held that the English-only policy was discriminatory. The court determined that the policy requiring employees to speak only English at work, without justifiable reasons, was in violation of Title VII of the Civil Rights Act, as it unfairly impacted employees based on their national origin.
In the context of Garcia v. Spun Steak Co., the court held that employers are required to include bonuses in an employee's regular rate of pay when calculating overtime pay under the Fair Labor Standards Act (FLSA). This decision clarified that bonuses, whether discretionary or non-discretionary, must be included in the regular rate of pay for overtime calculations. The explanation behind this ruling is that the FLSA defines the regular rate of pay as all compensation earned by an employee, including bonuses, and that overtime pay must be calculated based on this regular rate of pay. This ruling ensures that employees receive fair compensation for all hours worked, including overtime.
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during the target breach, what type of attack was used against the 3rd party hvac vendor?
During the Target breach, a type of attack called spear phishing was used against the 3rd party HVAC vendor.
Spear phishing is a targeted form of phishing, where the attacker sends a personalized email to a specific individual or organization, often using their name and other details to appear legitimate. In this case, the attackers gained unauthorized access to the HVAC vendor's credentials by sending a malicious email with an infected attachment. Once opened, the malware allowed the attackers to infiltrate Target's network, leading to the massive data breach. This highlights the importance of strong cybersecurity measures, especially when dealing with third-party vendors.
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in chevron v. natural resources defense council , the court ruled that the epa _________.
In Chevron v. Natural Resources Defense Council, the court ruled that the EPA (Environmental Protection Agency) has the authority to interpret ambiguous provisions in the Clean Air Act, thereby establishing the Chevron deference principle.
This principle states that courts should defer to the reasonable interpretations of federal agencies when the statute's language is ambiguous.
In Chevron v. Natural Resources Defense Council, the court ruled that the EPA is entitled to deference in its interpretation of ambiguous statutes and regulations, as long as its interpretation is reasonable and consistent with the purpose of the law. This is known as the Chevron doctrine or Chevron deference.
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which of the following was not points contained in the contract with america? group of answer choices a a line-item veto for the president. b term limits for members of congress. c universal health care coverage. d a balanced budget amendment to the constitution.
Answer:
C
Explanation:
The point that was not contained in the Contract with America was "c) universal health care coverage." The Contract with America was a document released by the United States Republican Party during the 1994 Congressional election campaign. It outlined the party's policy agenda and included points such as "a) a line-item veto for the president, b) term limits for members of Congress, and d) a balanced budget amendment to the Constitution."
what were the ramifications for his career when louis armstrong was arrested in los angeles on a marijuana charge?
Louis Armstrong's arrest on a marijuana charge in Los Angeles had significant ramifications for his career.
The incident occurred during a time when drug use was heavily stigmatized and criminalized, and Armstrong's reputation was damaged as a result. He was viewed as a criminal and a drug addict, and his popularity suffered greatly. Some concert promoters refused to book him, and his recordings were banned from some radio stations. Despite the setback, Armstrong continued to perform and record music, but his image was forever changed. He eventually regained some of his popularity and continued to be a legendary figure in the jazz world, but the impact of the arrest on his career and reputation cannot be denied. Overall, the incident had a lasting effect on his legacy and serves as a reminder of the power of societal perceptions and prejudices.
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one of the leading formative influences on the staff culture of corrections officers is the
One of the leading formative influences on the staff culture of corrections officers is the institutional culture of the correctional facility.
This includes the policies, procedures, and values that are established by the administration and reinforced by the staff. The nature of the work itself, including the inherent stress and danger of working in a prison or jail, also contributes to the development of a unique culture among corrections officers. This culture can be both supportive and insular, with a strong emphasis on loyalty and solidarity among staff members. Additionally, the history and legacy of the corrections system, as well as the broader social and political context in which it operates, can also shape the attitudes and behaviors of corrections officers. It is important for administrators to recognize and understand these influences in order to effectively manage and support their staff.
