The legal status of noncombatants who take an active part in hostilities is a complicated and contentious subject of international law.
People who directly engage in hostilities without being lawful fighters or having status as a combatant are sometimes referred to as "unprivileged belligerents" or "unlawful combatants" under international humanitarian law.
Individuals who engage in hostilities against the law may face prosecution by their state. Typically, these cases are predicated on crimes like terrorism, war crimes, or other criminal behaviors.
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in addition to encouraging settlement, judge smith calls parties before the court for a pretrial conference to hammer out blank details, such as how long the trial will take and how many witnesses the parties may call. multiple choice question.
In addition to encouraging settlement, Judge Smith calls parties before the court for a pretrial conference to hammer out logistical details, such as how long the trial will take and how many witnesses the parties may call.
The option (A) is correct.
The purpose of the pretrial conference is to streamline the trial process and ensure a smooth and efficient trial. During this conference, the judge can clarify any legal issues, set deadlines for submitting evidence, and address any procedural matters.
By discussing these details beforehand, the court can better manage the trial proceedings and ensure that both parties have a fair and organized trial experience.
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This question is not complete, Here I am attaching the complete question.
In addition to encouraging settlement, judge smith calls parties before the court for a pretrial conference to hammer out blank details, such as how long the trial will take and how many witnesses the parties may call. multiple choice question.
(A) will take and how many witnesses the parties may call.
(B) The judge tries to get the parties’ attorneys.
(C) None.
What is the best definition of critical thinking?
A.
how to use an ongoing process that is a part of the overall problem-solving process
B.
how a person defines the problem they have encountered
C.
how to determine the best outcome for any situation at any time
D.
how to make assumptions based on personal sentiments
Answer:
option(c)
Explanation:
how to determine the best outcome for any situation at any time
Ali is a crane operator. One day, while operating the crane to put up a big signboard along a busy road, the ropes holding the signboard gave way. The signboard hit into a car that was being driven by Ahmad. Ahmad was badly injured. Ahmad did not follow the instructions of Ali’s assistant to stop about 50 feet away while Ali was pulling-up the signboard. Instead, Ahmad inched his way towards the crane as he was in a hurry to reach his office to meet his boss for a meeting. Consider whether Ali can be made liable in the tort of negligence for the injuries suffered by Ahmad. Consider also whether Ali has any defenses. Make references in your answer to relevant case laws. (30 marks)
Ali, a crane operator, may be liable for negligence for the injuries suffered by Ahmad, but defenses such as contributory negligence may apply.
In this case, Ahmad was driving his car when Ali, a crane operator, was involved in an incident where a signboard being lifted by the crane fell and hurt Ahmad. It is unclear if Ali can be accused of being negligent and whether any defenses are available. The elements of duty of care, breach of duty, causation and damages must be proven in order to establish negligence.
Ahmad's disregard for the rules, which led to the accident, could be viewed as contributory negligence. You can cite the important case Donoghue v. Stevenson, which created the duty of care. Additionally, Ali may make arguments for Ahmad taking the risk and contributory negligence. For a thorough analysis, one should refer to jurisdiction specific laws and precedents.
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REVIEW the Bill of Rights -- the first ten amendments or changes to the U.S. Constitution, listed below the prompts. Then, RESPOND to the following three critical thinking prompts. Be sure to number and space your responses.
2. Consider the rights or liberties that are included in the Bill of Rights. Then, select one (1) that you feel could be removed and either a) not cause damage to the fabric of civic life and/or b) actually improve civic life in the USA. Explain your reasoning. You may not choose the 3rd Amendment, see note below.
Note: Amendment 3, which states that "No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law," is arguably unnecessary in contemporary society. This is an obvious one; we are scientists, and look for a challenge.
I believe that the 5th Amendment, which states that “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury,” could be removed and would not cause damage to the fabric of civic life and actually improve civic life in the USA.
This amendment has become outdated in today's society due to the fact that since the 1960s the Supreme Court has been making decisions in which communication and other activities are protected as “symbolic speech”.
This new interpretation of the 1st Amendment means that grand jury proceedings are redundant and in some cases can lead to excess prosecution simply to make a point, taking away resources from people who should be receiving them instead.
