People in the West tended to prefer Andrew Jackson in the 1824 election because he was seen as a representative of their interests and beliefs.
During the 1824 presidential election, there were four main candidates: John Quincy Adams, Andrew Jackson, Henry Clay, and William Crawford. Each of these candidates had different political views and represented different regions of the country. Andrew Jackson was a war hero and a self-made man who grew up on the frontier. He was seen as a champion of the common people and a defender of their rights. This resonated with many people in the West who felt that the political elite on the East Coast did not understand or care about their concerns. Jackson's military background also made him popular with those who valued strength and leadership.
In contrast, the other candidates were seen as part of the establishment and did not have the same appeal to Western voters. John Quincy Adams, for example, was from Massachusetts and was seen as an elitist who did not understand the needs of ordinary people. Henry Clay was from Kentucky and had a more populist image than Adams, but he was also seen as a member of the political elite. William Crawford, who was from Georgia, was largely seen as a regional candidate who did not have broad national appeal.
Overall, Andrew Jackson's appeal to Western voters was based on his reputation as a fighter for their interests and his status as a symbol of the frontier. His victory in the 1824 election reflected the growing political power of the West and marked a turning point in American politics.
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The legal powers Congress cedes to the presidency in the ordinary course of events are known as a. delegated powers b. inherent powers c. supreme powers d. expressed powers.
The legal powers Congress cedes to the presidency in the ordinary course of events are known as delegated powers. The correct answer is option b.
These powers are specifically granted to the president through laws passed by Congress and are outlined in the Constitution. They are distinct from inherent powers, which are powers that are not explicitly granted by the Constitution but are necessary for the president to fulfill their duties and expressed powers, which are powers explicitly granted to the federal government by the Constitution. The term "supreme powers" is not commonly used in discussions of presidential powers.
Delegated powers are legal authorities granted to the executive branch by the legislative branch. These powers may be explicitly outlined in the Constitution or they may be implied based on the interpretation of the Constitution. Delegated powers are granted to the president in order to allow the executive branch to carry out its duties and responsibilities in executing laws, managing foreign affairs, and protecting national security.
Examples of delegated powers granted to the president include the authority to negotiate treaties with foreign countries, appoint federal judges and officials, grant pardons and reprieves, and serve as the commander-in-chief of the armed forces.
Delegated powers are distinct from inherent powers, which are powers that the president possesses by virtue of being the chief executive of the United States, and expressed powers, which are powers that are specifically enumerated in the Constitution.
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tracking vehicle movements by authorities with a gps does not require a search warrant.
T/F
The statement is true. Tracking vehicle movements by authorities using GPS generally does not require a search warrant.
This is because the Supreme Court, in the United States v. Jones case (2012), ruled that attaching a GPS device to a vehicle and tracking its movements constitutes a search under the Fourth Amendment. However, the Court has also held that monitoring public movements, such as on public streets, does not require a warrant, as individuals do not have a reasonable expectation of privacy in their public movements. In summary, while attaching a GPS device may require a warrant, monitoring public movements through GPS tracking typically does not. It is essential to note that laws and regulations may vary in different jurisdictions, and it is always best to consult local laws and guidelines.
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the application of the principle of rights, or rights theory, often involves conflicting rights.
True or False
True. The application of the principle of rights, or rights theory, often involves conflicting rights because individuals and groups may have different rights that can sometimes clash with each other. In such cases, finding a balance or compromise is necessary to resolve the conflict.
The principle of rights, or rights theory, asserts that individuals have certain fundamental rights that cannot be violated by others. However, in certain situations, the application of these rights can lead to conflicting rights. For example, an individual's right to free speech may conflict with another individual's right to privacy. In such cases, it becomes necessary to balance and prioritize these rights in order to reach a fair and just resolution.
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Liz starts driving rashly after buying insurance. This is an example of a(n):
A. moral-hazard problem.
B. common-resource problem.
C. negative externality.
D. free-rider problem.
Liz's reckless driving after purchasing insurance demonstrates moral hazard, where the presence of insurance reduces her incentives to drive responsibly and take precautions, leading to increased risk-taking behavior due to reduced personal responsibility.
