL training normally lasts around four and eight weeks. The process will take longer if you are pursuing part-time CDL training while concurrently operating for a trucking company (for example, as a dockworker).
To know more about Texas:
brainly.com/question/2836625
#SPJ4
which rule of evidence would an attorney break if he or she were to ask a witness what rumors were being spread about the defendant?
A fact witness's opinions and predictions are admissible in court rule of evidence would an attorney break if he or she were to ask a witness what rumors were being spread about the defendant.
Evidence is defined as something that offers evidence or leads to a conclusion. The suspect's blood at the scene of a criminal offense is an example of proof. The footprints within the house are an example of evidence that someone got here internal.
while you go to court, you may provide records (called “evidence”) to a judge who will decide your case. This proof may also include facts you or someone else tells to the choose (“testimony”) as well as gadgets like email and text messages, documents, snap shots, and objects (“exhibits”).
Learn more about evidence here:https://brainly.com/question/1256677
#SPJ4
A is walking to his car in a parking garage. It is late at night and the garage is nearly empty. B approaches A. B is walking quickly toward A and yelling for A to stop. B reaches into his jacket and A sees what he believes to be a firearm. A draws his own firearm and shoots and kills B. It is later discovered that B possessed a fake handgun inside his jacket. Can A assert self-defense on these facts? What facts would support or not support such a claim?
Yes, A can assert self-defense. Among the five principles of self-defense, the factor that weighs heavily, in this case, is proportionality.
What is the principle of proportionality?The principle of proportionality indicates that to be eligible for a self-defense claim, the individual bringing the claim must have responded in a manner that is judged proportionate to the threat faced. In this case, the assailant retrieved what seemed to be a fire-arm.
Although it was later found to be a fake one, under such circumstances, it is impossible to rationalize such matters. In order words, it is not reasonable to expect A to have carried out an investigation on B's fire arm before asserting self-defense.
The principle of proportionality further states that a threat of non-lethal violence should not be countered with lethal self-defense. For example, it would be unacceptable to shoot or stab a potential assailant who obviously meant just to slap or shove the person claiming self-defense.
This would not be considered a proportionate reaction. Shoving or slapping the aggressor away, on the other hand, would be considered proportionate, and a claim of self-defense might perhaps be utilized to escape an assault conviction.
As earlier indicated, a cannot be held liable on the basis of reasonable expectation.
Learn more about the principles of self-defense:
https://brainly.com/question/14114226
#SPJ1
How did andrew jackson respond to the supreme court's decision in worcester v. Georgia.
Answer:
Andrew Jackson declined to enforce the Supreme Court's decision, thus allowing states to enact further legislation damaging to the tribes. The U.S. government began forcing the Cherokee off their land in 1838.
Explanation:
jamie buys a new home. under local city law, jamie is prohibited from building a second home on her parcel of land. this prohibition by the city is referred to be the textbook as
The type of bailment frequently influences the level of care required of the bailee. A bailment made solely for the bailee's benefit generally entails a high duty of care.
An ordinary duty of care is established by a bailment for mutual benefit. A small duty of care is created when a bailment is made for the sole benefit of the bailor.
Workers who are unemployed due to no fault of their own and who meet other state UI law eligibility requirements are eligible to receive unemployment benefits through the UI program, which is a partnership between the federal government and the states. The individual UI program is run by each state in accordance with federal regulations.
Learn more about bailment here:
https://brainly.com/question/28187904
#SPJ4
What does F 3d mean in law?.
F3D means the Federal journalist, third series. A civil system of government exists when power is participated between a central, civil body, and lower realities similar as countries.
What's F3D mean?
Federal journalist, third series, which is the journalist containing this opinion. -" 193" is the runner in the journalist where this opinion begins. -" 2d Cir." is the designation for the Second Circuit Court of prayers.
Legal bowdlerizations are generally set up in anything from a book to court documents. Having a common set of bowdlerizations is veritably important because it allows everyone reading a legal document to understand what's being presented in jotting without having to spell out terms that are constantlyutilized.There are three corridor of case citation – Volume, reported designation and runner number. It gives information like the date of the case, what was the opinions of that case, and other information related to the case.
Learn more about the Federal here: https://brainly.com/question/695831
#SPJ4
What does feel obligated to mean?.
Being obligated to feel means feeling grateful. wealthy or we owe someone something because we appreciate what they've done for you
What is Obligated?A proposal becomes a promise if the other party (the person to whom the proposal was made) accepts the proposal. Here, the person who made the proposal is called "Promise", and the person making the proposal is called "Promise".A firm agreement to take action, refrain from action, or make payment or delivery. In law, when parties exchange promises, each promise is a "reward" (an object of value) for the promise of the other. A statement to do or not to do a certain thing. A legally binding statement that entitles an entitled person to expect or demand that certain actions be taken or not takenthus, to be/feel in debted to sb She felt indebted to him for all the help he had given her in her career.
learn more about obligate here
https://brainly.com/question/29315624
#SPJ4
how did the collapse of communism help encourage the process of democratization
The collapse of communism helped encourage the process of democratization because, during the regime of communism, there were a lot of injustices.
