If the federal and state governments have concurrent authority and the federal government decides to regulate that area exclusively, under the doctrine of federal preemption, the state law is unconstitutional.
What is federal preemption?Due to federal preemption, federal law always prevails where two laws disagree. Constitution. In relation to the civil justice system, the concept of preemption relates to the premise that lawsuits based on state law claims of negligence or failure to warn are prohibited by federal law.
The "supreme law of the land" is defined by the Constitution as being a federal law, which indicates that if it is federal law, no other state or local law can supersede it. The same is true of how regional and national laws interact with one another. Local legislation must be superseded by state law.
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Suppose john gets arrested in the cougareat for getting a refill on his drink, even though there are no signs that say free refills are not allowed. What aspect of the rule of law does this violate?.
It voilates publicity rule of law
The right of publicity prohibits the unpermitted commercial exploitation of a person's name, likeness, or other easily recognizable characteristics. It grants a person the only authority to provide a license for the use of their name in commercial marketing. The right to publicity is mainly protected by state common or statutory law in the United States. A right to publicity has only been formally recognized by around half of the states. In several states, the legislation against unfair competition safeguards the right to publicity. The right to publicity is supported by legal actions for misappropriation of property or for falsely representing that someone produced or endorsed a product. Check out Unfair competition.
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II. Does excessive force have the same meaning as deadly force? Explain.
Excessive force and deadly force do not have the same meaning as excessive force is used necessarily by the authority to control some certain situations while deadly force is used unnecessarily to harm people.
Excessive force is used necessarily when specific situations slip out of control and needs to be controlled immediately for the welfare of the common public to restore peace. On the other hand deadly force is the unnecessary use of power by the authority to impose power on common public and to harm them to justify authority. For example using violence on protestants in peaceful protest is use of deadly force.
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The 30-day letter gives the taxpayer the opportunity to pay the proposed tax adjustment or file a petition in the u. S. District court to hear the case. True or false?.
False. The 30-day letter does not give the taxpayer the opportunity to pay the proposed tax adjustment or file a petition in U. S. District court to hear the case.
What is the proposed tax adjustment?A letter from the IRS or the state board of revenue will typically refer to a proposed individual income tax assessment, which means that based on the evidence at hand, the relevant tax authority believes the taxpayer has not paid the correct amount of tax and is assessing a new amount, which may include penalties and interest.
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Is it technically cheating if you use these answers for yourself?
if you copy like see it before thinking of it then yes
if not then no
Question:
Is it technically cheating if you use these answers for yourself?
Answer:
The answer to your question would actually be yes, and no.
Explanation:
If you would state it word for word that would be cheating because your just copying someone else's work that would be called plagiarism, but if you only used it as a resource and changed it into your own words it wouldn't be considered cheating.
I hope it helps you!
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1. Abortion Critical Thinking
Are there any situations in which abortion should be declared illegal or be severely restricted?
Answer:
yes
Explanation:
In the first place the bible says how much more God values life
so we humans should respect the decision God made which is :you must not kill and unborn child.
in some situation a woman might have been operated up to five times when giving birth
and she has to stop making babies in other not to loose her life.
but in some circumstances a woman might get pregnant again after series of operation during child birth the only option is to abort the baby
in other not to go against Gods law she should use a protection or dental dam during sex so that she doesn't risk her life
Which historic court case determined that the necessary and proper clause gave congress the implied power to enact legislation necessary to carry out the powers granted to them?.
McCulloch v. Maryland is the high court case.
The court ruled that states lacked the power to levy taxes the federal government and that the federal possessed the power and authority to establish a federal bank. The Federal Government won the case, and Marshall came to the conclusion that "the power to tax implies the right to destroy."
The Court ruled unanimously that Maryland also couldn't charge national government tools used to carry out its constitutional duties and that Congress seemed to have the authority to establish the bank.
This decision established that the Constitution's intended goal of creating a powerful national government was achieved and that state cannot interfere with the authority vested in the federal government.