Liz's rash driving after purchasing insurance is an example of a moral hazard problem. Moral hazard refers to the increased risk-taking behavior that occurs when individuals have insurance or protection against negative consequences. In this case, Liz's reckless driving is a consequence of feeling less accountable for potential accidents or damages because she is insured. The presence of insurance encourages her to act in a riskier manner, potentially leading to more accidents or increased costs for the insurer. Moral hazard problems arise when individuals change their behavior due to reduced personal responsibility or consequences resulting from being insured.
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in a suit against olive, pimento obtains damages. in the u.s. legal system, this remedy at law is
In the U.S. legal system, obtaining damages in a suit against Olive means that Pimento has been awarded monetary compensation for the harm caused by Olive's actions.
This remedy at law is known as a legal remedy, as opposed to an equitable remedy which seeks to compel a party to act or refrain from acting in a certain way. Damages awarded in a lawsuit are intended to put the plaintiff in the position they would have been in if the harm had not occurred, and may include compensation for lost wages, medical expenses, and pain and suffering. The amount of damages awarded is typically determined by a judge or jury based on the evidence presented during the trial.
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under the constitution of 1869, how often were legislative sessions set to be held?
Under the Constitution of 1869, legislative sessions were set to be held biennially, meaning once every two years.
The Constitution of 1869 was the fourth constitution of Texas and was adopted during the Reconstruction era following the Civil War. It established a new system of government and expanded suffrage to include African American men.
The constitution also placed limits on state debt and created the office of the State Comptroller. One of the significant changes made by this constitution was the frequency of legislative sessions, which were set to be held every two years, instead of annual sessions as provided for in the previous constitution.
This change was intended to reduce the amount of time lawmakers spent in Austin and was part of a broader effort to reduce the power of the state government in favor of local control. The biennial session requirement remains in effect today under the current Texas Constitution, adopted in 1876.
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during the texas constitutional convention of 1875, which interest group played an important role?
During the Texas Constitutional Convention of 1875, the interest group that played an important role was the Grange.
The Grange was a national organization of farmers who sought to improve the economic and political conditions for agricultural workers. They were particularly concerned with issues such as fair pricing for crops, regulation of railroad rates, and public education. The Grange was successful in advocating for these issues and was able to secure provisions in the new constitution that protected the rights of farmers and promoted rural development. In addition, they were able to help establish a strong system of public education that benefited all Texans, regardless of social or economic background. Overall, the Grange played a crucial role in shaping the political and economic landscape of Texas during this time period.
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According to state law, which of the following statements about lobbying is incorrect?
a. Not all lobbyists are required by state law to register and report their activities.
b. Lobbyists not paid wages or reimbursed for their expenses are not required to register with the state.
c. Individuals and organizations that spend more than a specified amount of money attempting to shape public decisions are required to register.
d. All lobbyists must file financial reports with the Secretary of State.
According to state law, the incorrect statement about lobbying is B. Lobbyists who are not paid wages or reimbursed for their expenses are still required to register with the state.
This is because lobbying includes any attempt to influence public officials and their decision-making processes, regardless of whether or not the lobbyist is compensated for their efforts. However, not all lobbyists are required to register and report their activities. The requirement to register depends on the state and the amount of money spent on lobbying activities. Individuals and organizations that spend more than a specified amount of money attempting to shape public decisions are required to register, and all lobbyists must file financial reports with the Secretary of State.
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South Africa and the world would have never known about President Cyril Ramaphosa's alleged illicit financial mess if the millions of US dollars had not been stolen from his Phala-Phala farm. The section 89 Independent panel chaired by retired Chief Justice Sandile Ngcobo cautioned that Ramaphosa was not being truthful by declaring that only $580 000 (an estimated R9.5 million) was stolen. In his affidavit, former State Security Agency (SSA) director-general Arthur Fraser stated that, although there was no certainty about the precise amount stolen, the quantum was speculated to be about $4m to $8m. Mr Ramaphosa has publicly downplayed it to have been "far less". Mr Ramaphosa had informed the panel that, the stolen money was the proceeds of a sale to a Sudanese national he identified as "Mr Mustafa Mohamed Ibrahim Hazim". The president insist that he is not guilty and further alleged that the manager of the Phala-Phala made mistake of not disclosing and or reporting the matter to the relevant authorities and ignored the law. With the above, advise the manager and the president of their chances of success if the matter is to proceed in the criminal court. (25)
The theft of millions of US dollars from President Cyril Ramaphosa's Phala-Phala farm is a serious criminal offense, and the authorities will likely investigate the matter thoroughly to determine who is responsible and hold them accountable.