Communism's atrocities were not restricted to mass slaughter. Even those who were lucky enough to escape faced tremendous repression, including abuses of freedom, expression, and religion, loss of property rights, and criminalization of everyday economic activities.
What is Communism?Communism is a far-left ideological, philosophical, and economic ideology and is ongoing within the socialist movement with the goal of establishing a communist society, a sociocultural order centered on shared ownership of the means of production, dispersion, and exchange that distributes products to everyone in the society.
Communist societies likewise lack personal land, social classes, money, and the state. Communists frequently advocate voluntary self-government, but they disagree on how to achieve it.
Learn more about Democratization:
https://brainly.com/question/1092276
#SPJ1
Which is the most accurate description of the executive office of the president?groups of advisers who help the chief of staffgroups of advisers who help the presidentgroups of advisers who oversee national securitygroups of advisers who oversee the economy.
The most accurate description of the office of the president is: Groups of advisers who help the president.
There is no president that is an expert in every field. In order to help his decision-making, a president usually relies on the expertise of other members of the office.
A president is a leader of an organization, corporation, network, club, alternate union, university or other institution.[1][2] the connection among a president and a major govt officer varies, relying at the shape of the precise agency. In a similar vein to a main running officer, the title of company president as a separate function (instead of being blended with a "C-suite" designation, consisting of "president and chief executive officer" or "president and chief working officer") is likewise loosely defined; the president is usually the legally recognized maximum rank of corporate officer, rating above the various vice presidents (inclusive of senior vice president and executive vp), but on its personal normally taken into consideration subordinate, in exercise, to the CEO.
Learn more about president here
https://brainly.com/question/2409724
#SPJ4
What was one of the main effects of the Federal Election Campaign Act?.
The Federal Election Campaign Act, passed by Congress in 1971, codified earlier reform initiatives and established stricter disclosure rules for federal candidates, political parties, and political action organizations (PACs).
What were a few of the Federal Election Campaign Act's provisions?The Federal Election Commission was founded by the statute (FEC). Four fundamental changes were made: (1) public funding of the presidential primary and general elections; (2) spending restrictions; (3) disclosure requirements; and (4) an effort to cap the size of contributions.
What was restricted by the Federal Election Campaign Act?In relation to any campaign for nomination for election or election to a federal office, a campaign may not accept more than $100 in cash from a single source.
To know more about Federal Election visit:-
https://brainly.com/question/14326073
#SPJ4
Develop an argument that takes a position on whether the federal government should be primarily responsible for managing environmental policy or if it should be the responsibility of the states.
The federal government should besaddled with the responsibility of managing environmental policy rather than the state.
EPA is an acronym for Environmental
Protection Agency and it is an agency of the federal government which was established by US Congress to oversee the regulation of pollution, environmental clean up, pesticide use, hazardous waste spills, contamination,and environmental compliance by industries and individuals.In the United States of America, EPA is saddled with the responsibility of overseeing all aspects of pollution. Also,it research solutions, develop policies, and enforces regulations through the resource Conservation and Recovery Act.
In conclusion, the federal government should be primarily responsible for managing environmental policy because unlike the state government, it can
generate more revenue to fund its anti-pollution agency and create uniform laws and regulations across the country.
To know more about Environment visit:https://brainly.com/question/27148905
#SPJ4
When did the u. S. Supreme court first use judicial review to overthrow federally-enacted law?.
The U. S. Supreme court first use judicial review to overthrow federally-enacted law in 1803.
The very first Supreme Court case in which the Court asserted its jurisdiction to declare a legislation unconstitutional was Marbury v. Madison, which was decided in 1803. Chief Justice John Marshall concluded his opinion in this case by stating that the Supreme Court's obligation to strike down unconstitutional legislation was an essential outgrowth of their oath of office, which required them to uphold the Constitution in accordance with Article Six of the Constitution.
As of 2014, the US Supreme Court had declared 176 US Congress Acts to be unconstitutional. The Supreme Court has ruled 483 legislation to be wholly or partially unconstitutional between 1960 and 2019.
To know more about Marbury v. Madison:
brainly.com/question/11982017
#SPJ4
Do you think that power is properly divided and shared among national, state, and local governments, or has congress taken on more power than the founders intended? support your answer with facts.
Federalism limits authorities through developing sovereign powers—the national authorities and state governments—thereby restraining the an effect on of each.
