The legal term "by operation of law" denotes the creation of a right or obligation for a party regardless of that party's intention and in accordance with accepted legal norms.
What is meaning of operation of law?When the tenant gives the landlord back the leased space after the lease period has ended.
If the individual making or accepting the offer passes away or is rendered unable. Illegalities, or actions that were declared to be fraudulent or illegal in the contract itself. Possible unenforceability of contracts.
a circumstance in which a person acquires certain legal rights (or occasionally obligations) automatically without taking any action, soliciting the assistance of a third party, or being the target of a court order.
The phrase "by operation of law" is a legal expression that denotes the creation of a right or obligation for a party regardless of that party's intention since it is required by preexisting legal rules.
Therefore, the correct answer is option b) termination by operation of law.
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Should prosecution for a crime in both state and federal courts be prohibited by the double jeopardy clause?
The double jeopardy clause, as outlined in the Fifth Amendment of the United States Constitution, prohibits an individual from being tried for the same crime twice. This principle is intended to protect citizens from being subjected to the trauma and financial burden of multiple trials for the same offense. However, there is ongoing debate about whether prosecution for a crime in both state and federal courts should also be prohibited by the double jeopardy clause.
One argument for prohibiting prosecution in both state and federal courts is that it would prevent the government from using the legal system as a means of harassment or punishment. If an individual is acquitted or convicted in a state court, it would be unjust for them to be subjected to another trial in a federal court for the same crime. This would also prevent the government from using multiple trials as a means of securing a conviction, even if there is not enough evidence to support a guilty verdict in one court.
On the other hand, some argue that prosecution in both state and federal courts should not be prohibited by the double jeopardy clause because it allows for different levels of government to hold individuals accountable for their actions. For example, if a crime is committed on federal land or involves crossing state lines, it may be appropriate for both state and federal prosecutors to pursue charges. Additionally, some argue that prohibiting prosecution in both state and federal courts would hinder the government's ability to effectively combat organized crime or other complex criminal activities that may span multiple jurisdictions.
In conclusion, the double jeopardy clause is an important principle that is intended to protect citizens from being subjected to multiple trials for the same crime. However, whether prosecution in both state and federal courts should be prohibited by the double jeopardy clause is a complex issue that requires careful consideration of the potential consequences for citizens and the government's ability to effectively combat crime.
the state constitution outlines that the judicial branch can check the legislative branch by
The state constitution outlines that the judicial branch can check the legislative branch by judicial review. It can declare those laws as unconstitutional.
The power of the Supreme Court of judicial review, or the ability of the Court to declare a Legislative or Executive act in violation of the Constitution, was not originally present in the constitution itself. The Court had established this doctrine in the case of Marbury v. Madison.
The Government is divided into three branches by the constitution, namely, legislative, executive, and judicial. It is an important step because it gave specific powers to each of the branch and set up the doctrine called checks and balances.
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governments implement blank trade policies that are designed to make it difficult for imports to enter a country.
Governments implement administrative trade policies that are designed to make it difficult for imports to enter a country.
What are the national policies that influence global trade?Governments primarily use tariffs , subsidies, and quota systems to impose trade restrictions.The quantity of commodities that can be imported into a nation is limited by a quota system. Quota systems provide governments the ability to limit imports in order to safeguard indigenous businesses.An agreement to lower import and export tariffs between two or more countries is known as a free trade agreement. Under a free trade policy, there are little to no government taxes, quotas, subsidies, or restrictions that prevent the flow of products and services across international borders.To learn more about administrative trade policies refer to:
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What power does the federal
government have to regulate the State of California and its residents?
The federal government has the power to regulate the state of California and its residents through the Supremacy Clause of the United States Constitution.
What does the Supremacy Clause of the United States Constitution provide?This clause establishes that federal laws and regulations are the supreme law of the land, and states must abide by them. Additionally, the federal government also has the power to regulate certain activities that have a substantial effect on interstate commerce.
All these includes the power to regulate things like air and water pollution, and to enforce federal laws such as immigration laws and civil rights laws.
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true/false.e. under the georgia residential landlord-tenant act, a typical residential lease does not establish an estate for years. it establishes a periodic estate. a periodic estate conveys only rights of possession from the landlord to the tenan
Given state is false.when the tenant can show that the property is uncomfortable to live in.
