The principle of federal supremacy allows national government to override the state governments in certain policy areas.
What is federal supremacy?Federal supremacy is a principle in the United States Constitution that establishes the federal government as the ultimate authority in matters of law and policy. It means that federal laws and regulations take precedence over state and local laws when there is a conflict between them. This principle is based on the Supremacy Clause of the Constitution, which states that the Constitution and federal laws shall be the supreme law of the land. The purpose of federal supremacy is to ensure uniformity and consistency in the application of federal law throughout the country, as well as to prevent states from impeding or interfering with federal government functions. However, federal supremacy is not absolute and must be balanced with the principles of federalism and state sovereignty.
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Because a donee beneficiary is merely receiving a gift, a donee beneficiary cannot win a lawsuit if the contract is not performed. True or False?
The given statement is false. Because a donee beneficiary is merely receiving a gift, a donee beneficiary cannot win a lawsuit if the contract is not performed.
What Is a Donee Beneficiary?
The donee beneficiary differs from other categories of third-party beneficiaries because of their connection to the contract's parties. Specifically, a donee beneficiary's claim to receive benefits under the contract is treated as a gift from one of the parties to the contract. In the case of a 5 by 5 Power in Trust, donee beneficiaries are also permitted to incorporate the promised assets into their own inheritance.
Donee Beneficiaries have the legal right to request benefits promised to them once their rights to the contract have accrued, just like in other circumstances involving third-party beneficiaries. They differ from creditor beneficiaries in that they may bring legal action only after being made aware of the contracts or intended benefits.
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Fill The Blank? Krugman argues that if each country seeks to follow a strategic trade policy to protect its interests, this may lead to a ______.
It may be stated that Krugman has argued that if the countries seek to follow a strategic trade policy to protect their individual interests, then it will lead to the occurrence of a trade war.
A trade policy may ideally be taken into consideration as the policy for carrying the trading and business activities in the societies. Only the highest authorities have been given the responsibility of making or entering into trade policies. However, if the trade policies are directed towards individual interests, then it may lead to an outburst of a trade war.
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Which Supreme Court decision established the principle that the federal government rather than the individual state governments has authority to deal with American Indian affairs?
answer choices
a. Marbury v. Madison
b. Worcester v. Georgia
c. McCulloch v. Maryland
d. Gibbons v. Ogden
The underlying notion that American Indian issues are a federal government subject, not a matter for each state government, was established by the Supreme Court's decision in Marbury v. Madison.
A federal government was essentially built as a means of transferring power from the wealthy to the disadvantaged. A country's larger, more potent central government shares authority with the country's smaller state and regional governments. This is achieved by assigning specific tasks to each sector, providing the federal government, states, and localities their own jobs to execute.
According to the United States Constitution, the federal government must continue to have control over a variety of tasks, including, to name a few, the creation of money, the establishing of subordinate courts, and the granting of patents. Another example of a federal government duty is the power to declare war.
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What is it called when someone announces they are running for president?
When someone declares they are running for president, it is referred to as declaring their candidature.
People must fulfil the requirements of their state's election laws, which can differ from state to state, in order to declare their candidature. This often entails submitting the necessary documentation to the right election official, like a Secretary of State or county election board, and paying the associated filing fee.
Some states could also demand that the candidate submit a petition for nomination that has been signed by enough registered voters. A person declares their candidature and launches their campaign when they declare they are running for president.
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How many Supreme Court justices are Republican?
state courts cannot have concurrent jurisdiction with federal courts. true/false
True. Federal courts and state courts cannot share concurrent jurisdiction. Even when a federal court has jurisdiction, state law matters may not be decided by federal trial courts inside a particular state.
The most suitable court site for a case is determined by the venue. If all of the courts have the authority to hear the case, two or more courts may have concurrent jurisdiction. In particular, both state and federal courts in the United States have concurrent jurisdiction over a wide range of proceedings.
For instance, concurrent jurisdiction exists when a crime starts in one state and is continued in one or more other jurisdictions, providing both state and federal courts the ability to hear the case. Concurrent jurisdiction also applies in cases where a crime has been committed.