Grounded on the information handed, it appears that there are allegations of theft and fiscal impropriety involving President Cyril Ramaphosa's Phala- Phala ranch. The chairman has stated that he's not shamefaced and has contended that the ranch director failed to report the matter to the applicable authorities.
still, the execution would need to present substantiation to support their case that the chairman and/ or the ranch director committed a crime, If the matter were to do to felonious court. The defense would have the occasion to present their own substantiation and arguments to refute the execution's case. The ultimate outgrowth of a felonious trial would depend on numerous factors, including the strength of the substantiation presented, the skill of the attorneys representing each side, and the decision of the judge or jury.
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ompare the two mass wasting events. which one resulted in court cases and settlements and generated the most revenue for lawyers and why?
The two mass wasting events that come to mind are the Oso landslide in Washington in 2014 and the Montecito debris flow in California in 2018.
While both resulted in tragic loss of life and property damage, the Montecito debris flow generated the most revenue for lawyers and resulted in court cases and settlements. This is because the Montecito debris flow was caused by a combination of natural factors, such as heavy rainfall, and human factors, such as inadequate evacuation warnings and poor land-use planning. As a result, there were multiple parties involved in the litigation, including homeowners, businesses, and government agencies. In contrast, the Oso landslide was primarily caused by natural factors, such as groundwater saturation, and resulted in fewer parties involved in litigation. Therefore, the Montecito debris flow generated more revenue for lawyers and resulted in court cases and settlements due to the complexity of the factors involved and the number of parties affected.
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Which of the following is/are informal criterion/criteria for becoming governor?
A. Governors are historically male.
B. Governors are historically white.
C. Governors are historically protestant.
D. All of the above.
The answer is D- all of the above as Historically, the informal criteria for becoming a governor included being male, white, and Protestant.
What does this entail?This was due to the social and cultural norms prevalent in American society. However, in recent years, these criteria have become less important as diversity and inclusivity have become more valued in political leadership.
Today, individuals from diverse backgrounds, including women, people of color, and non-Christian religions, are increasingly becoming governors across the country.
Formal criteria, such as age, citizenship, and residency, are still required for becoming a governor, but informal criteria are no longer as influential as they once were.
Hence, the correct answer is D.
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Duties of the justice of the peace may include all of the following except
a. criminal cases where the fine in less than $500.
b. perform marriages.
c. act as coroner.
d. civil cases where the dispute involves less than $100,000.
The duties of a justice of the peace vary depending on the jurisdiction, but generally, they may include hearing criminal cases where the fine is less than $500, - b. performing marriages, and c. acting as a coroner.
What does it mean?However, one duty that a justice of the peace may not have is hearing civil cases where the dispute involves less than $100,000.
This responsibility is typically reserved for small claims courts or other courts that handle civil disputes.
Overall, the role of a justice of the peace is to provide support to the judicial system by handling certain cases and performing other duties as needed.
Hence, the answer is options b. and c.
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according to reason based ethics, giving money to charity is not a supererogatory act.
T/F
The statement is true. According to reason-based ethics, giving money to charity is not considered a supererogatory act.
In ethical theories like Kantianism and Utilitarianism, actions are evaluated based on their adherence to moral principles or their consequences. Kantianism focuses on the duty to follow moral rules, such as treating others as ends rather than means. If giving to charity aligns with one's moral duty, it becomes a morally required action rather than a supererogatory one. In Utilitarianism, actions are judged based on their ability to maximize overall happiness or welfare. If giving to charity leads to the greater good, it is considered a morally obligatory act. Supererogatory acts, on the other hand, go beyond moral duties and obligations. These acts are considered praiseworthy but not required. Since reason-based ethics emphasize fulfilling moral duties or maximizing the greater good, giving money to charity is seen as morally obligatory rather than supererogatory.
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a judge decides a malpractice case in favor of the plaintiff. this judgment then becomes a legal precedent. what type of law is established through this type of legal precedent?
The type of law established through a legal precedent where a judge decides a malpractice case in favor of the plaintiff is known as common law.
Common law is based on judicial decisions, rather than on legislative action or executive orders, and is used in cases where there is no clear statute or constitutional provision to apply.
Common law is the body of law that is created by judges through their decisions in individual cases. These decisions then serve as a precedent for future cases, which means that judges are required to follow the decisions of previous cases that have similar facts and legal issues.