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After suspects officially become defendants, they are brought before a lower-court judge for:
A) an arraignment
B) plea bargaining
C) an initial appearance
D) filing charges
After suspects officially become defendants, the next step in the criminal justice system is to bring them before a lower-court judge for an arraignment.(option.a)
An arraignment is a formal court hearing where the defendant is informed of the charges against them and enters a plea of guilty or not guilty.
This is a crucial step in the process, as it sets the tone for the remainder of the case and allows both the prosecution and defense to start preparing their arguments and evidence.
Additionally, it provides the defendant with an opportunity to hear the charges against them and to begin building their defense strategy. While plea bargaining and filing charges are important aspects of the criminal justice system, they do not occur during the arraignment hearing.
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john locke and john stuart mill are important philosophers for the ideology of ________.
John Locke and John Stuart Mill are important philosophers of the ideology of liberalism. They both contributed significantly to the development of liberal political thought, with Locke focusing on natural rights and limited government, while Mill emphasized individual liberty and utilitarianism.
Both John Locke and John Stuart Mill are important philosophers of the ideology of liberalism. Locke's social contract theory and belief in natural rights, including property rights, influenced the American Revolution and the drafting of the United States Constitution. Mill's works, including On Liberty and Utilitarianism, emphasized the importance of individual freedom and the harm principle, which states that individuals should be free to act as they please unless their actions harm others. Together, Locke and Mill's ideas have had a significant impact on modern liberal democracies.
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The concept that was NOT among John Lockeʹs key philosophical concepts is checks and balances.
Explanation:
John Locke was an influential Enlightenment thinker who developed key philosophical concepts that had a significant impact on political philosophy. One of his central ideas was the concept of natural rights. According to Locke, all individuals possess certain inherent rights, such as life, liberty, and property. These rights are not granted by the government but are instead inherent to human beings.
Another important concept in Locke's philosophy is the idea of limited government. He believed that the power of the government should be restricted to protect the rights of individuals. This means that the government should not have unlimited authority and should be accountable to the people it governs.
Locke also emphasized the concept of consent of the governed. This means that the legitimacy of the government is derived from the consent of the people it governs. In other words, the government should only have authority if the people agree to be governed by it.
Additionally, property rights were a significant aspect of Locke's philosophy. He argued that individuals have the right to acquire and possess property. This includes both physical property, such as land and possessions, as well as intellectual property.
Based on these key concepts, the concept that was NOT among John Lockeʹs key philosophical concepts is checks and balances. While checks and balances are an important aspect of modern democratic systems, they were not explicitly emphasized by Locke in his political philosophy.
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T./F. Goods associated with real estate never fall within the scope of UCC Article 2.
The statement is true. Goods associated with real estate, such as land, buildings, and fixtures, are generally considered to be part of real property and therefore fall outside the scope of UCC Article 2.
This article governs transactions involving the sale of goods, which are typically tangible, movable items such as clothing, electronics, or vehicles. However, certain items that are attached to real property, such as heating and cooling systems, may be considered goods for the purposes of Article 2. It's important to note that the UCC only applies to transactions involving goods, and other legal principles and regulations may govern transactions involving real estate.
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administrative agency investigative powers typically include the power to issue a ____ , an order to appear at a particular time and place and provide testimony, and a ____ , an order to appear and bring specified documents.
Administrative agency investigative powers typically include the power to issue a subpoena ad testificandum, an order to appear at a particular time and place and provide testimony, and a subpoena duces tecum, an order to appear and bring specified documents.
What is the SubpoenaA subpoena ad testificandum is an order issued by an administrative agency that requires a person to appear before the agency and provide testimony.
This type of subpoena is used when the agency needs to gather information or evidence related to an investigation or proceeding.
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The Fourth, Fifth, Sixth, and Eighth Amendments contain which sets of rights?
a. due process
b. the five freedoms
c. civil
d. criminal
e. natural
The Fourth, Fifth, Sixth, and Eighth Amendments contain rights related to criminal proceedings. Therefore, the correct answer is (d) criminal.