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Discussion Questions: How does current administration's immigration policy impact
economic, security, and humanitarian policy? How was it treated prior to 9/11? Due to the
current policy, what are the challenges that the United States has regarding securing both
the US/Canada and US/Mexico borders? Do you believe the U.S. policy treats illegal
migrants with dignity? How has the COVID pandemic impacted this policy? (LO1.1 & LO1.2)
1. The current administration's immigration policy has impacted the federal government's economic, security, and humanitarian policy by reinforcing national security while failing to marry the economic and humanitarian disasters and benefits of immigration.
2. Before 9/11, immigration was regarded as a humanitarian way of national openness and was never a security concern.
3. The current immigration policy has mandated the United States to create the Department of Home Security, charged with ensuring safe land borders with Canada and Mexico.
4. Following the creation of the Department of Home Security, the dignity accorded to migrants, whether legal or illegal, has been completely lost on the altar of physical and economic security.
5. The COVID pandemic worsened the U.S. immigration policy because it imposed outright border closures. As a result, the closures brought untold hardships to migrants, who were left stranded at the Canada and Mexico borders with humanitarian catastrophes.
What is immigration?Immigration is the international movement of people who leave their countries of origin to reside in another country or become citizens.
Many reasons for immigration include:
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Opinions about Gun Control Tightening.
Answer: Safe but non-safe at the same time -v-
Explanation: On June 23, the Supreme Court of the United States handed down its decision in New York State Rifle and Pistol Association v. Bruen, overturning a New York gun safety law. The Court ruled that New York's law requiring a license to carry concealed weapons in public places is unconstitutional.Jul 12, 2022
Which federal statute forbids a registered accounting firm from providing specific nonaudit services to an audit client?.
THE SARBANES-OXLEY ACT forbids a registered accounting firm from providing specific non-audit services to an audit client.
What is the SARBANES-OXLEY ACT?A federal law from the United States enacted in 2002 called the Sarbanes-Oxley Act requires firms to follow specific procedures for maintaining financial records and reporting. The rule was implemented in response to many significant business and accounting scandals, notably Enron and WorldCom. The bill's provisions address the duties of the board of directors of public corporations, impose criminal penalties for specific types of wrongdoing, and call on the Securities and Exchange Commission to establish regulations outlining public businesses' legal obligations. The Act's provisions, such as the wilful destruction of evidence to obstruct a government investigation, also apply to privately held businesses.
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Which of the following may private club not do
What u. S. Federal law was enacted as a result of the enron and mci/worldcom accounting scandals that helps protect investors by making corporate disclosures, accounting and auditing more reliable and accurate?.
The Sarbanes-Oxley Act (or SOX Act) is the U.S Federal law was enacted as a result of the Enron and mci/WorldCom accounting scandals that helps protect investors by making corporate disclosures, accounting and auditing more reliable and accurate.
The Sarbanes-Oxley Act (SOX) was signed into law by President Bush on July 30, 2002, in response to the 2001 accounting scandals at Enron and WorldCom.
SOX, named after its sponsors, Senator Paul Sarbanes and Representative Michael Oxley, has four titles that regulate the financial disclosures of public companies and the accounting practices of publicly traded companies and their auditors, in addition to creating specific penalties for committing accounting fraud against shareholders.
The legislation strengthened criminal penalties for fraudulent financial reporting and provided for shareholder lawsuits against executives who commit fraud or violate federal securities laws.
The purpose of the act: The U.S. Federal law that became known as Sarbanes-Oxley resulted from the Enron and WorldCom accounting scandals that occurred in 2000 and 2002 respectively.
The act is made up of eleven sections of law and created new securities legislation with a focus on accuracy, reliability, and transparency within corporations' financial reports.
It also places more responsibility on corporations' auditors to make sure they are meeting their obligations.
Section 302 – Criminal penalties: Section 302 criminalizes acts such as insider trading and securities fraud.With respect to securities fraud, this section provides for a prison sentence of up to 10 years for willfully destroying records, altering documents, and making false statements in any matter within the jurisdiction of an agency of the United States or in any case filed under section 78y.
In connection with that prohibition, Section 302 also prohibits those individuals who are not directors but do manage a company's books and records from falsely certifying those documents.
Section 802 – Corporate Responsibility for Financial Reports:SEC. 802. ENFORCEMENT OF CORPORATE RESPONSIBILITY FOR FINANCIAL REPORTS.