This process of precedent is a key feature of the common law system, and it allows the law to evolve and adapt to changing circumstances over time.
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Which of the following statements is true about the law?
The purpose of having laws is to protect the government.
It relates to research in the field of health care.
It applies differently to each individual.
9
It's a rule of action or conduct bounded by a controlling authority.
The statement "It's a rule of action or conduct bounded by a controlling authority" is true about the law.
The true statement about the law is that "It's a rule of action or conduct bounded by a controlling authority." The law refers to a system of rules and regulations established by a governing body or authority to govern individuals, societies, or organizations. It serves as a framework that guides behavior and provides a basis for resolving disputes and maintaining order within a society.
While laws may indirectly protect the government by ensuring stability and adherence to its authority, the primary purpose of laws is to establish standards of behavior, protect rights and freedoms, promote justice, and regulate social interactions. Laws encompass various areas, including criminal law, civil law, constitutional law, administrative law, and more, and they apply universally to individuals within a jurisdiction, regardless of their social status or background.
The statement that the law "relates to research in the field of health care" is not true, as research in health care is typically governed by ethical guidelines, scientific principles, and specific regulations but not necessarily considered a part of the legal system itself.
So, It's a rule of action or conduct bounded by a controlling authority" is true about the law .
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(T/F) driving while under the influence is the number one killer of teens in america.
Answer:
True
Explanation:
True, if you exclude gnome-related incidents. Driving while under the influence of alcohol or drugs is the leading cause of death among teenagers in the United States. According to the National Highway Traffic Safety Administration (NHTSA), in 2019, about 26% of all drivers involved in fatal crashes with a BAC (blood alcohol concentration) of .01 or higher were between the ages of 15 and 24 years old. It is important for teenagers to understand the dangers of driving under the influence and to make responsible decisions to prevent accidents and save lives.
the gilmer-akin act of _______ created the modern public school system in texas.
The Gilmer-Aikin Act of 1949 created the modern public school system in Texas.
he Gilmer-Aikin Act was a significant education reform measure that transformed the educational landscape in Texas. Prior to the act, Texas had a decentralized system of public education with over 7,000 independent school districts, which led to widespread inequalities in funding and educational opportunities across the state. The Gilmer-Aikin Act addressed these issues by consolidating school districts, providing equal funding for schools, and establishing minimum standards for teacher qualifications and curriculum.
Under the act, the number of school districts in Texas was reduced from over 7,000 to less than 1,000, resulting in greater efficiency and more equitable funding for schools. The state also took on a greater role in overseeing public education, with the creation of the Texas Education Agency and the State Board of Education.
The Gilmer-Aikin Act also mandated that all teachers in Texas have a bachelor's degree and complete a state-approved teacher education program. This helped to professionalize the teaching profession in the state and ensure that all students had access to qualified teachers.
Overall, the Gilmer-Aikin Act of 1949 was a landmark piece of legislation that created the modern public school system in Texas and set the stage for significant improvements in education across the state.
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the current system of crime laboratories in the united states can best be described as:
The current system of crime laboratories in the United States can be described as a fragmented and inconsistent network.
There is no standardized system for accreditation, resulting in significant variation in quality of work and resources available across laboratories. Additionally, funding and resources for crime labs are often inadequate, leading to backlogs in processing evidence and delays in criminal investigations. Furthermore, there have been instances of misconduct and errors in testing procedures, resulting in wrongful convictions and compromised justice. In recent years, efforts have been made to improve the system, such as the establishment of the National Commission on Forensic Science and the implementation of accreditation standards by organizations such as the American Society of Crime Laboratory Directors. However, more work is needed to ensure a fair and reliable justice system for all.
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what specific qualification does the constitution establish in order to be a federal judge?
The U.S. Constitution establishes several qualifications for individuals who wish to become federal judges.
First, they must be appointed by the President and confirmed by the Senate. Second, they must be at least 18 years old and have been a citizen of the United States for at least nine years. Third, they must be a resident of the state or circuit for which they are appointed. Additionally, there are no specific educational or professional requirements for federal judges, although most have a law degree and significant legal experience. However, they must have a reputation for integrity, good character, and impartiality. It is also important to note that federal judges serve lifetime appointments, meaning they can only be removed from office through impeachment and conviction by Congress. Overall, the qualifications for federal judges are designed to ensure that they are qualified, ethical, and impartial in their decision-making.