The Fourth, Fifth, Sixth, and Eighth Amendments contain rights related to both civil and criminal due process. These amendments provide protections such as the right to a fair and speedy trial, the right to remain silent, the right to a grand jury indictment, protection against unreasonable searches and seizures, protection against self-incrimination, protection against double jeopardy, the right to counsel, and protection against excessive bail and fines. These rights are considered natural rights and are essential to ensuring justice and fairness in the legal system.
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the 1884 election contest between james g. blaine and grover cleveland was noted for
The 1884 election contest between James G. Blaine and Grover Cleveland was noted for being one of the most negative and scandalous presidential campaigns in American history.
Both Blaine and Cleveland were accused of unethical and corrupt practices, including bribery, fraud, and se-xual misconduct. Blaine, the Republican candidate, was embroiled in the "Mulligan letters" scandal, in which he was accused of receiving bribes from railroad executives. Cleveland, the Democratic candidate, was attacked for having fathered an illegitimate child and for his opposition to the use of federal funds for religious schools.
The campaign was also notable for the role of the press, which played a significant role in shaping public opinion through sensationalist and often partisan reporting. The campaign also saw the emergence of new campaign tactics, such as mass rallies and parades, as well as the use of cartoons and other forms of political propaganda.
Despite the scandals and negative campaigning, Cleveland ultimately won the election, becoming the first Democrat to win the presidency since the Civil War. The 1884 election has since been seen as a turning point in American politics, marking the emergence of a new era of partisan politics and intense media scrutiny.
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a contracting party has no duty to perform prior to a condition precedent being satisfied. T/F
True. A condition precedent is a contractual term that specifies an event or action that must occur before a party is obligated to perform its obligations under the contract.
Until the condition precedent is satisfied, the contracting party has no duty to perform its obligations. The purpose of a condition precedent is to allocate risk between the parties and to ensure that certain conditions are met before the contract is executed. For example, a construction contract may require the contractor to obtain all necessary permits before commencing work. Until the permits are obtained, the contractor has no duty to perform its obligations under the contract. Once the condition precedent is satisfied, however, the contracting party must perform its obligations in accordance with the terms of the contract.
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In which of the following situations does a legal duty to act clearly exist?
A. The EMT witnesses a vehicle crash while off duty.
B. A call is received 15 minutes prior to shift change.
C. The EMT hears of a cardiac arrest after his or her shift ends.
D. A bystander encounters a victim who is not breathing.
The situation in which a legal duty to act clearly exists is D. A bystander encounters a victim who is not breathing.
In general, individuals have no legal duty to act to help others unless they have a special relationship with the person in need or they have created the dangerous situation.
However, once an individual chooses to act, a legal duty to provide reasonable care arises. In option D, the bystander has encountered a victim who is not breathing, and therefore has a clear legal duty to act to provide reasonable care to the victim. In options A, B, and C, there is no clear legal duty to act because the EMT is either off duty, the call was received before shift change, or the shift has already ended, and there is no indication that the EMT had started to provide care.
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Which of the following is a reason why the Framers created a federal system?
Select one:
a. The Framers wanted to ensure that there was a centralized policymaking system.
b. The Framers believed that federalism best ensured economic equality.
c. The Framers were concerned that a central government could become too powerful. d. The Framers wanted to re-create the successes they experienced under the Articles of Confederation.
The reason why the Framers created a federal system was because they were concerned that a central government could become too powerful.
They wanted to avoid tyranny and ensure that power was divided among different levels of government. This is why they created a system where power is shared between the federal government and the states. The Framers believed that this would help to prevent any one branch of government from becoming too powerful and abusing its power. They also believed that it would allow for more experimentation and innovation in policymaking, as different states could try out different approaches to issues. Overall, the federal system was designed to balance power and protect individual liberties, while still allowing for effective governance.