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There are many "undiscovered" rights not included in the Constitution or Bill of Rights. Think about the civil rights movements in the United States and the rights and liberties required of a democratic society. Then, consider once again the rights or liberties that are included in the Bill of Rights. Finally, use your understanding of the various struggles for civil rights in the United States and your understanding of democracy to identify a right or liberty that is currently NOT included in the U.S. Constitution that you feel SHOULD be added to it today and Explain how you would persuade or justify adding it so that other Americans would support your goal.
Note: Consider the idea that there is no RIGHT TO PRIVACY in the Constitution. The "right to privacy" that Americans think they possess is based on an alchemy of court interpretation, federal and state laws, and a value-based understanding that one should be secure in their affairs in a "free" country. But because there is no explicit "right to privacy", lawmakers and the courts have the ability to draw lines in the sand when it comes to so-called privacy rights.
According to given condition, the right that must be added on U.S. Constitution is "Right to Equal Access to Healthcare". The points that justify adding it are Human Dignity and Well-being, Public health, Social Justice and Equality, Economic Prosperity and Productivity, and International Standards and Global Perspectives.
The process of identifying and incorporating new rights into the U.S. Constitution requires careful consideration and broad consensus. Given the dynamic nature of society and the ongoing struggles for civil rights, it is reasonable to explore the inclusion of additional rights that reflect the evolving needs and values of a democratic society. With that in mind, let's consider a right that could potentially be added to the U.S. Constitution
Right to Equal Access to Healthcare
Currently, the U.S. Constitution does not explicitly guarantee the right to equal access to healthcare. However, the issue of healthcare has been a significant topic of debate and concern, and ensuring access to adequate healthcare is essential for the well-being and dignity of individuals.
Persuading or justifying the addition of the right to equal access to healthcare would involve emphasizing the importance of healthcare as a fundamental aspect of human dignity and promoting a fair and equitable society. Here are some key points that could be used to garner support for this goal:
Human Dignity and Well-being, Access to healthcare is not just a matter of personal health but also a fundamental aspect of human dignity. It is essential for individuals to have the opportunity to lead healthy lives, free from unnecessary suffering and premature death. Recognizing the right to equal access to healthcare in the Constitution would affirm the value placed on human dignity and well-being.
Public Health, The health of individuals directly impacts the health of communities. Ensuring equal access to healthcare contributes to the overall public health and safety of society. It helps prevent the spread of communicable diseases, reduces healthcare disparities, and promotes a healthier population overall.
Social Justice and Equality, Adding the right to equal access to healthcare would align with the principles of social justice and equality. Healthcare disparities disproportionately affect marginalized communities, perpetuating . Recognizing this right would underscore the commitment to addressing these disparities and promoting a more just society.
Economic Prosperity and Productivity, A healthy population is crucial for economic prosperity and productivity. By guaranteeing equal access to healthcare, individuals can receive the necessary medical care to stay healthy, leading to reduced absenteeism, increased productivity, and improved overall economic outcomes.
International Standards and Global Perspectives, Many other countries and international human rights standards recognize healthcare as a fundamental right. Adding it to the U.S. Constitution would bring the United States in line with global human rights principles and help enhance the country's standing in the international community.
To garner support for adding the right to equal access to healthcare to the U.S. Constitution, it would be important to engage in public discourse, raise awareness about the importance of healthcare as a human right, and highlight the benefits it brings to individuals, communities, and society as a whole. Collaboration with advocacy groups, medical professionals, legal experts, and policymakers would also be vital in building a broad coalition of support for this cause.
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Horizon has grown rapidly since its founding, but what if the environment changes so that the company has to scale back some products? How would you recommend the company handle a drop in the need for marketing professionals? Explain your reasoning.
If you notice there aren't as many marketing jobs available,Understand what marketing is needed now and in the future: Look at the parts of marketing that will be affected by reducing the number of products.
What is the products?Retain valuable talent: Identify the most skilled and valuable marketing professionals within the company. It's essential to retain these employees and leverage their expertise in other areas of the business.
Lastly, Figure out how many marketing professionals are needed now that the company has changed its products and the market wants different things.