Separation of powers imposes internal limits by using dividing government against itself, giving unique branches separate capabilities, and forcing them to proportion power.
The division of energy between the countrywide and state governments is federalism. States have authority inside their barriers at the same time as the countrywide authority extends across all the states.
The separation of Powers in the united states of America is related to the checks and Balances machine. The tests and Balances device provides each department of government with character powers to test the opposite branches and save you any personal branch from turning too powerful.
Learn more about Government here: https://brainly.com/question/18464634
#SPJ4
bill of rights should the government have power to make laws? to enforce laws? to punish lawbreakers?
Answer:
Yes
Explanation:
Because the government has and will use there power for good so if they want to in force something they will try to to
How is Zootopia directly related to our Unit? Provide 4 examples/scenarios using our terms & concepts.
a)
b)
c)
d)
Despite the fact that Zootopia is a family-friendly picture, it subtly teaches young children about how societal concerns exist in the real world today. This video addresses issues such as sexism, racism, and political corruption, as well as discussion on how to combat them.
What Characters in Zootopia and their Stereotypes are?
Zootopia's animal kingdom stereotypes establish divisions between usually predatory and prey species, as well as between diverse mammals. Rabbits are regarded as being mainly employed as carrot farmers, whereas foxes are characterized as being untrustworthy and cunning.
In the film Zootopia, Nick Wilde is drowning in stereotypes since he is a fox, which is renowned for being a nasty predator, aggressive, and clever. Although Nick is a cunning, cunning fox, he has a tender side that he never shows. He always covers his emotions because he is meant to be sly and deceitful as a fox.
Learn more about Societal Concerns:
https://brainly.com/question/5105464
#SPJ1
Discuss the use of GPS-enhanced electronic monitoring for probationers and parolees.
More than 4.5 million people in the United States are on probation or parole. This is approximately double the number of individuals who are now incarcerated.
GPS tracking is the way of the future in probation and parolees monitoring. It aids in the fight against overpopulation and reduces facility expenditures. Here are seven elements to consider when it comes to GPS probation monitoring's worldwide and local success.
Who are probationers?A probationer is someone who has been convicted of a crime but is out on probation rather than in jail. A probationer is someone who is still undergoing work training and is on trial.
Parole is a type of early release for a prisoner in which the prisoner agrees to specific behavioral requirements, such as checking in with their assigned parole officers, or else they would be rearrested and sent to jail.
Learn more about Parolees:
https://brainly.com/question/14462840
#SPJ1
Artist marvin gaye wrote a song entitled gotta give it up. This song is an example of _____________ property.
In what way did george washington and franklin d. Roosevelt differ in their approaches to presidential term limits? how were those beliefs reflected in their presidencies? with which of these two men would president reagan have agreed?.
When contrasting and comparing, it would be taken into account that George Washington did not support raising the presidential term limit.
However, Franklin D. Roosevelt took a different approach to things and backed the idea of raising the presidential term limit.Forgiving such an example after George Washington's presidency, when he voluntarily decided against running for a third term. Franklin D. Roosevelt, however, even then sought and was granted a fourth term as president.Because of this, it's possible that President Reagan, who served only a second term, was more in agreement with Franklin D. Roosevelt than George H. W. Bush, who would succeed him.Take George Washington for example; he opposed raising the presidential term limit. However, Franklin D. Roosevelt took a different tack and backed the notion of raising the presidential term limit.George Washington, for instance, consciously chose not to run for a third term during his administration. Franklin D. Roosevelt, however, even sought and was granted a fourth term as president.Reagan, who served only one additional term and appointed George H. W. Bush to succeed him, may have agreed more with Roosevelt.Learn more about Franklin D. Roosevelt, here
https://brainly.com/question/25902541
#SPJ4
in the context of life and death decisions, there is a distinction between killing and letting die. which of the following is classified as letting die?
Removing a patient from life support.
There is a moral difference between murdering and letting die in non-consequentialist ethical theory. Letting someone die entails withholding care, as opposed to killing.
There is a moral difference between euthanasia and letting someone die in the context of medical ethics.
It is reasonable to assume that when an agent kills, she accepts responsibility; yet, when an agent permits a death, she does not.
The moral difference between killing and letting someone die is found there. However, when an agent is already in charge of the surrounding circumstances, the distinction is lost.
According to Winston Nesbitt, he has demonstrated that, in all cases, killing someone is worse than letting them die. However, this conclusion is false.
Nesbitt is right when he says that sometimes killing is worse than letting someone die, but this isn't always the case.
To know more about euthanasia, visit:
https://brainly.com/question/3378948
#SPJ4
When an elected official engages in illegal or unethical acts, what is the impact on the democratic process?.
When an elected official engages in illegal or unethical acts citizens are less likely to vote or participate in civic duties.