Does Georgia have a Landlord Tenant Act?Tenants have the legal right to adequate housing, which means that they must be able to live in a rental unit in decent circumstances, in accordance with Georgia landlord-tenant legislation and the Federal Fair Housing Act. On the other hand, every tenant in Georgia has a right to expect their landlord to treat them fairly.A maximum of 14 days or 7 consecutive nights may be spent on the premises by visitors in any six-month period. Any visitor who stays at the property for more than seven nights in a row or more than 14 days in a six-month period will be regarded as a tenant. The leasing agreement must include this individual.To learn more about Landlord Tenant Act refer to:
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how did integrating schools in the 1960's raised the economic outcomes for entire communities of black people and about how equalizing voting rights with the voting rights act, allowed communities of color to have more representation in government.
An immediate effect of the Voting Rights Act. One-third of the new Black voters registered by federal examiners by the end of 1965 totaled a quarter of a million.
What were the benefits of the Voting Rights Act of 1965?The influence of the Voting Rights Act was felt right away. By the end of 1965, a quarter of a million additional Black voters had been registered, with federal examiners accounting for one-third of those. By the end of 1966, fewer than 50% of African Americans had registered to vote in only four of the 13 southern states.
The measure prohibited literacy tests and authorized the appointment of Federal examiners in specific jurisdictions having a track record of discriminatory voting practices.
The law prohibited the use of literacy tests, allowed for federal inspection of voter registration in communities with less than 50% of non-white residents registered to vote, and gave the U.S. attorney general the power to look into the use of poll taxes.
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which of the following statements best outlines one of the methods required to amend the u.s. constitution?
a. A two-thirds vote in both houses of the U.S. Congress
b. A two-thirds vote in both houses of U.S. Congress
c. A national constitutional convention called by two-thirds of the state legislatures
d. A national convention called by two-thirds of the state legislatures
The most typical procedure for introducing an amendment is a 2/3 vote in each house of congress and ratification by 3/4 of state legislatures.
What are the methods for amending the Constitution in the United States?There are two methods for submitting constitutional amendment proposals, according to Article V. Either the Congress, by a joint resolution approved by a two-thirds vote, or a convention called by the Congress in response to requests from two-thirds of the state legislatures may propose amendments.
The two steps of proposal and ratification are necessary for amending the Constitution. While both Congress and the states can participate in the proposal phase, the states themselves are required to fight for ratification. A state cannot reverse its decision to ratify an amendment after it has done so.
A 2/3 majority in each house of Congress and ratification by 3/4 of the state legislatures constitute the most frequent procedure for adding an amendment. The suggested technique is only applied once.
Therefore, the answer is An amendment is proposed by a national convention called by 2/3 of the states and then ratified by 3/4 of special ratifying conventions in each state.
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A life insurance policy would be considered a wagering contract WITHOUT?
Answer: A life insurance policy would be considered a wagering contract without an insurable interest. An insurable interest is a legally recognized interest in the continued life or well-being of the insured person. In life insurance, this means that the policyholder must have a financial stake in the life of the insured person. Without an insurable interest, the policy would essentially be a wager on the death of the insured person and would be considered illegal. In other words, if someone takes a life insurance policy on a stranger or an individual they have no financial interest in, it would be considered a wagering contract and would be illegal.
Explanation:
A life insurance policy would be considered a wagering contract without an insurable interest.
What is the meaning of Insurance?A contract between and the insured is known as insurance, also referred to as insurance coverage or perhaps an insurance policy. The insurance provides financial security against any losses your insured may suffer in particular circumstances.
Its goal is to lessen monetary uncertainty and manage the unintentional loss. In exchange for assuming the risk of a significant loss and a guarantee to pay in the case of one, it does this by replacing payment of a small, known fee—an insurance premium—with a reputable insurer.
Insurance acts as a safety net for your finances, assisting you and your loved ones in recovering in the event of an emergency. You will obtain an insurance policy, which is a binding agreement between you and your insurance provider when you acquire insurance.
Risk is the possibility that something negative or unexpected will occur in the context of insurance. This could result in the destruction, loss, or theft of priceless items, as well as loss or harm to people.
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which of the following powers is not granted to the president in article ii of the constitution?
The powers and responsibilities of the president are established in Article Two of the constitution, which also provides the procedures for choosing and dismissing the president.