(a) Section 13(b)(2) of the Securities Exchange Act of 1934 (15 U.S.C. 78m
(b)(2)) is amended by striking or willfully or recklessly fails to make a reasonable effort to determine whether the issuer is in compliance with any provision of this chapter and inserting fails to comply with any provision of this chapter.
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blank is not required for strict liability crimes
The mens rea element is not required for strict liability crimes.
What is meant by gateway substances? What is one example of a gateway substance? What is wrong with assuming that using a gateway substance causes an increased use of other substances?
A gateway substance is an innocuous substance (alcohol, cigarettes, marijuana) that leads to cocaine/meth use/dependence.
Most individuals who take "gateway" drugs don't get hooked to cocaine/heroin/meth. Instead than "gateway drugs" causing subsequent drug use, they should be seen as an early signal of deviant behavior caused by other risk factors.
This is further explained below.
What is meant by gateway substances?Generally, A gateway substance is a substance that, on its own, is relatively safe (such as alcohol, cigarettes, or marijuana), but that will ultimately lead to the use of stronger drugs, such as cocaine or methamphetamine, and even reliance on those harder substances.
The assumption that the use of gateway substances causes increased use in other substances is problematic for a number of reasons, the most significant of which is that the vast majority of people who do use these so-called "gateway substances" do not go on to become addicted to cocaine, heroin, or methamphetamine.
In conclusion, Instead of seeing "gateway drugs" as the causes of eventual drug use, we should view them as early indicators of fundamentally antisocial conduct that is the outcome of other risk factors.
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What is a document called that is filed with the court to state the position of the plaintiff or the defendant in a lawsuit and ask for relief from the court?.
the Pleading document is filed with the court to state the position of the plaintiff or the defendant in a lawsuit and ask for relief from the court.
What is a pleading document?Pleadings are indeed the authorized legal contracts that plaintiffs must submit to the court in order to begin a case. Frequent aspects of pleadings include assertions of claim and defense. These kinds of documents include specifics regarding your unique claim or defense and the proof backing it. The pleadings should identify the key issues in the case for the court and the other parties. This article explains the function of pleadings and the information they include. The pleadings contain all significant factual accusations that the parties will have to substantiate at trial. Keep in mind that the opposing party's pleadings must contain any truth or information that might surprise the other party or undermine that party's case.
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Roy recently sold his home. Roy agreed to pay several thousand dollars in points to the buyer, and he is wondering if this is tax deductible. Can Roy deduct the money he paid for the points
Since Roy recently sold his home. My response is Yes, Roy can deduct the money he paid for the points.
What Is a Tax Deduction?A tax deduction is known to be any thing or an item a person can be able to subtract from their taxable income to bring low the amount of taxes they owe.
Note that a person can be able to select the standard deduction such as a single deduction at a fixed amount.
Therefore, based on the above, Since Roy recently sold his home. My response is Yes, Roy can deduct the money he paid for the points.
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Roy recently sold his home. Roy agreed to pay several thousand dollars in points to the buyer, and he is wondering if this is tax deductible. Can Roy deduct the money he paid for the points. Yes/No response
How much of congress must approve an amendment to the u. S. Constitution before it is sent to the states?.
congress must approve two-thirds of an amendment to U. S. Constitution before it is sent to the states.
What is a constitutional amendment?The constitution of a state, institution, or another form of the body may be changed through a constitutional amendment. A current constitution's pertinent provisions are typically changed right away. They can, however, also be included in the constitution as further amendments (codicils), changing the way the government is organized without changing the original language.
The majority of constitutions include tighter specific procedures that must be followed before amendments can become law. Supermajorities in the legislature, direct voter approval in a referendum, or even a combination of two or more unusual procedures are examples of such extreme techniques.
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A request for admission can lengthen a trial because the parties have to take the time to prove facts on which they may already agree. True or false?.
Answer:
Explanation:
true
Daphne contracts with speedy builders inc. To construct a six-foot fence around her yard. Daphne’s neighbor rando is delighted because daphne’s fence will border the north side of his property. This means he can enclose the rest of his property for a much lower price. Before construction begins, however, speedy builders receives an offer for another, more lucrative project, and refuses to perform the contract with daphne. Who can sue speedy builders for breach of contract?.