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Bob Bright has brought a negligence action against Rock On, a company that offers indoor rock-climbing instruction. Bright suffered a fractured leg while he was climbing the wall. Bright failed to follow some of the safety rules that were explained to him prior to his climb. The jury heard all the evidence and decided that Bright failed to act as a reasonably prudent plaintiff in violating safety rules and that his behavior, in part, contributed to his injury. The jury also decided that Rock On was also negligent. The jury heard evidence relating to damages as well and ascertained that the damages should be $100,000.
a. If the jury ascertains that Bright was 60 percent responsible for his own injury, what amount of damages will he receive? (Explain your answer)
If the jury ascertains that Bright was 60 percent responsible for his own injury, Bright will receive $40,000 in damages.
Bright will only be awarded a portion of the total damages if the jury finds that he bore 60% of the blame for his own injury. The jury in this case decided that $100,000 was the appropriate amount for damages. Bright's damages will be lessened by 60% because he is found to be 60% at fault.
Bright is 40 percent not at fault = 100% - 60% = 40%
Therefore, he will receive 40 percent of the total damages.
Damages received by Bright = Total damages x Percentage not at fault
Damages received by Bright = $100,000 x 40% = $40,000
Therefore, Bright will receive $40,000 in damages.
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Bruno and Diane were divorced four years ago. The court ordered Bruno to pay Diane $1,900 per month untii their Ayear-ald wan turns in: Two years iater, Bruno moved in with Edith, his new commontaw partner. Three months ago, Bruno died in an accident. In his will, he left everything to Edith and their 6 -momth-old baby, neglecting to piovide funds tis testedut some income repiacement in the event of Bruno's death. Whaf recourse does Diane have in this situation? She can sue Edith personally. She can sue Bruno's estate. She can sue ABC Insurance. She has no recourse.
Diane has recourse in this situation. She can sue Bruno's estate to enforce the court-ordered alimony payments. However, she cannot personally sue Edith or ABC Insurance for additional funds.
To make sure that Bruno's estate pays the alimony stipulated by the court, Diane may file a lawsuit. The $1,900 monthly payment order issued by the divorce court is still in effect, and Diane may pursue estate recovery for any missed sums.
However, as Edith was not a party to the divorce agreement and is not required by law to support Diane financially, Diane cannot bring a personal injury lawsuit against her. ABC Insurance cannot also be sued because there is no evidence linking them to this situation. Diane's only option is to go after Bruno's estate for the unpaid alimony.
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Kennedy v. Shave Barbor Co case(business Law)• Legal What "legitimate business interests" justify the enforce-ment of a noncompete provision? • Economic What sort of harm, particularly in Kennedy’s situation, would support a court’s refusal to enforce an employment contract’s noncompete provision?
In the case of Kennedy v. Shave Barbor Co, the "legitimate business interests" that could justify the enforcement of a non-compete provision include protecting trade secrets, confidential information, customer relationships, and goodwill.
Noncompete provisions are intended to protect employers' legitimate business interests. These interests can include safeguarding trade secrets and confidential information, maintaining customer relationships, and preserving the goodwill of the business.
In Kennedy's case, if enforcing the noncompete provision would unduly restrict his ability to find employment or pursue his chosen profession, it could result in a court refusing to enforce the provision. The harm to Kennedy would be in the form of a significant limitation on his employment opportunities and potentially depriving him of his livelihood.
Therefore, a court may consider the balance between the employer's legitimate interests and the harm caused to the employee in deciding whether to enforce the noncompete provision.
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following: "Look online for a case involving a recently committed crime. Then, explain in detail, what (was or is) the Corpus Delicti in the case you researched. Why is it the Corpus Delicti?" make sure you talk about a case you researched and talk about the case
Corpus delicti refers to the essential elements of a crime that must be established for a conviction.
Corpus delicti, which translates to "body of the crime" refers to the essential elements that must be proven in order to establish the commission of a crime. The actus reus, which includes the physical act or omission that constitutes the offense and the mens rea which deals with the perpetrator's intent or mental state are its two main parts. A conviction cannot be obtained if the corpus delicti is not proven.
The victim, who was also the defendant's wife, was never found dead in State v. Nicely, but there was plenty of circumstantial evidence, including the victim's blood marks, her car that was found abandoned on a bridge, and the defendant's contradictory statements about it. The aggravated murder of the defendant's wife was proven through circumstantial evidence, which brings us to the main genus where the concept of corpus delicti assumes a rather perplexing position.