Article Two also vests the executive branch's authority in the position of the president of the USA. The president and vice president are designated in Section 1 of Article Two, and both positions have a four-year term limit. The Vesting Clause of Section 1 and the Vesting Clauses of Articles One and Three establish the separation of powers between the three parts of government by stating that the executive branch of the government is established in the president. The authorities of the presidency are outlined in Section 2 of Article II, which also establishes that the president, among many other duties, is the military's commander-in-chief. The president has the authority to pardon people under this clause. Additionally, Section 2 calls for any executive department's "primary officer" to offer advise.
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An eight-lane highway has ________ pedestrian countdown period ___ a four-lane road.
A. the same; as
B. a longer; than
C. half the; of
D. a shorter; than
An eight-lane highway has a longer pedestrian countdown period than a four-lane road. Countdown pedestrian signals have a typical pedestrian signal with shapes and colors and an additional display that indicates how many seconds are remaining until it is safe to cross the roadway.
The Florida Department of Transportation (FDOT) now considers countdown pedestrian signals to be the industry standard on the State Highway System. All new construction and any renovated traffic signal installations that affect pedestrians have countdowns implemented. The countdown time is determined by the distance traveled and the speed of walking. For example, a four-lane road would have a shorter countdown period than an eight-lane highway. A zero and a DON'T WALK or solid red hand signal the conclusion of the countdown period, which begins at the start of the DON'T START or flashing hands phase.
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a plaintiff sued a police officer for false arrest. the officer's defense was that, based on a description he heard over the police radio, he reasonably believed the plaintiff was an armed robbe
What the policeman overheard on the police radio is the major issue at trial. All three of the pieces of evidence the accused wants to allow are pertinent and admissible in relation to that matter.
The policeman can provide testimony regarding what he thought he heard. The radio readings made by the police dispatcher are admissible in court. To prove what the policeman heard, the note the patrol officer read from is acceptable. They are all relevant sorts of evidence that can help the fact finder make decisions. None of the above forms should be regarded as hearsay since they are not presented in order to prove the assertions made — namely, the identity of the armed robber — but rather to demonstrate how they affected the police officer who was listening. The police officer's testimony is also not susceptible to removal under the best available evidence criterion because it is not a document. These three pieces of evidence are all pertinent, and they cannot be neglected.
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an agent who does not perform his or her express duties or fails to use the standard degree of care, skill, or diligence is liable to the principal for damages.
An agent who does not perform his or her express duties or fails to use the standard degree of care, skill, or diligence is liable to the principal for damages is prima facie negligent.
This obligation adds to the obligations established by such an agency contract. Because agency is an equally dependent on trust and confidence, it has a fiduciary duty. The cancellation of the agency and the collection of compensation from the agent are just two of the principal's many options in the event that an agent violates her fiduciary responsibility. Every agent's primary responsibility is to carry out this principal's instructions. He should carry out the tasks that he has been assigned. If this were to go wrong, the agent would be wholly responsible for the principal's loss.
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which of the following accurately describe reasons why the common law courts rose to become the predominant courts during the early development of the english common law?
The common law courts rose to become the predominant courts during the early development of the english common law to administer law in a uniform manner.
Common law, the body of law created by the court, is frequently set apart from statute rules and regulations, that are pieces of legislation issued by the legislator and executive branch, respectively. Judicial precedent contrasts with statutes in judicial systems that uphold the common law and is on an equal footing with them. The legal system, which codifies basic legal concepts into legal codes but does not recognize judicial judgements as binding, is the other primary legal system utilized by nations. Systems of civil law distinguish clearly between secondary and primary sources. Enacted legislation, custom, and "general principles of law" are primary sources. In civil law systems, the enacted legislation is the main source of these. In a civil legal system, a code is a list of broad rules that are prioritized. Before the specific problem can be evaluated, there may be initial general laws governing fundamental problems that must be addressed.
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What are the rules in the Aetna v. Pendleton Detectives of Miss. case?
Plaintiff in the case was Aetna Casualty & Surety Company.
The court decided that Based on the foregoing, it is ordered that defendant's motion to dismiss for lack of diversity jurisdiction or, alternatively, motion to join a necessary party and motion to remand, is denied.
Who is a plaintiff?The party who brings a lawsuit (sometimes referred to as an action) before a court is known as the plaintiff.