According to law Daphne has the power to sue Speedy Builders for breach of contract.
A legal claim and category of civil wrong known as "breach of contract" refers to when a number of the parties to a contract refuse to perform their obligations under the terms of the agreement or interfere with the performance of the other party. A party commits a breach when it disobeys one or more of its obligations under a contract, whether completely or partially. It may also convey its intent to breach the agreement or otherwise show that it is unable to fulfill its obligations. When a contract is broken, the party who broke the agreement is responsible for paying the injured party's damages
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Kj games, in colorado, designs computer games that it markets and sells to customers via the internet. A click-on agreement accompanies every download; no game can be installed on a buyer’s computer if the buyer does not click on the words "i agree" when prompted. The click-on agreement clearly states in capital letters that all disputes will be settled in colorado’s state courts. Buyers of kj’s games are most likely.
If the click-on agreement clearly states in capital letters that all disputes will be settled in Colorado’s state courts. Buyers of KJ’s games are most likely required to file any lawsuits in Colorado.
An online contract known as a "clickwrap agreement" is one that users accept by clicking a button or checking a "I agree" box. The act of clicking takes the place of the act of signing using an electronic signature. Browsewraps and sign-in-wraps are similar agreement types.
The easiest approach for organisations to reduce risk without affecting conversion or customer experience is through clickwrap agreements. A clickwrap agreement is added by businesses to login sites, checkout flows, and signup pages. Although clickwrap agreements are now much more widespread and legally binding in B2B as well, they are considerably more common in B2C businesses where businesses sell their products and services completely online.
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When a plaintiff in a strict liability lawsuit has used a product in a way that is not intended or that the defendant could not have reasonably foreseen, the defendant may assert which defense?.
Strict liability is the defense you may assert.
In terms of products responsibility, irrespective of the defendant's intention, a defendant is liable if the plaintiff can demonstrate that the product is faulty.
Regardless of the steps taken to avoid harm, a defendant who participated in an unusually risky sport will be held held responsible any evidence of negligence—for any personal injuries and damages to property brought on by the action.
To succeed in an absolute liability action, you must first sustain harm. Second, you need to demonstrate that the harm was brought on by the defendant's goods or behavior. You can sue for your losses without having to prove fault as long as their actions caused your damages and the situation falls within strict liability laws.
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Daphne contracts with speedy builders inc. To construct a six-foot fence around her yard. Daphne’s neighbor rando is delighted because daphne’s fence will border the north side of his property. This means he can enclose the rest of his property for a much lower price. Before construction begins, however, speedy builders receives an offer for another, more lucrative project, and refuses to perform the contract with daphne. Who can sue speedy builders for breach of contract?.
According to law Daphne has the power to sue Speedy Builders for breach of contract.
A legal claim and category of civil wrong known as "breach of contract" refers to when a number of the parties to a contract refuse to perform their obligations under the terms of the agreement or interfere with the performance of the other party. A party commits a breach when it disobeys one or more of its obligations under a contract, whether completely or partially. It may also convey its intent to breach the agreement or otherwise show that it is unable to fulfill its obligations. When a contract is broken, the party who broke the agreement is responsible for paying the injured party's damages
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Case: Terms of contract - mere representation
Daniel sees an advertisement in a newspaper for a washing machine at a shop for K300.00. He goes to the shop and at the checkout counters says, he accepts their offer for the washing machine to be sold to him for K300.00. However, the shop owner declines to sell the washing machine at this price, saying that unfortunately there was an error in the advertisement. The correct price is K3,000. Is Daniel entitled to demand the shop to sell the washing machine for K300.00?
Daniel has no title to demand the shop sell the washing machine for K300.00 because the advertisement made an untrue statement which is a mere representation.
What is a mere representation?A mere representation in an advertisement is not a contract term.
A mere representation is a pre-contract term, and the shop can further clarify that the misstatement was an innocent mistake, which it had done.
A pre-contract representation does not form a contractual term unless it is a financial contract, where the obligor makes certain assertions about itself.