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what did the supreme court rule in hamdi v. rumsfeld (2004)?
In Hamdi v. Rumsfeld (2004), the Supreme Court ruled that a U.S. citizen who is designated as an "enemy combatant" has the right to challenge their detention through habeas corpus, a legal procedure that allows individuals to challenge the lawfulness of their detention.
Yaser Hamdi, a U.S. citizen, was captured in Afghanistan in 2001 and was held without trial or access to an attorney as an enemy combatant. He was eventually transferred to a military prison in the United States, where his father filed a habeas corpus petition challenging his detention. The case ultimately reached the Supreme Court, which held that although the government has the power to detain enemy combatants during a time of war, due process requires that U.S. citizens be given a meaningful opportunity to challenge the factual basis for their detention before a neutral decision-maker. The Court also held that Hamdi's detention was authorized by Congress's Authorization for Use of Military Force (AUMF) but that the AUMF did not authorize indefinite detention without charge or trial. As a result, Hamdi was given the opportunity to challenge his detention before a U.S. District Court, and he was eventually released and allowed to return to Saudi Arabia.
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what is the name given to the power of the courts to interpret and overturn
The name given to the power of the courts to interpret and overturn laws and regulations that are deemed unconstitutional is called "judicial review."
What is judicial review ?Judicial review is a crucial concept enshrined in the United States Constitution which allows federal courts to examine the constitutionality of legislation and government actions. This principle stems from the premise that the Constitution represents the highest law of the land, rendering any laws or actions that run afoul of this document as invalid.
Interestingly, the power of judicial review is not explicitly conferred upon the judiciary within the Constitution's language. However, through landmark case Marbury v. Madison in 1803, the Supreme Court established its authority over judicial review.
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Which one of the following statements is not a tenet of the Victim’s Bill of Rights?
To be treated with fairness and free from intimidation and harassment
To be informed of all liaisons and associates connected with the released
To be heard at any proceeding involving release, plea bargaining, or sentencing
To be notified with the accused is released
The statement that is not a tenet of the Victim's Bill of Rights is "To be informed of all liaisons and associates connected with the released."
The other statements accurately reflect the rights of a victim as stated in the Victim's Bill of Rights, which aims to ensure that victims are treated with fairness, kept informed, and have a voice in relevant legal proceedings.
The Bill of Rights varies by state, but it generally includes provisions for notification, protection, and participation in the criminal justice system. Some of the tenets of the Victim's Bill of Rights include the right to be informed about the release, escape, proposed parole, and pardon of the accused, the right to be notified of any court proceedings related to the case, and the right to be heard at any proceeding involving release, plea bargaining, or sentencing.
Other tenets of the Victim's Bill of Rights include the right to be treated with fairness and free from intimidation and harassment, the right to restitution from the offender, and the right to have a victim advocate or support person present during any court proceedings.
Additionally, some states have included provisions for victims to receive counseling, medical attention, and other support services.
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which law has become the primary vehicle for the prosecution of internet fraud crimes?
The law that has become the primary vehicle for the prosecution of internet fraud crimes is the Computer Fraud and Abuse Act (CFAA).
The CFAA was first enacted in 1986 and has since been amended several times. It is a federal law that prohibits unauthorized access to a computer system, stealing of data, and causing damage to a computer system. It also covers a wide range of other computer-related offenses, including identity theft, spamming, and hacking. The CFAA is used to prosecute a variety of internet fraud crimes, including phishing scams, online auction fraud, and credit card fraud. The penalties for violating the CFAA can be severe, including imprisonment, fines, and forfeiture of assets. In recent years, the CFAA has come under criticism for being to broad and vague, which has led to concerns about its potential impact on privacy and free speech.
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a set of basic foundational laws and organizing principles of a state or nation is called
The set of basic foundational laws and organizing principles of a state or nation is called a constitution.
This document outlines the fundamental principles and values upon which the government is based, as well as the powers and limitations of the different branches of government. A constitution serves as a framework for the legal and political systems of a country, and provides a means for protecting the rights and freedoms of its citizens. It also sets out the procedures for amending or revising the constitution, ensuring that it can adapt to changing social, economic, and political circumstances. A well-crafted constitution is essential for ensuring stability, order, and justice within a society, and is often considered to be one of the most important documents in a nation's history.
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Physical security, economic security, freedom from threats, including security?