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In Colleges In Tennessee,New York,Florida,Illinois,Massachusetts Doesn't College Freshmen For Class Of 2028 For College Sleep In The Same Grade Dorm?
Different colleges and universities have different ways of assigning dorm rooms. Most colleges put new students in the same dorms or buildings, but each college might do things differently.
What is the FreshmenIt is necessary to consult the specific policies of the colleges in Tennessee, New York, Florida, Illinois, and Massachusetts to determine their dormitory assignment practices for freshmen in the Class of 2028.
Most colleges want freshmen to live together in specific dorms. We do this to help new students make friends, adjust to school, and feel like they fit in. Some places are only for first-year college students, like certain dorms, residence halls, or floors.
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analyze the cases and in a few sentences explain how you would rule it
Case 1: A server at a restaurant believed that he was a victim of racial discrimination. He filed a discrimination charge with the EEOC (the administrative agency that enforces federal laws against discrimination) in October 2005. For reasons that are unclear, neither the employee nor the EEOC took any other action regarding the case until October 2011, when the EEOC finally decided that the employee was a victim of racial discrimination and gave him permission to file a lawsuit (all federal discrimination cases must be investigated by the EEOC before a person can file a lawsuit). The server filed a lawsuit in December 2011. The employer’s attorneys argued that the lawsuit should be dismissed because of the lengthy (six-year) delay and the employee’s failure to prompt the EEOC to take action sooner. This, they argued, put the defense at a disadvantage. Should the court allow this case to proceed under these circumstances? Why or why not?
Case 2: After a jury awarded a plaintiff $300,000 in damages in a sexual harassment case, a federal district court judge reduced the award to $50,000. The judge did so because at the time of the jury’s verdict, the plaintiff employer had twenty-five employees, and Title VII (of the Civil Rights Act—a federal law which prohibits sex-based discrimination) caps damages for employers with no more than 100 employees at a maximum of $50,000. However, four years earlier, when the harassment occurred, the employer had 247 employees. Was the judge correct in capping damages awarded to the plaintiff based on the employer’s size at the time of the jury’s verdict rather than at the time when the discrimination occurred? Why or why not?
Case 1: The court should allow the case to proceed despite the delay caused by the EEOC.
Case 2: The judge should have capped damages based on the employer's size at the time of discrimination.
Case 1: Despite the protracted delay, the court should permit this case to continue. Although the six year delay is significant, the EEOC not the employee, is primarily to blame for it. It would be unfair to punish the employee for the agency's inaction, and the defense can still make their cases and present their supporting documentation during the court proceedings to refute the discrimination claim.
Case 2: In basing the damages cap on the employer's size at the time of the jury verdict, the judge erred. The proper strategy should take into account the employer's size at the time of the discrimination, as that is when the Title VII violation occurred. The cap's intention is to limit damages for smaller employers but it should be determined by the size of the employer at the time of the harassment in order to make sure the plaintiff is fairly compensated for their losses.
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helen steps on the chair to reach for a law book to sell it and injures herself. can she recover any damages for her injury from professor green?
No, Helen would not rev=cover any damages for her injury from Professor Green because Professor Green warned her that the chair is broken.
Professor Green informed Helen that the chair was broken, implying that it was not safe to use. By stepping on the chair despite this warning, Helen may have assumed the risk of injury and could be held partially or fully responsible for her own injuries due to contributory negligence.
Considering these factors, Helen's ability to recover damages would depend on the comparative negligence principles in the jurisdiction and the specific circumstances of the case. If Helen's actions were deemed to be a significant contributing factor to her injury, her potential recovery of damages might be reduced or eliminated.
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-- The given question is incomplete, the complete question is
"Professor Green also tells Helen the following: 1. Don’t sell, under any circumstances, my two books on agency law because I can never remember all the silly rules. 2. Don’t stand on the chair because it’s broken. Helen steps on the chair to reach for a law book to sell it and injures herself. can she recover any damages for her injury from professor green?"--
Liberalism was challenged by new ideologies because of the internal contradictions within it and because of the profoundly unequal industrial societies in which Liberalism dominated. True False
The correct opportunity is True.