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Section 27 of the Constitution of the Republic of South Africa, 1996 is an essential
provision in the country’s social security system. This provision forms the basis for
various legislation and court litigation on social security law. Discuss how the rights
under this provision can be limited.
What is the power of jurisdiction?
The main power of the jurisdiction is the limits to which extent a legal body, court or authority can exercise its powers.
It is an authority or power to the courts which is given by the laws to render justice and provide judgments. Jurisdiction depends on the circumstances of the cases and can vary from case to case. A court cannot give judgment or render justice if it doesn't have the jurisdiction.
It can be determined by the subject matter of the case, personal jurisdiction (issue took place in which area) and the territory.
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in the case of an actual fire in the hospital, code red will be paged overhead. your role as the fire’s point of origin is to follow the l-i-f-e procedure, which stands for:
In the case of an actual hospital fire when a Code Red is paged overhead and your role as the fire's point of origin is to follow the L-I-F-E procedure, which stands for: Location of fire, Isolation of fire, Fight the fire, and Evacuation.
Code Red is an alarm which indicates to hospital staff about a fire or probable fire. When there is an actual fire in the hospital, code red will be paged overhead. Your role as the fire’s point of origin is to follow the L-I-F-E procedure, which stands for:
L: Locate the fire and activate the nearest fire alarm pull station.
I: Isolate the fire by closing all doors and windows in the area.
F: Fight the fire with the appropriate fire extinguisher if it is safe to do so.
E: Evacuate the area and assist others in doing so, if necessary.
By following the L-I-F-E procedure, you can help prevent the spread of hospital fires and ensure the safety of all patients, staff, and visitors.
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mention the two issues that greatly raised the political stakes were?
Economic distress and the slavery issue are the two issues that greatly raised the political stakes.
Slavery and economic distress was the two great reasons to raise political stakes in 1820s and 1830s. Vigorous political conflict which were once feared, came to be celebrated as necessary for the health of democracy, which lead to the emergence of new political parties. Many other issues were also raised like the fight over the national bank whether it should be continued or not. During the struggle the federalists believed that the power should remain with the elites and the freedom is dangerous in the hands of general public. People raised voices to built laws to prevent slavery which became a social propaganda for others and the ongoing economic distress eventually led to political outrage.
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what countries have embassies in the united states
The countries that have diplomatic relations with the United States have their individual embassies in the United States of America.
An embassy may be defined or referred to or considered as the branch of government outside the domestic borders of the country due to the operation of legal and essential functions which are out of purview of the domestic management by the countries and their respective governments. Many countries that have an agreement over diplomatic relations with the American government hold an embassy in the United States of America.
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after an intermediate appellate court rejects an appeal, the losing party may petition the highest court in the system for a(n) .
After an intermediate appellate court rejects an appeal, the losing party may petition the highest court in the system for writ of certiorari.
The writ of certiorari is issued by a superior court for the reexamination of order given by a lower court. The writ protects justice at all cost when a lower makes a mistake or gives a judgement which is not acceptable by any of the two parties, either of the party can appeal in a higher level of court for its evaluation, then the higher court corrects the misinterpretations of lower court. The writ of certiorari originated from England. In United States the writ is exercised by the Supreme Court to review the judgements of the lower courts, these writs are used exceptionally not in every case.
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A tenant properly filed a complaint under state law against his landlord in federal district court under diversity jurisdiction, alleging that the landlord's negligence in failing to repair the stairs in a common area of the apartment building resulted in the tenant falling and sustaining significant injuries. After the landlord served his answer, the tenant moved for summary judgment. In support of his motion, the tenant submitted affidavits from three other tenants in which each stated that she had told the landlord prior to the accident that the stairs needed to be fixed. In opposition to the motion, the landlord submitted an affidavit from the maintenance worker employed by the landlord, stating that the stairs were in good condition on the day of the tenant's accident.
How should the court rule on the motion for summary judgment?
In the situation portrayed above, it may be stated that the court will grant the motion in the interest of the plaintiff, i.e., the tenant.
A court has the power to grant a motion in the case before an actual trial is being held in the court of law as per the legal procedures. In the cases that involve complaints against their landlords, the tenants usually have an upper hand in getting the motion granted by the court in their favors more often than not. Thus, the court readily grants motion in such cases.