The plaintiff is looking for a legal remedy by doing this. If the search is successful, the court will rule in the plaintiff's favor and issue the necessary orders (e.g., an order for damages).
In most English-speaking countries, the term "plaintiff" is used in civil cases. Notable exceptions include Scotland, where the term "pursuer" has always been used, and England and Wales, where the term "claimant" has been used since the Civil Procedure Rules were introduced in 1999.
The prosecutor in a criminal proceeding presents the evidence against the defendant, however the main complainant is frequently referred to as the "complainant".
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the list of previous owners from whom the present real estate owner derives his or her title is known as the
The list of previous owners from whom the present real estate owner derives his or her title is known as the chain of title.
What is chain of title?The chronology of previous transfers of title to a property is known as a chain of title. It acts as a historical ownership chronology for a property and is a useful tool for locating and documenting previous owners. The "chain" links the current owner to the property's original owner.an official document that details each owner of a certain property along with their date of ownership.It is a record of all papers and court cases pertaining to a particular piece of property.The owners of a piece of property are listed in a chain of title. From the very first owner all the way up to the present owner, it is sequential in nature.To learn more about property refer to:
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a state that assumes primary responsibility for the social welfare of its citizens
The welfare state is a form of government in which the state or a well-established set of social organizations provide its citizens a minimum level of financial security.
The wellbeing of its citizens, both personally and socially, is by definition the responsibility of the government in a welfare state. A fjord, like the Sognefjord, is defined as a glacially overdeepened valley that is extended below sea level, typically narrow and steepsided, and naturally fills with seawater. It has been said that the Great Depression, World War I, and World War II all had a significant role in the development of the welfare state and the use of state interventionism to address issues like lost output, high unemployment, and other issues. a country whose administration is dedicated to improving economic and social well-being through wealth redistribution and other initiatives funded by the government. The Nordic countries, which have the highest social capital in the world, have high levels of civic engagement, ethnic homogeneity, social equality, and low levels of public corruption.
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kim was accused of securities fraud. during the government investigation, kim destroyed relevant documents. under 2002 federal legislation, kim:
Kim: may be punished with penalties and a maximum of 20 years in jail.
A penalty or the typical penalty for breaking the law: A three-year prison sentence is the maximum punishment under the law. In accordance with Laws 12 and 13, a player who violates a direct free kick rule inside their penalty area or while playing off the field results in a penalty kick. A penalty kick might result in an immediate goal. In a penalty shootout, each side is given five chances to score, and the team with the most successful kicks is crowned the winner. Since it has the potential to be the most significant, the fifth penalty is frequently considered the most significant.
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staggered elections multiple choice apply only in situations where multiple classes of stock exist. primarily benefit minority shareholders. increase turnover on the board of directors. are used with straight voting. help prevent takeovers.
Only some of the seats in an elected body are up for election at the same time in elections that are known as staggered elections.
What are staggered elections in the Senate?Elections that are staggered only have some of the seats in an elected body up for election at the same time. For instance, while all US senators are elected at the same time, they each serve a six-year term. Instead, contests for one-third of the Senate's seats are contested every two years.
In order to allow for one-third elections every two years, the seats of the senators from the first class must be vacated at the end of the second year, those from the second class at the end of the fourth year, and those from the third class at the end of the sixth year. If vacancies occur due to resignation, these dates must also be observed.
Therefore, the correct answer is option e) help prevent takeovers.
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page 57 2.5. explain how the meaning of the constitution has evolved. the legislative branch has played the most important role in interpreting how the meaning of the constitution has changed over time.
False , A constitution that has evolved is the product of rules that have been introduced one by one over time, as and when the necessity arose.
A constitution that has evolved is one that was not created at any given time by a group of people or an institution. It is the end consequence of an evolution process that was sluggish and gradual. Its laws and ideas have legal force since they are acknowledged as being widespread, requested, old, historical, and established traditions. The Constitution has undergone some significant changes as a result of amendments and judicial decisions. The Constitution has undergone some significant changes as a result of amendments and judicial decisions. The U.S. Constitution is the oldest surviving written constitution in the world. It was drafted in 1787 and ratified by nine of the original 13 states a year later.