Liberalism, as an ideology that emphasizes character rights, unfastened markets, and constrained government intervention, confronted demanding situations because of both inner contradictions and the realities of deeply unequal business societies. Internally, liberalism confronted contradictions between its dedication to person freedom and its aid for laissez-faire capitalism.
The unfettered operation of free markets often ended in exploitative hard work situations, financial inequalities, and social injustices, which contradicted the liberal ideals of equality and fairness. Externally, industrial societies marked by big wealth disparities and social injustices exposed the limitations of liberalism's capacity to deal with these inequalities successfully.
As industrialization advanced, the attention of monetary strength inside the arms of some wealthy elites became greater obvious, leading to social unrest and the need for alternative ideologies that supplied solutions for economic and social justice.
These demanding situations to liberalism gave upward thrust to new ideologies which include socialism, communism, and social democracy, which sought to deal with the inadequacies of liberalism in tackling inequality and promoting social welfare. These ideologies presented alternative frameworks that emphasized collective rights, financial redistribution, and greater huge authorities involvement to rectify the perceived screw-ups of liberalism in business societies.
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True or False? Victomology is a seperate field from criminology.
It is false that Victomology is a seperate field from criminology. Victimology is a branch or subfield of criminology rather than a distinct field unto itself.
Victimology is the study of crime victims and the understanding of their circumstances, characteristics, and impacts. It examines a variety of subjects, including as victim-offender interactions, the effects of victimisation on individuals and communities, and methods for providing support and help to victims. People who research victimology, also known as victimisation, look at the psychological repercussions of crimes on victims, how victims interact with the criminal justice system, and how victims and offenders relate to one another.
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Consider the following bundles of frogs' legs (F) and goose eggs (G), where utility is defined over F and G only: A:(7,3) B: (5,4) C: (12,1) D: (1,9) E: (6,6) Suppose an individual has the following preference ordering over those bundles: E>D>C>A>B Find any utility function that is consistent with the individual's preferences. Calculate the utility for each of the bundles and show that your utility function is consistent with the preference ordering.
The utility function is 6F + 4G. The utility for Bundle A, B, C, D, E is 54, 46, 76, 42, 60 respectively.
To find a utility function consistent with the individual's preferences, we can assign values to the frog legs (F) and goose eggs (G) in each bundle, such that the utility increases as we move from bundle to bundle according to the given preference ordering.
Let's assign a value of 6 to frog legs (F) and a value of 4 to goose eggs (G) in our utility function.
Utility function: U(F, G) = 6F + 4G
Now, let's calculate the utility for each bundle and compare them to confirm that the utility function is consistent with the preference ordering
Bundle A: U(7, 3) = 6(7) + 4(3) = 42 + 12 = 54
Bundle B: U(5, 4) = 6(5) + 4(4) = 30 + 16 = 46
Bundle C: U(12, 1) = 6(12) + 4(1) = 72 + 4 = 76
Bundle D: U(1, 9) = 6(1) + 4(9) = 6 + 36 = 42
Bundle E: U(6, 6) = 6(6) + 4(6) = 36 + 24 = 60
As we can see, the utility values obtained from the utility function align with the preference ordering: E > D > C > A > B. Therefore, the utility function U(F, G) = 6F + 4G is consistent with the given preference ordering.
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which kind of damage does a plaintiff sue for to compensate for a broken leg?
-special damages
-aggravated damages
-punitive damages
-general damages
The Statement of Claim starts a lawsuit in court.
-True
-False
A plaintiff would typically sue for general damages to compensate for a broken leg.
True. The Statement of Claim is indeed the document that initiates a lawsuit in court.
When a plaintiff sues for compensation due to a broken leg, they generally seek general damages. General damages are non-monetary losses that are not easily quantifiable, such as pain, suffering, and loss of enjoyment of life. These damages aim to provide compensation for the physical and emotional harm caused by the injury.
Special damages, on the other hand, cover the specific economic losses resulting from the broken leg, such as medical expenses and loss of income. Aggravated damages may be awarded if the defendant's conduct caused additional distress, while punitive damages are rarely awarded and are meant to punish the defendant for extreme wrongdoing.
The plaintiff, or the party bringing the lawsuit, must file the statement of claim with the court in order to begin a civil action. It describes the case's facts, the claim's legal foundation, and the relief the plaintiff is requesting.