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this passage most accurately reflects the democratic ideals taken from the enlightenment. True/False?
The given statement "this passage most accurately reflects the democratic ideals taken from the enlightenment." is True about the passage.
Because the theories and ideas of an intellectual enlightenment were more efficient and useful in making the US Constitution. Main purpose of this was to improve society with the help of different rights and freedoms such as freedom of expression and equality.
The concept of enlightenment emerged in the 18th century in Europe. Social Contract is one of the main components of enlightenment. It focused on the faith, collectiveness, and a belief that govern people.
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The passage reads as follows: "we hold truths to be self-evident, that all men are created equal, that they are endowed by their creator with certain unalienable rights, that among these are Life, Liberty and the pursuit of Happiness. Thus, to secure these rights, governments are instructed among men, deriving their just powers from the consent of the governed."
Refer to your Who is Sonia Sotomayor? book for a complete version of this text.
Part A
Where can readers find more information about the job of a Supreme Court justice?
A. an illustration of the judges in Chapter 9
B. a text box in Chapter 9
C. an illustration of Sonia and a judge in Chapter 9
D. a text box in Chapter 7
Part B
How does the feature identified in Part A contribute to readers’ understanding of the topic?
A. It depicts a swearing-in ceremony showing that justices must take an oath to serve.
B. It compares local and federal U.S. courts and their functions.
C. It shows justices in the robes they wear in court to convey authority and fairness.
D. It shows justices in the robes they wear in court to convey authority and fairness.
In a text box in Chapter 9 readers find more information about the job of a Supreme Court justice and It depicts a swearing-in ceremony showing that justices must take an oath to serve. The correct options are B and A respectively.
Who is Sonia Sotomayor?Associate Justice of the United States Supreme Court Sonia Sotomayor. In 2009, after President Barack Obama's nomination and confirmation, she joined the Supreme Court as the third woman and first Hispanic.
Readers can get more information about a Supreme Court justice's duties in a text box in Chapter 9, which also features a picture of a ceremony where justices are sworn in to their positions.
Thus, the correct options are B and A respectively.
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Question 10
In respect of remedies for patent infringement which one of the following statements is NOT correct?
a) Injunctions are not available after the expiry of the patent in question under any circumstances.
b) Where the infringement occurred before an amendment to the specification was allowed, when awarding damages or making an order for an account of profits, the court or the Comptroller shall take into account a number of factors including whether the specification as published was framed in good faith and with reasonable skill and knowledge.
c) Damages or an account of profits are not available if the defendant can prove that, at the time of the infringement, he was not aware and had no reasonable grounds for supposing that the patent existed.
d) Where a subsequent proprietor, co-proprietor or exclusive licensee acquired his rights in the patent under a registrable transaction, instrument or event but it was not registered within six months or, if it was not practicable to register in that time, it was not registered as soon as practicable after that six-month period, costs or expenses will not be awarded for infringement subsequently before registration.
In respect of remedies for patent infringement, one statement that is NOT correct is: injunctions are not available after the expiry of the patent in question under any circumstances. The Option A is correct.
What is the remedies for Patent Infringement?A patent owner is responsible for monitoring competitors to see if they are using the patented invention. Patent owners who want to compel others to respect their intellectual property rights must usually file a lawsuit in federal court. Although issued patents are presumed to be valid, accused infringers may claim that a patent is invalid or unenforceable for a variety of reasons.
A court may subject adjudicated patent infringers to the same remedies as the victorious patent proprietor. Injunctions, monetary damages, and attorney fees are among the available remedies.The Patent Act also allows for damages to be tripled in cases of willful infringement. Unlike copyrights and trademarks, criminal penalties do not apply to patent infringement.
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what is the act of erasing or permanently destroying records called?
"Purging" is the process of permanently removing or eliminating documents. "Securely erasing" or "shredding" the records It guarantees that the data is unrecoverable and inaccessible to "destruction"
Making something utterly useless by physical or irreversible ways is known as destruction. The removal of data or records permanently from a system, storage device, or physical medium is often referred to as destruction in the context of records and data management. Destruction may be required to safeguard private or secret information, adhere to legal or regulatory obligations, or just to clear off storage space. The employment of specialised software or hardware that may overwrite, delete, or physically destroy the data is a common component of proper destruction techniques. Maintaining a transparent audit trail and ensuring accountability requires careful documenting and tracking of destruction
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critically examine te meaning and concept of nation,nationalities and peoples stated under article 39(5) of the fdre constitution vs the modern thouthts of nation and nationalism?