About Civic duties
Civic duties ensure that the democratic principles contained in the Constitution as well as the Bill of Rights are upheld. "Responsibilities" encompass both optional choices and activities that are required by law.
Civic responsibilities in the US include things like filing taxes, attending class, and serving on juries if needed. Voting is viewed as a civic obligation even if it is important but not compulsory.
Civic responsibility can be exemplified through volunteering, taking part in politics, supporting causes, participating in nonpartisan activities, complying by state laws, or just being a good neighbour. To further social good, we must continue to collaborate with our organisations. If we want to benefit from a developed society, we must all agree to contribute our fair share.
To know more about unethical acts:
brainly.com/question/14883392
#SPJ4
What aspects of the 1st amendment could be argued in the software industry favor.
Guarantee of free speech and limits on prior restraint can be used as arguments in favour of Software industry from 1st Amendment.
About 1st Amendment
1st Amendment (Amendment I) of the US Constitution forbids the government from enacting laws that restrict the freedom of religious expression, regulate the establishment of religion, or restrict speech, the press, assembly rights, or even the rights to petition government for redressing of complaints. It became one of the 10 amendments that make up the Bill of Rights on December 15, 1791.
To appease Anti-Federalist resistance to the Constitution's ratification, a Bill of Rights has been proposed. Many of the First Amendment's clauses were initially read more strictly than they are now since it initially only applied to laws passed by Congress.
To know more about free speech:
brainly.com/question/9263714
#SPJ4
Question 2 of 20
What impact does interest have on the cost of the purchases you make when
using credit?
A. Interest has no impact because most credit cards do not charge
interest.
B. Interest can cause the overall cost of your purchases to increase.
C. Interest can cause the overall cost of your purchases to decrease.
OD. Interest has no impact because it is separate from the actual
purchase prices.
Option B is correct. The impact that the interest have on the cost of the purchases you make when using the credit is that the interest can cause the overall cost of your purchases to increase.
The meaning of interest
Interest is the fee paid for having the access to the borrowed funds. While the interest rate used to compute the interest is often reported as an annual percentage rate, the interest expense or revenue is sometimes expressed as a dollar figure (APR). Interest is the payment a lender or a financial institution makes in exchange for lending out money.
To know more about Interest:
brainly.com/question/13324776
#SPJ1
A _________ is a legal agreement between two or more people and is the least common form of business.
A partnership is a legal agreement between two or more people and is the least common form of business.
A formal agreement between two or more parties to run a business and split the profits is called a partnership.
Partnership arrangements come in many different forms. One type of business where partners may have minimal liability is a partnership where all participants share profits and liabilities equally. Additionally, there is the so-called "silent partner," when one party does not participate in the day-to-day management of the company.
An agreement between two or more people to manage a business' operations and divide its assets and liabilities is known as a partnership.
All partners in a general partnership corporation split the company's assets and debts equally.
Lawyers and other professionals frequently create limited liability partnerships.
Comparing a partnership to a corporation, there may be tax advantages.
To learn more about partnership- https://brainly.com/question/17083513
appellate jurisdiction
the authority of a given court to review cases that have already been tried in lower courts and are appealed to it by the losing party; such a court is called an appeals court or appellate court
Appellate jurisdiction is the authority of a given court to review cases that have already been tried in lower courts and are appealed to it by the losing party; such a court is called an appeals court or appellate court
A court's ability to hear and rule on appeals from decisions made by lower courts is known as appellate jurisdiction. In the federal judicial system of the United States, decisions made by the circuit courts can only be appealed to the U.S. Supreme Court, whereas cases initially determined in the district courts can be appealed only to the circuit courts of appeals.
The American judicial system's appellate courts, also referred to as the court of appeals, are in charge of hearing and examining appeals from cases that have already been heard at the trial-level or in another lower court.
To know more about appellate jurisdiction click here
brainly.com/question/8849005
#SPJ4
Erica is putting together a Venn diagram comparing public security agencies and private security companies. Which of the following could Erica place in
the center of the diagram as a similarity?
A.
B.
C.
D.
They focus on the welfare and protection of the general public
They provide protection and enhance safety
They take a Hippocratic oath and pledge
They offer services that are funded through taxes
Erica should place their respective roles regarding the protection and enhancing safety in the middle of the diagram as a similarity. Therefore, Option (B) is the appropriate response.
What is a Venn diagram?John Venn popularized the Venn diagram in the 1880s, which is a type of diagram that displays the logical relationship between sets.
The illustrations are used in probability, logic, statistics, linguistics, and computer science to demonstrate basic set relationships and to teach rudimentary set theory.
Hence, option (B) is the accurate answer to this question.
Learn more about the Venn diagram, from:
brainly.com/question/14344003
#SPJ1
