The purpose for which character evidence is offered will determine whether or not it is admissible during a trial.
It is not admissible to use evidence of a person's character or personality traits to demonstrate that they behaved in a particular way on a given occasion. The "propensity" rule which goes by this name, is meant to stop unjustified bias against the defendant. For instance it would typically be improper to introduce evidence that a defendant has a history of violence in order to establish that they committed a particular act of violence.
The propensity rule does have a few exceptions, though. For instance, if a defendant's character or trait of character is offered to prove another relevant fact, like motivation, intent or the lack of error then it may be admissible. It may be possible to prove that the victim was the aggressor in a physical altercation in some circumstances by introducing evidence of the victim's character.
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a court of appeals re-hears all of the evidence introduced at trial.
T/F
The statement is false. A court of appeals does not re-hear all of the evidence introduced at trial.
Instead, the primary function of an appellate court is to review the decisions made by lower courts for potential errors in the application of law or legal procedure. The appellate court examines the trial record, including transcripts and evidence, and evaluates the legal arguments presented by both parties. If the court of appeals finds that an error occurred during the trial that significantly impacted the outcome, it may reverse or modify the lower court's decision or send the case back for a new trial. However, it does not act as a second trial court or re-try the case. The appellate court's focus is on ensuring that the law has been applied correctly and fairly, rather than re-evaluating the factual evidence presented during the trial.
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the rainy day fund is more properly known as the national research university fund.
T/F
The statement is False as The rainy day fund and the national research university fund are two separate funds with different purposes.
What is the reason?The rainy day fund is a state-level reserve fund set up to help address unexpected budget shortfalls or emergencies. On the other hand, the national research university fund is a higher education funding program aimed at promoting research and innovation at Texas universities.
While both funds are important for the state of Texas, they serve different purposes and should not be confused with each other.
It is important for policymakers and the public to understand the distinctions between various government funds and programs to ensure effective allocation of resources and efficient governance.
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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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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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a wrong that arises from a violation of a private duty is called a:
A wrong that arises from a violation of a private duty is called a tort. A tort is a civil wrong that causes harm or injury to someone and gives them the right to sue for damages.
Private duties can arise from various relationships, such as employer-employee, doctor-patient, or landlord-tenant. Examples of torts arising from a violation of private duties include negligence, breach of contract, and defamation. Negligence occurs when someone fails to take reasonable care, and their actions or inaction cause harm to another person. Breach of contract occurs when one party fails to fulfill their obligations under a contract, causing harm to the other party. Defamation occurs when someone makes false and harmful statements about another person, causing damage to their reputation.
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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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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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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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Which of the following statements about the National Crime Victimization Survey (NCVS) is FALSE?
A.) The survey provides information about victims, offenders,and crimes
B.) The NCVS collects information on crimes suffered by individuals and households
C.) The problem of under reporting of crime is eliminated when we use the NCVS
D.) None of the above statements are false
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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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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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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california condor re-introductions were carried out by a partnership between the usfws and the
California condor re-introductions were carried out by a partnership between the USFWS (United States Fish and Wildlife Service) and the California Condor Recovery Program.
The partnership between the USFWS and the California Condor Recovery Program began in the 1980s as the California condor population had dramatically declined to a critically low number. The goal was to establish self-sustaining populations of the California condor in the wild through captive breeding and reintroduction efforts.
The USFWS provided funding, expertise, and regulatory authority to help manage the reintroduction program. The California Condor Recovery Program oversaw the captive breeding and reintroduction efforts, which involved releasing California condors into the wild in several locations in California, Arizona, and Baja California, Mexico.
The partnership between these two organizations has been crucial in the successful recovery of the California condor population, which has now grown from a low of 27 individuals in the 1980s to over 500 individuals today. The program continues to monitor and manage the California condor population to ensure their long-term survival.
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what is the average amount of time an inmate spends on death row in texas before execution?
The average amount of time an inmate spends on death row in Texas before execution is approximately 11 years.
In Texas, after a person is sentenced to death, they have the right to file a direct appeal, which is reviewed by a higher court. This appeal process can take several years.
After the direct appeal, there are additional appeals that can be filed, such as a state writ of habeas corpus and a federal habeas corpus petition.
These appeals can take many more years to resolve, leading to the lengthy time period between sentencing and execution. Additionally, there have been legal challenges to the use of certain drugs in lethal injections, which has caused delays in executions.
In recent years, Texas has also faced challenges in obtaining the drugs needed for lethal injections, further contributing to the lengthy time inmates spend on death row before execution.
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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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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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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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What is known in the world for its known diverse culture?
India is known in the world for its known diverse culture.
India is a multi-racial, multi-lingual, and multi-ethnic society. It is a diverse land. People of various faiths, religions, cultures, and traditions dwell here. They each have their own holidays, etiquette, and way of life.
Their religions and beliefs differ as well. Despite this, there are certain common visitable links that connect them. This is a distinguishing attribute of India, and it is commonly referred to as unity in variety.
In general, Indian culture is accepting and embracing. Its nature is absorbing. The democratic structure supports the process. Diversity in all aspects of society is a source of strength and riches. The various forms of worship and belief indicate an underlying homogeneity. They foster a spirit of fraternity and peace.
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people in the west tended to prefer andrew jackson in the 1824 election because he
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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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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generally, a promise is legally enforceable even if nothing is given or received for the promise.
False. A promise is not generally legally enforceable without consideration, which is defined as a bargained-for exchange between the parties.
Consideration can be in the form of money, goods, services, or a promise to do or not do something. It is necessary to show that the parties intended to enter into a legally binding agreement and that they each received something of value in exchange for their promises. If there is no consideration, the promise is not enforceable by law.
The concept of consideration is a fundamental aspect of contract law, as it ensures that both parties have given and received something of value in exchange for their promises. It is a requirement for the formation of a contract, and without it, a promise is not legally binding. This principle prevents one party from making a promise without any obligation to fulfill it, which could lead to fraudulent or unjust practices.
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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.
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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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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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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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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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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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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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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