The statement of claim gives the defendant official notice that they are being sued and gives them a chance to refute the claims. Following the filing and service of the statement of claim on the defendant, the court process gets under way, with the goal of either litigating or settling the case.
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1. A rule of civil conduct, commending what is right and prohibiting what is wrong. A. common law B. Constitution C. law D. natural law 2. A body of judge-made law. A. common law B. constitution C. law D. natural law 3. A concept that a higher law or higher value exists, which supersede man-made law. A. common law B. constitution C. law D. natural law 4. The document which defines the relationship between a government and the people it governs. A. common law B. constitution C. law D. natural law 5. This rule of judicial interpretation says that if the same issue has been decided by the same court or a higher court, the court must follow that precedent. A. due process B. common law C. civil law D. stare decisis 6. This constitutional amendment protects freedom of speech, religion, and press. A. first amendment B. fourth amendment C. fifth amendment D. fourteenth amendment 7. Which of the following statements about the Bill of Rights is correct? A. The Bill of Rights originally protected people from abuses by both the state and federal government. B. The Bill of Rights is all amendments to the United States Constitution. C. The fourteenth amendment has been used to incorporate the Bill of Rights to apply to actions of state governments, as well as the federal government. D. The Bill of Rights was declared unconstitutional in Gibbons vs. Ogden. 8. In this case, the United States Supreme Court determined that the judiciary had the power to review the constitutionality of laws passed by legislatures. A. Loudermill v. Cleveland Board of Education B. Mapp v. Ohio C. Marbery v. Madison D. Yick WO v. Hopkins 9. This amendment, passed after the Civil War, was designed to insure that the states did not deprive individuals of their life, liberty or property without due process of law. A. first amendment B. fourth amendment C. fifth amendment D. fourteenth amendment 10. Governmental powers are divided between branches of government. This is known as: A. Separation of powers B. Common law C. Federalism D. Comity 11. The U.S. Constitution created a federal government giving it certain powers, while allowin states to retain certain powers. This known as: A. Separation of powers B. Common law C. Federalism D. Comity
For question 1 The answer is D. Natural law. Natural law is a rule of civil conduct that commends what is right and prohibits what is wrong.
Natural law is based upon moral standards that transcend the laws made by man and are considered universal truths that can be understood by all reasonable beings.
For question 2 The answer is A. Common law. Common law is a body of judge-made law that is based on the decisions of courts and findings of fact over time. It is based on principles established over time and on decisions made by judges that have been accepted throughout the legal system.
For question 3 The answer is D. Natural law. Natural law is a concept that a higher law or higher value exists, which supersedes man-made law. Natural law is based on the belief that an objective moral order exists, regardless of what one might call it, meaning that there exists certain moral standards that can be recognized by all reasonable beings. Natural law is based on the belief that certain actions are right or wrong, regardless of what a society or government prescribes.
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The Question-
1. A rule of civil conduct, commending what is right and prohibiting what is wrong.
A. common law
B. Constitution
C. law
D. natural law
2. A body of judge-made law.
A. common law
B. constitution
C. law
D. natural law
3. A concept that a higher law or higher value exists, which supersede man-made law.
A. common law
B. constitution
C. law
D. natural law
As we get into the materials we start with a question, "why" do we need laws? Please explain with several examples from the news as to the purpose and functions of law in society.
In order to preserve order, safeguard individual rights, and foster a just and peaceful cohabitation, laws serve a variety of objectives and tasks that are fundamental to society.
The framework for preserving public safety and order is established by laws. For example, traffic regulations control vehicle movement and guarantee the safety of motorists and pedestrians.
To protect people's liberties and rights, Laws are created. They offer a framework for the legal defense of human rights, including the rights to life, liberty, and property.
For settling conflicts and disagreements in a fair and unbiased manner, laws offer a method. To resolve disagreements between people, groups, in a society, or even nations, courts interpret and apply the law.
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THE PRIMARY PURPOSE OF REPLACEMENT REGULATION IS TO:
PROTECT POLICYOWNERS FROM MISSREPRESENTATIONS AND LOSS OF BENEFITS
INFORM CONSUMERS OF THE AVAILABILITY OF ADDITIONAL POLICY COVERAGES
PROTECT THE RENEWAL COMMISSIONS OF THE EXISTING PRODUCERS
PROTECT INSURANCE COMPANY HOME OFFICES FROM LOSS OF IN FORCE BUSINESS
The primary purpose of replacement regulation is to protect policyowners from misrepresentations and loss of benefits.