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a national vote initiated by the government on a particular policy issue is commonly known as a
A national vote initiated by the government on a particular policy issue is commonly known as a referendum.
In a referendum, citizens are given the opportunity to vote either in favor of or against a proposed policy or law. Referendums can be held on a range of issues, from constitutional amendments to controversial social issues. They are often used to gauge public opinion and to legitimize government actions. The outcome of a referendum can have significant implications for the government and the country as a whole. It is important for citizens to educate themselves on the issue at hand and to participate in the democratic process by voting in the referendum.
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a decision issued by a grand jury authorizing the prosecutor to arraign the defendant is called the
A decision issued by a grand jury authorizing the prosecutor to arraign the defendant is called the "indictment." An indictment indicates that the grand jury found enough evidence to proceed with a criminal trial.
An indictment is a formal accusation or charge made against an individual suspected of committing a crime. It is based on the evidence presented by the prosecutor to the grand jury, which determines whether there is enough evidence to proceed with a trial. If the grand jury finds sufficient evidence, they issue an indictment, which allows the prosecutor to arraign the defendant and proceed with the legal process.
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sentencing laws fail to consider that the reasons that compel many women to remain silent include:
Sentencing laws often overlook the fact that many women are hesitant to report abuse or assault due to various reasons.
Some of these reasons may include fear of retaliation, cultural or social stigmas, financial dependence, or a lack of trust in the justice system. Furthermore, many women may not recognize the abuse they are experiencing as a crime, or they may not feel as though their experiences will be taken seriously. As a result, sentencing laws fail to account for the nuances and complexities of survivors' experiences, which can ultimately lead to inadequate and unjust outcomes. In order to address these issues, it is crucial that policymakers and justice system officials work to better understand survivors' perspectives and experiences and take steps to ensure that their voices are heard and their needs are met.
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what consists of both common law and statutory rules that govern the creation, interpretation, and enforcement of contracts?
The creation, interpretation, and enforcement of contracts are governed by a combination of common law and statutory rules.
Common law refers to the legal principles and decisions established by courts over time, while statutory rules are laws passed by legislative bodies. Together, these two sources of law establish the framework for contract formation and enforcement. Common law provides guidance on the essential elements of a contract, such as offer, acceptance, consideration, and intention to create legal relations. Statutory rules may also specify additional requirements, such as formalities for certain types of contracts, or consumer protection provisions. In addition to these rules, contracts may also be subject to regulations or industry-specific requirements. It is important for parties to a contract to be aware of both common law and statutory rules that apply to their specific situation to ensure the validity and enforceability of their agreement.
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(p. 43) about how many arrests are made in the u.s. each year for drug-law violations?
According to data from the Federal Bureau of Investigation (FBI), there were approximately 1.6 million drug-related arrests made in the United States in 2018.
Of these arrests, more than 86% were for possession of a controlled substance, while the remaining arrests were for drug trafficking and manufacturing. The majority of these arrests were for marijuana, followed by cocaine and heroin. The number of drug-related arrests has been steadily increasing over the years, despite efforts to address drug addiction and drug-related crimes through various policies and initiatives. However, some argue that the focus should be on treatment and rehabilitation rather than punishment, as addiction is often a root cause of drug-related offenses.
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This case allowed searches, also known as "pat-downs," during field interrogations.
a. Chimel v. California
b. Terry v. Ohio
c. United States v. Matlock
d. Abel v. United States
The case that allowed searches, also known as "pat-downs," during field interrogations is Terry v. Ohio. Therefore Option B.Terry v. Ohio would be the correct answer.
This landmark case established the concept of "stop and frisk," which allows police officers to stop and briefly detain individuals if they have reasonable suspicion that the person is involved in criminal activity. During this brief detention, officers may pat down the outer clothing of the individual for weapons if they have reason to believe the person may be armed and dangerous. The decision in Terry v. Ohio recognized the need for police officers to take proactive measures to prevent crime, while also balancing individual rights to privacy and protection from unreasonable search and seizure under the Fourth Amendment.