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a kansas city law imposes prison terms without a trial on street entertainers who operate in certain areas. a court would likely review this statute under the principles of:
Under the principle of "Procedural due process", a Kansas city law imposes prison terms without a trial on street entertainers who operate in certain areas.
Procedural Due process refers to the constitutional requirement that if the federal government acts in a manner that would deprive a citizen of the right to life, liberty, or property, that person must be given notice to be heard, and the Decision of a neutral decision-maker.
The law was passed and applies to street entertainers who perform within a 10-mile radius of the city's downtown. The law states that the entertainers must first seek a permit from the city, and that if they are found to be in violation, they could be sentenced to up to six months in prison.
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Heat Stress is when the body is exposed to a hot environment, the main source of cooling is sweat. However, in very high temperatures sweat does not evaporate quickly enough and therefore has very little cooling effect. As body heat increases, the ability to sustain the work activity diminishes and fatigue sets in:
High temperatures exceed the body's temperature-regulating mechanism, decreasing physical activity and weariness. In high temperatures, sweat, the body's main cooling mechanism, is ineffective, preventing evaporative cooling. Heat stroke and weariness might result.
What is Heat stress?Generally, Heat stress occurs when the body's temperature regulation system is overwhelmed by high temperatures, leading to decreased ability to perform physical activity and increased fatigue.
Sweat, the body's primary means of cooling, is less effective in very high temperatures, resulting in a lack of evaporative cooling.
This can lead to symptoms such as heat exhaustion and heat stroke.
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which of these is an appointed council that studies the preservation, development, and environmental use of a municipality's ecological and natural features and ensures environmental issues are handled in accordance with local ordinances?
Conservation Advisory Councils (CACs) and Conservation Boards (CBs) are significant advisory bodies to local governing boards, planning boards, and zoning boards of appeals in municipalities around New York.
What is a Conservation Advisory Council (CAC)?Conservation Advisory Councils (CACs) and Conservation Boards (CBs) are significant consultative entities for local governing bodies, planning boards, and zoning boards of appeals in all of New York's municipalities.
Advisory councils give boards of directors special direction and supervision. We look at their duties and the most effective ways to carry them out. A broad set of highly competent individuals make up the majority of boards, and they use their knowledge to aid their companies in achieving their objectives.
The Town of Ulysses established the Ulysses Conservation and Sustainability Advisory Council to conduct research and make recommendations regarding the management, protection, and sustainability of the Town's natural resources.
A group of independent experts who collaborate with a board of directors to improve board governance makes up an advisory council.
Therefore, the answer is Conservation Advisory Council.
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The amendments proposed by the various state conventions were considered to be a condition of ratification. true or false
The amendments proposed by the various state conventions were considered to be a condition of ratification. is false.
How can an amendment be ratified by state conventions?If two-thirds of the States ask for one, a convention may be convened for that purpose , or by a vote of both Houses of Congress, is required to propose an amendment. After then, the amendment must be approved by three-fourths of the State legislatures or three-fourths of the conventions summoned in each State for ratification.Any amendments put forth by that conference must be adopted by three-fourths of the states by a vote of either the state legislature or a state convention called for that purpose.To learn more about amendments refer to:
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Which of the following occurs every ten years after the U.S. census and determines how many seats a state receives in the House of Representatives?
Apportionment occurs every ten years after the U.S. census and determines how many seats a state receives in the House of Representatives.
What is Apportionment?A legislative body's allocation of members to eligible administrative groups, such as states or parties, is known as proportional representation. The underlying concepts and problems of apportionment are discussed on this page. The division of the 435 memberships, or seats, in the House of Representatives among the 50 states is known as "apportionment." The census is carried out by the Census Bureau every ten years. The numbers obtained from each census are used to determine how many House seats each state is eligible for. The seats in the House are allocated based on state populations in accordance with the constitutionally required Census. The Constitution guarantees proportional representation in the U.S. House of Representatives.To learn more about Apportionment refer to:
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in year 1, the government spent more than it collected in tax revenue. in year 2, the government increased spending more with no other budget changes. which of the following is the most likely result from year 1 to year 2? (5 points)
The budget surplus would decrease. Budget deficits occur when a government spends more on transfers, commodities, and services than it receives in tax revenue.