Protecting policyowners from false representations and benefit loss is the main goal of replacement regulation. Replacement regulation makes sure that when a policyowner switches to a new insurance policy, they are given accurate information and aren't pressured into a choice that might result in a loss of benefits or coverage.
By encouraging transparency, disclosure of pertinent information and fair practices in the insurance industry, the regulations seek to protect the interests of policyowners. The main goal is to make sure that policyowners choose replacement insurance policies wisely safeguarding their rights and interests in the process.
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There are Remedies at Law and Remedies at Equity (the Chapter discussed Law Courts and Chancery Courts). Describe the differences and what types of remedies are provided in each. What are some types of business disputes that would be better suited to Chancery Courts as opposed to Law Courts, and vice versa?
Example: Sam and Tom own a corporation together - they each own 500 shares out of the 1000 outstanding shares, and they each hold one of the two director positions on the Board of Directors. Their manufacturing business has been wildly successful for the past ten years, but now sam and Tom can't agree on the future direction of the company, and they are deadlocked. What type of court would be best suited to preside over this corporate deadlock?
Answer:
Some types of business disputes that would be better suited to Chancery Courts include disputes over intellectual property, disputes over contracts, and disputes between business partners. These types of disputes often involve complex legal issues that require a nuanced understanding of the law. Chancery Courts have the expertise and resources to handle these types of cases.
Explanation:
Reaction about the saying "what i believe must be true if i feel very strongly about it"
I would say that the statement "what I believe must be true if I feel very strongly about it" is a fallacious reasoning.
the plaintiff in a breach of contract action who has suffered not actual damage may be entitled to an insignificant sum to illustrate the wrongfulness of the breach known as:
In a breach of contract action, when the plaintiff has suffered no actual or substantial damages, they may still be entitled to receive nominal damages.
Hence, the correct option is c.
Nominal damages refer to a small and insignificant sum of money awarded to the plaintiff as a symbolic recognition of the wrongful breach committed by the defendant.
While the purpose of damages in a breach of contract case is typically to compensate the non-breaching party for their actual losses, nominal damages serve a different function. They are awarded to illustrate and reaffirm the wrongfulness of the breach, even if no significant financial harm has been suffered.
Nominal damages act as a legal remedy that upholds the principle that a breach of contract is a violation of the plaintiff's rights, regardless of the absence of substantial harm. By awarding nominal damages, the court acknowledges that the defendant failed to fulfill their contractual obligations and violated the terms of the agreement.
The amount awarded as nominal damages is typically minimal, often just a token sum. Its purpose is not to compensate the plaintiff for any actual losses but rather to emphasize the principle of adherence to contractual obligations and discourage breaches in the future.
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-- The given question is incomplete, the complete question is
"The plaintiff in a breach of contract action who has suffered not actual damage may be entitled to an insignificant sum to illustrate the wrongfulness of the breach known as:
a. punitive damages b. compensatory damages c. nominal damages d. incidental damages"--
Access the case located at 798 F. 3d 1030.
Give the name of the case.
What was the disposition of the case?
What is the name of the circuit judges that heard the case?
What is the name of the judge that authored the opinion?
The case located at 798 F. 3d 1030 is called Mauricio Montecinos v. Holder, No. 12-70546 (9th Cir. 2015).
The disposition of the case was that the 9th Circuit affirmed the Board of Immigration Appeals’ (BIA) denial of Montecinos' application for asylum but remanded to the BIA for further consideration of his application for withholding of removal and his application for defense against removal under the Convention Against Torture.
The circuit judges that heard this case were Kim McLane Wardlaw, Richard A. Paez, and Ronald M. Gould. The judge that authored the opinion was Judge Wardlaw.
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State as True or False:
1. Arbitration that is mandated by the courts often is not binding on the parties.
2. When Congress delegates authority to an administrative agency, it can leave guidelines for agency action so vague that the agencies can do anything they want.
Arbitration that is mandated by the courts often is not binding on the parties is false. When Congress delegates authority to an administrative agency is true. Thus, option 1. (b) and 2. (a) is correct.