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section 7a of the national industrial recovery act.states the act
Section 7a of the National Industrial Recovery Act (NIRA) aimed to improve labor conditions and promote collective bargaining between employers and employees.
Section 7a provision encouraged fair competition, wage standards, and workers' rights, ultimately supporting economic recovery during the Great Depression.
Section 7a of the National Industrial Recovery Act was a crucial part of the New Deal legislation enacted by President Franklin D. Roosevelt in 1933. It required employers to adopt a voluntary code of fair competition, which established minimum wages and maximum hours for workers in their respective industries. The code also prohibited child labor and guaranteed workers the right to collective bargaining. The aim of the act was to promote economic recovery by stabilizing prices, reducing unemployment, and increasing consumer purchasing power. However, the Supreme Court declared the act unconstitutional in 1935, leading to its eventual repeal in 1938.
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in eli lilly's office of alliance management, the alliance champion is primarily responsible for
In Eli Lilly's Office of Alliance Management, the alliance champion is primarily responsible for overseeing the success of a partnership between two companies.
They are the main point of contact between the partnering companies and work to ensure that both parties are meeting their goals and objectives. The alliance champion acts as a liaison between the two companies, facilitating communication and resolving any conflicts that may arise. They also monitor the progress of the alliance and make recommendations for adjustments or changes to ensure its success. The alliance champion must have excellent communication, negotiation, and project management skills to effectively manage the alliance. They must also have a deep understanding of both companies' goals, strategies, and cultures to create a strong and effective partnership.
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during the last half-century, the republicans have been known as the party of
During the last half-century, the Republicans have been known as the party of conservatism. They have been associated with traditional values, limited government, free-market capitalism, and a strong national defense.
Since the 1960s, the Republican Party has positioned itself as the standard-bearer of conservatism in American politics. They have been staunch advocates of conservative values, such as individual liberty, small government, and free enterprise. Republicans have also emphasized the importance of a strong national defense and foreign policy, particularly in the post-9/11 era.
Additionally, the party has been known for its support of social and cultural issues such as pro-life, traditional marriage, and gun rights. While there have been variations in the party's platform over time, the Republicans' identification with conservatism has remained a defining characteristic of the party in recent history.
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the supreme court’s decision in ledbetter v. goodyear tire and rubber co. was significant because
The Supreme Court's decision in Ledbetter v. Goodyear Tire and Rubber Co. was significant because it addressed the issue of the statute of limitations for pay discrimination claims under Title VII of the Civil Rights Act.
In the Ledbetter case, Lilly Ledbetter claimed that she had been paid less than her male colleagues at Goodyear Tire and Rubber Co. because of her gender. The Supreme Court's decision in the case was significant because it ruled that Title VII's statute of limitations for filing a pay discrimination claim began at the time the employer made the initial discriminatory pay decision, not each time a paycheck was received. This ruling effectively made it more difficult for employees to bring pay discrimination claims because they would have to file their claims within a short period of time after the initial discriminatory pay decision was made.
The Ledbetter decision led to the passage of the Lilly Ledbetter Fair Pay Act, which extended the time period for filing pay discrimination claims under Title VII.
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Which of the following is NOT one of the trends evident in the judiciary over the past sixty years?
A) The court system has grown increasingly accessible to private citizens.
B) The Supreme Court has expanded its role in shaping public policy.
C) The Supreme Court has demonstrated a willingness to investigate a broader range of judicial questions.
D) Interest groups have increasingly relied on lawsuits rather than elections to achieve their goals.
E) The court system has grown less accessible to business groups and other private interests.
The trend that is NOT evident in the judiciary over the past sixty years is E) The court system has grown less accessible to business groups and other private interests.