Which U.S. Constitutional amendment gives state governments plenary power? a. Fourth b. Sixth c. Tenth d. Fourteenth.
The correct option is C, Tenth Amendment according to it the U.S. Constitutional amendment gives state governments plenary power. It states that any powers not delegated to the civil government nor banned by the Constitution are reserved for the countries or the people.
It means that countries have the authority to regulate and govern a wide range of areas, similar as education, transportation, and felonious justice, as long as their conduct don't discord with civil law or the Constitution. The Fourth Amendment protects citizens from unreasonable quests and seizures.
The Sixth Amendment guarantees the right to a fair trial, and the Fourteenth Amendment provides equal protection under the law and due process
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the juxtaposition of opposing or contrasting ideas, is called?
The juxtaposition of being in opposition or ideas that are completely contrast in the essence of each other are called as the figure of speech, antithesis.
The antithesis is a figure of speech that may be taken into interpretation as the one wherein the ideologies defined within a sentence or a statement are completely in contrast or opposition to each other. Moreover, it is noteworthy to mention that an antithesis does not define the ideology, but identifies the opposing ideas that they tend to reflect as an effect of the same.
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how long after certifying for unemployment will i get paid california?
Most qualified workers receive payment for their unemployment benefits after at least three weeks of processing their claim.
You'll get a debit card in the mail when your first benefit payment becomes available. You can track, use, and transfer your benefit payments once the card has been activated. You should maintain your card until it expires because it is utilized for all EDD benefit programs and is good for three years from the day it is issued.
You will get your benefit payments on that debit card if you have previously received Unemployment Insurance, Disability Insurance, or Paid Family Leave benefits there. Once funds are available, a replacement card will be automatically delivered to you if your old one has expired.
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antitrust laws have been implemented by governments to promote
Both the federal and state governments employ antitrust laws to foster business competition.
Antitrust laws are rules that promote competition by restricting a firm's ability to dominate the market. Without government-enacted antitrust regulations, certain businesses would restrict competition and move towards monopolies. Antitrust laws prevent market participants from working together to fix prices or engage in other anti-competitive behavior against consumers. These antitrust rules specifically forbid cartel formation and the concentration of economic power in a small number of hands. Therefore, antitrust laws are enforced to foster competition rather than price fixing, monopolies, or bid rigging.
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When someone is accused of a crime, the type of case is... a. civil
b. criminal
c. federal
d. Bench
A criminal case exists when someone is suspected of committing a crime. When someone sues another individual, business, or corporation, this is referred to as a civil case.
What is a criminal case?
When a prosecutor working for the federal, state, or municipal government accuses someone of committing a crime, it is known as a criminal case. Criminal proceedings often start after the suspect is detained and charged, typically at an indictment hearing. The defendant in a criminal case is always presumed innocent until proven guilty in court beyond a reasonable doubt. When a court finds someone guilty of committing a crime, a criminal law sentence may follow. These punishments can include community service, a fine, an incarceration sentence, or a combination of all three.
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what responsibility do the media and politicians have to inform the public of the reality of crime? of the real dangers of victimization that exist in a specific area? Are there any advantages to this misunderstanding?
Many experts believe that using a quasi-military model for police work can help to cultivate an “us versus them” attitude that can result in the mistreatment of citizens.
1036
Social Structure
Delinquent Subculture
1. Cohen argues that gang-related stealing doesn't necessarily coincide with stealing out of want/desire. He argues that gang
members tend to steal for recreation, sometimes glory and or prowess. Do you agree with Cohen's argument? Why or why not?
2. Cohen believes that many adolescents, including gang members tend to exhibit short-run hedonism. Do you agree with
Cohen regarding gang members and short run hedonism?