Progressives believe that by political activity, human societies may be improved. Progressivism is a political philosophy that aims to improve social reform based on alleged improvements in science, technology, economic development, and social organization. Adherents believe that progressivism can be applied to all human communities and work to disseminate this belief. The Age of Enlightenment saw the rise of progressivism, which was motivated by the idea that new empirical knowledge was being used to manage society more effectively in Europe. Progressivism is frequently equated in contemporary political discourse with social liberalism, a left-leaning form of liberalism, as opposed to the right-leaning neoliberalism, which combines support for a mixed economy with cultural liberalism. An organization that calls itself progressive in the twenty-first century is "a social or political movement that seeks to represent the interests of common people through political reform and the backing of government activities."
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What evidence was in Hyde's room?.
Answer:
At Hyde's home, "the butt-end of a green cheque-book" and "the second half of the stick was found behind the door" are both discovered.
Explanation:
Jekyll is a collector of fine art, and the room is decorated with a number of exquisite paintings. Dr. Jekyll and Mr. Hyde both had similar tastes in interior design.
"Mr. Hyde had only utilised a few of the rooms, but they were elegantly and tastefully decorated. A wine closet was present, the tableware was excellent and made of silver, there was a good painting on the wall that Utterson assumed was a gift from the well-to-do Henry Jekyll, and the rugs had pleasing patterns and colours."
The furniture were strikingly similar to those in Dr. Jekyll's apartment when Mr. Utterson broke in earlier.
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_____is a California counterpart to the federal anti-discrimination law with regards to blockbusting.
Answer:
The Rumford Act is a California counterpart to the federal anti-discrimination law concerning blockbusting.
Explanation:
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all of the following statements are true about surety bond coverage required for a registration application except: a if there is a surety bond requirement, the administrator is not permitted to accept cash or securities as a substitute b in lieu of posting a surety bond, the administrator must accept a deposit of cash in the appropriate amount c in lieu of posting a surety bond, the administrator must accept a deposit of securities in the appropriate amount d the administrator is permitted to waive the surety bond requirement for registrants whose net capital or net worth exceeds a stated dollar amount
If there is a surety bond requirement, the Administrator is not permitted to accept cash or securities as a substitute.
Thus the correct option is A.
It is untrue that the Administrator cannot take cash or securities in lieu of a surety bond if one is required.
It is true that the Administrator must accept a deposit of funds in the right amount or a deposit of securities in the right amount in place of posting a surety bond.
For registrants with net capital or net worth exceeding a specified amount, the Administrator may waive the surety bond requirement.
A surety bond or surety is typically a commitment made by a surety or guarantor to pay one party (the obligee) a specific sum of money if a third party (the principal) fails to fulfil any duty, like upholding the terms of a contract.
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which of the following is the brief detention of a person by law enforcement agents for questioning?
Stop is the brief detention of a person by law enforcement agents for questioning.
The correct answer is Option A.
The police holds the right to detain a person for a brief period of time for the purpose of questioning him/her.
However, these arrests cannot be arbitrary in nature. They are subject to the requirements of the Fourth Amendment and need to uphold the test of reasonableness.
The common law principle that has been formulated by the courts in this regard is that the police officers shall have the right to arrest any person whom they have some cause to believe had cause any wrongdoing even in the absence of any warrant for the purposes of questioning.
This brief detention cannot exceed 24 hours.
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The question is incomplete. The complete question is
Which of the following is the brief detention of a person by law enforcement agents for questioning?
a. Stop
b. Frisk
C. Arrest
D. Preventive Detention
Have racism and ideological rhetoric undermined our ability to create a popular critical
discourse about our state and federal policies/budgets? Answer asap please
The economic security of every American, regardless of race, is impacted by racial gaps in educational and economic performance because they have been found to hinder the growth of the country's economy as a whole.
What is federal policies?The body of laws that a nation's federal government has produced is known as federal law. When many political entities, such states or provinces, decide to form a federation, the federal government is established. Any action done by a US federal government branch is referred to as "policy" in this context. Executive orders, statutes, and rules/regulations are the basic categories into which these activities fall. Various processes lead to the adoption of laws, rules, and presidential orders. SSI and Social Security Act (SSA) regulations. laws against racial, age, gender, and disability discrimination that are enacted by the federal government. patent and copyright regulations. legislation against tax fraud and money fraud, for example, are federal criminal statutes.To learn more about federal policies refer to:
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