Daniel knows that washing machines do not normally sell for K300.00 unless they are recycled or old. The advertisement is untrue. It is then either a misrepresentation or a mere representation.
In this case, Daniel was not induced to enter into a contract with the shop but was merely motivated to buy the washing machine based on the unrealistic advertised price. There was no fraudulent misrepresentation.
Thus, Daniel has no title to demand the shop sell the washing machine for K300.00.
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what do sugar gliders eat?
i just got a new sugar glider but dont know what to feed it... any suggestions??
Answer:
saos and guns from acacia and eucalyptus, tree, nectar, pollen, fruits, and insects
Explanation:
Sugar gliders eat a mixture of insects and fruits and vegetables. Feed your glider once in the morning and once at dusk to keep it from getting too hungry. Give it a balance of 1 part protein, 1 part fruits or vegetables, and 1 part calcium. Healthy proteins include bugs, hard-boiled eggs, and boiled chicken or turkey.
In your own words, what are the Functions of privacy? Which one is most important to you and why?
Answer:
freedom
Explanation:
What do you believe are TWO important skills/qualities of a Probation Officer and WHY??
Answer:
mldn3bbekhxwhl2hclwcj
Alice is texting while driving and hits barney with her vehicle as he is crossing the road. If barney sues alice for negligence in a trial court, barney would be the defendant. True or false?.
Answer:
False, Alice would be the defendant
Explanation:
Alice is the one getting sued, therefore she is the defendant
The principle of ________ gives the federal government the power to override any state or local law in one particular area of policy.
The principle of preemption gives the federal government the power to override any state or local law in one particular area of policy.
What is preemption?According to the preemption principle, where two legal authorities disagree, the law of the higher legal authority will take precedence.
Preemption might be restricted to a few hundred feet at most. Preemption based on siren noises has the disadvantage that, depending on their direction and proximity to the intersection, they may or may not be recognized. Ambient disturbances, such as horns, cars, and similar sounds, can also make it difficult for them to be recognized.
Preemption types, Preemption claims may or may not occur in two circumstances: "express preemption" and "implied preemption." "Express preemption" happens when Congress uses the words "we hereby preempt" or another similar language in a statute. Federal statutes specifically forbid municipal and state legislation in this situation.
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What are some factors that raised agencies justifiable homicide rates?
The factors that lowered agencies justifiable homicide rates include better policing and the impact of law.
What is homicide?Common law refers to homicide as manslaughter because it is seen as less criminal than murder. Some sources claim that the ancient Athenian legislator Draco first created the distinction between murder and manslaughter in the seventh century BC. Different legal systems have different ideas on what constitutes manslaughter.
A variety of factors exist at the individual, interpersonal, social, and community levels that contribute to homicide. A well-established risk factor for homicide is demographic composition. Homicide rates are generally higher in societies where young individuals, particularly young men, make up a larger portion of the population.
It should be noted that the factors that lowered agencies justifiable homicide rates include better policing and the impact of law. These are necessary in order to curtail homicide oh the country.
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Describe in depth the ways a principal-agent relationship can end.
Answer:
Similarly, the relationship between agent and principal comes to an end when principal or agent becomes insane, for a person of unsound mind cannot contract. 4. Insolvency of the Principal: When the principal is declared as insolvent, the agency is terminated.
Explanation:
Answer:
An agent’s authority can be terminated at any time. If the trust between the agent and the principal has broken down, it is not reasonable to allow the principal to remain at risk in any transactions that the agent might conclude during a period of notice.
Explanation:
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The principle of federalism places sovereignty in the federal government.
True
O False
This claim is untrue. According to the federalism principle, the federal government and all state governments have equal authority.
What are the fundamental tenets of federalism?Federalism is a form of government in which two levels of authority share control over the same region. Larger territorial areas are typically governed more broadly by an overarching national government, while local concerns are handled by smaller subdivisions, states, and cities.
What is federalism based on state sovereignty?In American political history, state sovereignty has been a significant topic. The republic's founders created a federal structure that guaranteed the U.S. government's supremacy within the bounds of its delegated jurisdiction while simultaneously safeguarding the sovereign interests of the states.
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