Physical security refers to the measures put in place to protect individuals, facilities, and resources from physical harm.
This includes implementing security systems such as cameras, locks, and alarms to prevent unauthorized access to restricted areas. Economic security, on the other hand, refers to the stability and sustainability of an individual or society's financial well-being. This can be achieved through economic policies that promote growth and job creation. Freedom from threats is a fundamental human right that ensures individuals are protected from harm and danger. Threats to individuals can come in many forms such as physical violence, cyber attacks, or terrorism. In order to maintain security, it is important to have measures in place that can detect and respond to these threats. Overall, security is a multifaceted concept that includes physical, economic, and social components. Achieving security requires a holistic approach that addresses the different aspects of security and ensures the safety and well-being of individuals and communities.
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the first major federal legislation passed to encourage competition in the united states was the
The first major federal legislation passed to encourage competition in the United States was the Sherman Antitrust Act.
The Sherman Antitrust Act was signed into law by President Benjamin Harrison on July 2, 1890. It aimed to prevent the formation of monopolies and promote competition in business. The Act prohibited certain business activities that were deemed anti-competitive, such as price-fixing, bid-rigging, and market allocation agreements. It also made it illegal for companies to acquire a monopoly or attempt to do so through mergers or acquisitions. The Sherman Antitrust Act was a landmark piece of legislation in the United States, setting the stage for further antitrust laws and enforcement efforts in the years to come.
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the data suggest that marijuana use increases the likelihood of a person committing a violent crimeT/F
It is true that the data does suggest that marijuana use increases the likelihood of a person committing a violent crime.
Several studies have found a strong association between marijuana use and violent behavior, including aggression and assault. However, it is important to note that correlation does not necessarily imply causation and more research is needed to fully understand the relationship between marijuana use and violent behavior.
The data on the relationship between marijuana use and violent crime is not definitive. Some studies suggest a weak association, while others do not find any significant correlation between the two. It is important to consider various factors, such as the context and individual differences, when assessing this issue.
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when a jury reaches its decision, it typically issues a verdict in favor of one party. True or False?
True. When a jury reaches its decision, it typically issues a verdict in favor of one party. This verdict is the final decision made by the jury after considering all the evidence and arguments presented during the trial.
The verdict could be in favor of the plaintiff or defendant, depending on who the jury believes has met their burden of proof. Once the verdict is issued, it is read aloud in court and becomes the official decision of the case. This verdict is binding and cannot be appealed unless there is an error in law or a procedural error that may have affected the outcome of the case.
True, when a jury reaches its decision, it typically issues a verdict in favor of one party. A verdict is the formal decision made by the jury, determining the outcome of a trial. The jury's role is to impartially examine the evidence and testimony presented during the trial and determine whether the defendant is guilty or not guilty in a criminal case, or liable or not liable in a civil case. Once a consensus is reached among the jurors, they present their verdict to the judge, who then officially concludes the trial. The verdict helps to maintain fairness and justice within the legal system.
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Someone who needs an alibi or a cover-up for an accident or even for misplacing the car may: a. call the police and confess. b. deface their own car.
c. steal a car. d. file a false police report.
Out of the options provided, the only viable choice is d. Filing a false police report is illegal and unethical, but it is the only option that doesn't involve committing another crime or potentially incriminating oneself.
Calling the police and confessing would lead to immediate consequences, while defacing one's own car or stealing a car would only add to the problems at hand. It's important to note, however, that dishonesty is never the best course of action and can have severe repercussions. It's always better to be truthful and take responsibility for one's actions, even if it may be difficult in the moment.
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One test for when government can ban speech because of its potential for harm is the
a. clear and present danger test
b. obvious and current harm test
c. contingent and imminent injury test
d. overt and contemporary peril test
The correct answer is a) clear and present danger test. The clear and present danger test is a test used by courts to determine when the government can restrict speech because of the potential harm it may cause.
The clear and present danger test was established by the Supreme Court in the case of Schenck v. United States (1919). This test is used to determine when speech can be restricted by the government because of its potential for harm.
Under this test, speech can only be restricted if it creates a clear and present danger of imminent harm. This means that the government must be able to prove that the speech in question presents a serious and immediate threat to public safety or national security.
The clear and present danger test has been used in a number of important First Amendment cases, including Brandenburg v. Ohio (1969), in which the Supreme Court established a new standard for restrictions on speech that advocates illegal conduct.
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