3. One of the greater concerns regarding gangs is group autonomy. Parents and family members of adolescent gang members
often feel their loved one pull away as he/she becomes more entrenched in the gang. In your opinion, what elements of gang
lifestyle attract adolescents? What can/should parents and family members of newly indoctrinated gang members do to
reestablish their relationships with their children/ loved ones?
Lower Class Culture
4. Miller argues that lower class individuals have different Focal Concerns than individuals in the middle class or upper class.
Based on your upbringing/household/community, do you agree with Miller regarding the prevalence of unique focal concerns
based on socio-economic status? Why or why not?
5. In relation to the toughness focal concern-Do you think that the lack of a positive male role model (father figure) can lead a
male juvenile to join a gang? Why or why not? If yes, what steps can single mothers take to minimize the likelihood that their
child(ren) will join a gang?
6. Miller argues that members of the lower class orient themselves by six focal concerns as adults, eight as adolescents. Do you
agree with Miller's different focal concerns? This theory was initially published in 1958. In modern day, do you think any focal
concerns should be added or deleted? Which ones and why?
Answer:
Explanation
Cohen's argument about gang-related stealing is a significant contribution to the sociological study of deviant behavior. In his book "Delinquent Boys: The Culture of the Gang," Cohen argues that gang members engage in theft as a form of recreation, a means of demonstrating their skills and toughness, and a way to gain status and recognition within their peer group. This idea challenges the conventional wisdom that theft is motivated by economic need or poverty.
Regarding the idea of short-run hedonism, Cohen argues that adolescents, including gang members, tend to focus on immediate pleasure and gratification rather than long-term goals and consequences. This perspective has been influential in shaping our understanding of adolescent behavior and decision-making.
The group autonomy and attraction of gangs for adolescents can be attributed to several factors, including a sense of belonging, peer pressure, a desire for excitement and adventure, and the perceived benefits of gang membership, such as protection, money, and status. Parents and family members can help reestablish their relationships with gang-involved youth by maintaining open and non-judgmental communication, seeking professional support, and involving the youth in positive activities and alternatives to gang involvement.
Miller's theory of lower-class culture and its associated focal concerns is still relevant and widely studied today. According to Miller, lower-class individuals have unique focal concerns, such as toughness, smartness, excitement, fate, and autonomy, that are shaped by their experiences of poverty and marginalization. Whether or not one agrees with Miller's theory may depend on personal experiences and exposure to different socio-economic contexts.
The lack of a positive male role model, such as a father figure, can contribute to a male juvenile's decision to join a gang, as it may lead to a search for a sense of belonging and identity. Single mothers can take steps to minimize the likelihood of gang involvement by providing their children with positive male role models, such as mentors, coaches, or community leaders, and by engaging their children in activities and opportunities that promote positive development.
Miller's six focal concerns for lower-class adults and eight focal concerns for adolescents have been widely studied and debated in the sociological literature. The continued relevance of these focal concerns today suggests that they capture important dimensions of lower-class culture and experience. However, it is also possible that new focal concerns may have emerged in response to changes in society and the experiences of lower-class individuals over time.
Based on the theories and arguments discussed, it can be concluded that:
Gang-related theft is not solely motivated by economic need but can also be driven by social and cultural factors, such as a desire for recognition and status within a peer group.
Adolescents, including gang members, tend to focus on immediate pleasure and gratification, which can lead to risk-taking behavior.
Gangs can be attractive to adolescents for various reasons, including a sense of belonging, peer pressure, and the perceived benefits of gang membership. Parents and family members can play a crucial role in preventing gang involvement and reestablishing relationships with gang-involved youth.
Lower-class individuals have unique focal concerns shaped by their experiences of poverty and marginalization. The lack of a positive male role model can contribute to a male juvenile's decision to join a gang.
Miller's theory of lower-class culture and its associated focal concerns remains relevant and widely studied today, although it is possible that new focal concerns may have emerged over time.
It is important to note that these theories are not absolute and should be considered in light of other factors that may influence gang involvement and lower-class culture.
Describe how the role of an appointed judge is different and similar to that of an elected official (3-4 sentences)
Answer:
The role of an appointed judge is different from that of an elected official in several ways. Appointed judges are selected by a governor, president, or another appointing authority and serve for a set term, typically for life or until they reach a certain age. They are expected to make decisions based on the law and the facts of each case, rather than political considerations or public opinion.