This is so because the parties agreed to have their disagreement arbitrated, and the arbitrator's ruling is typically final and cannot be challenged in court unless there are special circumstances like fraud or misconduct.
This is so that Congress may choose how much or how little direction to give to administrative agencies in accordance with its vast discretion.
Therefore, option 1. (b) and 2. (a) is correct.
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Are any provisions of the CEQ’s NEPA regulations currently
obsolete? If so, please provide specific recommendations on whether
they should be modified, rescinded, or replaced.
NEPA requires government organizations to survey the natural impacts of their proposed activities preceding deciding.
NEPA covers a wide range of activities, including: adopting federal land management actions and making decisions about applications for permits, National Environmental Policy Act (NEPA), 42 U.S.C. 4321 ff released in 1970.
The NEPA states: The Federal Government works with state and local governments, as well as other relevant public and private organizations, to improve overall well-being through all available means, including technical and financial support.
To advance, make and keep up with conditions under which people and nature can exist as one, and to meet the social, monetary, and different requirements of current and people in the future of Americans.
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On review of an agency’s interpretation of the law, a court is
likely to defer to the agency’s view under Chevron, unless
it is arbitrary, capricious, or manifestly contrary to the
statute.
Courts should respect reasonable agency interpretations of ambiguous provisions of congressional acts under Chevron, unless those interpretations are clearly unreasonable, capricious, or arbitrary.
In certain situations, the Supreme Court ruled that federal courts should respect an agency's interpretation of a statute unless they find it to be "arbitrary, capricious, or manifestly contrary to the statute." Skidmore deference allows a federal court to choose the appropriate level of deference for each case based on the agency's capacity to support its interpretation, as opposed to Chevron deference, which mandates that a federal court defer to an agency's interpretation of an ambiguous statute if the interpretation is thought to be reasonable.
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This week's discussion isn't going to be as difficult for procrastinators. Pick a state, one that hasn't already been discussed by a classmate, and research how that state regulates attorneys and paralegals. In your post:
Name the state. (STATE OF MASSACHUSETTS)
Are attorneys required to be licensed?
Who issues the license in that state?
What are the requirements an attorney must meet to be licensed?
Can someone who isn't a licensed attorney practice law?
Are paralegals required, or even permitted to be licensed?
Does that state require, or permit paralegals to be certified by the state, and if so what's the difference between the license and the certificate?
Who issues the licenses for paralegals in that state?
What are the limits of what a licensed paralegal can do for or on behalf of a client in that state?
In the state of Massachusetts, attorneys are required to be licensed in order to practice law.
The license is issued by the Massachusetts Board of Bar Examiners and every attorney must meet the requirements outlined by the Board before they can be licensed. In order to be licensed, applicants must first complete a Juris Doctor degree from an accredited school of law and pass the state bar exam. It is illegal for anyone who is not a licensed attorney to practice law in the state.
Paralegals are not required to be licensed in Massachusetts. However, they can earn a paralegal certificate from an accredited college or university or through a bar-approved law office training program. Paralegal certificates are issued by the Massachusetts Board of Bar Examiners as well.
The certificate allows paralegals to practice under the supervision of a licensed attorney. Paralegals are often allowed to perform research, assist with case preparation, and review documents. In some cases, paralegals may be allowed to give legal advice as long as it is supervised by an attorney.
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Complete the statement about writing email.
When writing an email to multiple recipients, the CC field allows you to add others to a conversation to
, and the BCC field allows you to share the email to
.
Answer:
Explanation: When writing an email to multiple recipients, the CC field allows you to add others to a conversation to keep them informed or involved, and the BCC field allows you to share the email to additional recipients without revealing their identities to other recipients.
Interpretive rules are rules that create new rights and duties as interpreted by an agency under existing law.
True
False
It is false that Interpretive rules are rules that create new rights and duties as interpreted by an agency under existing law.
Rules published by organisations to give clarification or interpretation of existing law are referred to as interpretative rules, interpretive guidelines, or interpretive regulations. They do not establish any new obligations or rights; rather, they describe how the agency applies the law as it currently stands to certain circumstances. Although they do not create new legal responsibilities, interpretive rules aid stakeholders in understanding how the agency perceives the law and how it will be applied.
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