In fact, the opposite is true as business groups and other private interests have become more involved in the court system, particularly through the use of litigation as a tool for achieving their goals. The other trends listed are all accurate, including the increased accessibility of the court system to private citizens, the expansion of the Supreme Court's role in shaping public policy, and the willingness of the court to investigate a broader range of judicial questions.
Interest groups have also increasingly relied on lawsuits rather than elections to achieve their goals, reflecting a broader trend towards the judicialization of politics.
Therefore, the correct answer is option E.
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the supreme court case franklin v. gwinnett county public schools was important because it:
The Franklin v. Gwinnett County Public Schools case was important because it established the right of students to receive monetary damages for violations of Title IX, a federal law that prohibits discrimination based on se-x in education programs and activities that receive federal funding.
In this case, a high school student named Christine Franklin sued her school district for not responding adequately to her allegations of se-xual harassment by a teacher. The Supreme Court ruled that students have the right to recover damages for violations of Title IX, including monetary compensation for the harm caused by the school's failure to address the harassment.
This decision was significant because it clarified the legal remedies available to students who experience se-xual harassment or discrimination in schools. It also emphasized the importance of schools taking proactive steps to prevent and respond to harassment, as failing to do so can result in financial consequences for the school district.
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a witness testifying in a court or legislature may never be sued for defamation.
T/F
True, a witness testifying in a court or legislature may never be sued for defamation. This is because witnesses have testimonial immunity, which protects them from defamation lawsuits while providing testimony.
This statement is generally true. Witnesses who testify in court or before a legislature are generally protected by a privilege from being sued for defamation for statements they make while testifying. This privilege is based on the idea that it is important to encourage witnesses to speak candidly and freely without fear of being sued for their statements. However, there are some exceptions to this rule, such as if the witness acted with malice or made statements outside the scope of their testimony.
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perjury is:select one:a.a false statement during a deposition.b.a false statement during negotiations.c.a false statement made to the physician during a patient office visit.d.a false statement made to your attorney.
Perjury is (a) a false statement during a deposition. Perjury refers to knowingly and willfully providing false information while under oath, typically in a legal setting such as a deposition, trial, or other official proceedings.
Perjury refers to a false statement made under oath in a legal proceeding. This can include lying during a deposition or trial testimony, or submitting false information in a written legal document such as an affidavit or sworn statement. It is a serious crime that can result in fines, imprisonment, and other legal consequences.
Perjury involves deliberately making false statements or concealing important information with the intention of misleading a court or legal proceeding. It can also refer to tampering with evidence, such as altering or destroying documents, or encouraging others to lie or withhold information. Perjury can undermine the integrity of the legal system and prevent justice from being served, which is why it is taken very seriously and can carry severe penalties.
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who has the most discretionary power to dismiss or reduce charges prior to the trial?
The prosecutor has the most discretionary power to dismiss or reduce charges prior to trial. This power comes from their role as the legal representative of the state or government in criminal cases.
The prosecutor are responsible for deciding which charges to bring against a defendant, as well as whether to dismiss or reduce charges based on various factors such as the strength of the evidence, the defendant's criminal history, and the interests of justice. While judges also have some discretionary power to dismiss charges, this is typically limited to cases where there is a legal defect or procedural issue with the charges, rather than a decision based on the facts or evidence of the case.
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which of the following is not one of james q. wilson’s operating styles?a. watchman c. service b. legalistic d. aggressive
The option that is not one of James Q. Wilson's operating styles is (d) aggressive.
James Q. Wilson identified three operating styles of policing in his book "Varieties of Police Behavior: The Management of Law and Order in Eight Communities" - watchman, legalistic, and aggressive. The watchman style focuses on maintaining order and keeping peace, while the legalistic style emphasizes strict adherence to the law. The aggressive style involves a more proactive approach to policing. Wilson did not include the service style as one of his operating styles.
James Q. Wilson identified three main operating styles for police officers, which include (a) watchman, (b) legalistic, and (c) service styles. The aggressive style is not part of Wilson's classification.
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