However, there are also similarities between the two roles. Both appointed judges and elected officials serve the public and are expected to act with integrity and impartiality. Additionally, both can be removed from office for cause, such as misconduct or a violation of ethical standards. Ultimately, the ultimate goal of both appointed judges and elected officials is to serve the best interests of the public and ensure justice is done.
What was the key reason for the creation of law courts during the early development of the English common law?A) to administer law in a uniform mannerB) to help merchants form a standardized set of commercial lawsC) to increase the power of the king in law-makingD) to facilitate legal disputes for the wealthy and influential
The key reason for the creation of law courts during the early development of the English common law was to administer law in a uniform manner. (Option A)
Prior to the creation of law courts, laws were administered by local lords and their decisions were not consistent across different regions. This led to a lack of uniformity in the administration of laws and confusion among the people. The creation of law courts allowed for a centralized system of law administration and ensured that laws were applied consistently across the country.
This also helped to establish the principle of precedent, where decisions made by the law courts in one case would be applied to similar cases in the future. Hence, the creation of law courts during the early development of the English common law was primarily for the purpose of administering law in a uniform manner and establishing the principle of precedent.
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1. Edit the following sentence. Name the grammar mistake (e.g., misplaced modifier, faulty parallelism, and so forth). Then correct the error by rewriting the sentence.
Because of the fact that paralegals’ time is charged at lower rates, paralegals may be employed by law firms and corporations to perform tasks previously performed by lawyers.
2. Edit the following sentence. Name the grammar mistake (e.g., misplaced modifier, faulty parallelism, and so forth). Then correct the error by rewriting the sentence.
With specificity, paralegals may be asked to perform legal research of case and statutory materials in the event that a client requests an answer to a problem of a legal nature and is concerned about saving money.
3. Edit the following sentence. Name the grammar mistake (e.g., misplaced modifier, faulty parallelism, and so forth). Then correct the error by rewriting the sentence.
It is important to note that some states are considering allowing paralegals to practice independently.
4. Edit the following sentence. Name the grammar mistake (e.g., misplaced modifier, faulty parallelism, and so forth). Then correct the error by rewriting the sentence.
Try this schedule; shower, eat breakfast, drive to the train, go to work, and come home.
5. Edit the following sentence. Name the grammar mistake (e.g., misplaced modifier, faulty parallelism, and so forth). Then correct the error by rewriting the sentence.
The prosecutor will attempt to within the course of the trial persuade you that the defendant committed the crime.
6. Edit the following sentence. Name the grammar mistake (e.g., misplaced modifier, faulty parallelism, and so forth). Then correct the error by rewriting the sentence.
The substance of Walter Mondale’s speeches is more similar to Jimmy Carter.
Answer:
Grammar mistake: Faulty parallelism
Corrected sentence: "Law firms and corporations may employ paralegals to perform tasks previously performed by lawyers because their time is charged at lower rates."
Grammar mistake: Wordiness
Corrected sentence: "Paralegals may be asked to conduct legal research and review case and statutory materials for clients who want to save money and have questions about legal problems."
No grammar mistake. The sentence is grammatically correct as is.
Grammar mistake: Lack of parallel structure
Corrected sentence: "Try this schedule: shower, eat breakfast, drive to the train, go to work, and then come home."
Grammar mistake: Word choice
Corrected sentence: "The prosecutor will try to convince you during the trial that the defendant committed the crime."
Grammar mistake: Lack of parallel structure
Corrected sentence: "The content of Walter Mondale's speeches is more similar to that of Jimmy Carter."
Explanation:
why did rhode island not attend the constitutional convention
The Rhode island not attend the constitutional convention because they believed that the constitution gave too much power to the central government at the expense of the state powers.
There were several reasons why the Rhodes island didn't attend the constitutional convention out of which the most important reason was that they believe the constitution of United States being federal in nature, where division of powers can be seen significantly powers are not distributed equally between the center and the state, the union government was favored with more powers over the state government according to them. They didn't approve the new constitution they believed it is biased. Rhode island wanted a new constitution to be formed and did not ratify the constitution of United States and its amendments.
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