The Washington state high court held that the rule was not sensible in modern times and would be dropped. this is an example of how: (B) common law can adapt to changing circumstances
4 Alan's daughter Tami Davis, who is also his estate's personal representative, brought this negligence claim against Baugh and other defendants. The completion and acceptance doctrine absolved Baugh of culpability for negligence once the work was finished and accepted by the property owner, according to the summary judgment that the trial court awarded Baugh. Additionally, the trial court partially invalidated an expert declaration for Davis. Davis contends that the trial court erred in his direct appeal from the superior court. We both agree and switch. NORMS OF REVIEW
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Complete Questions:
In Davis v. Baugh Industrial Contractors, the traditional common law rule prevented a party who accepted a completed construction project from later suing the contractor for flaws in construction that caused injury to others. In reviewing such a case, the Washington state high court held that the rule was not sensible in modern times and would be dropped. This is an example of how:
(A) modern day values are changing
(B) common law can adapt to changing circumstances
(C) common law never changes
(D) courts can never go against a precedent set in previous cases
(E) none of the other choices
Which of the following should be used to find to help you find cases that have
construed and defined terms, words, and phrases, whether those are legal terms
or everyday terms?
The following should be used to find to help you find cases that have construed and defined terms, words, and phrases, whether those are legal terms or everyday terms American Law Reports.
Which three principles govern the interpretation of statutes?The "Intention of Parliament" must be carried out in the construction (interpretation) of statutes, and the English courts created three primary guidelines (plus a few minor ones) to help them in this endeavor. The golden rule, the literal rule, and the mischief rule were these.
What kind of cases has the Supreme Court initial jurisdiction over?The Supreme Court is the first and only Court to consider a case, which is referred to as original jurisdiction. The Constitution restricts matters with original jurisdiction to those involving disagreements between states or among ambassadors and other high-ranking ministers.
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Sheriff Diamond’s proposal to create a county-wide multijurisdictional communications center was an unusual idea in law enforcement communications.
True
False
Answer:
False
Explanation:
The correct answer is False. The development of communications services that serve multiple law enforcement and emergency service responders in a county, region, or state is growing increasingly common.
To establish proximate cause in a negligence claim, it is necessary to prove that the.
Answer:
You need to ether provide more information, or answer options for people to provide an answer.
Explanation:
which is an example of a situation in which the court would likely award punitive damages after a breach of contract?
When fraud occurred the court would likely award punitive damages after a breach of contract.
Punitive damages, also known as exemplary damages or exemplary punishment, are financial penalties imposed on the defendant for egregious behavior and/or as a means of reforming or discouraging future such behavior by the defendant and others. Such behavior was the reason for the litigation. Punitive damages are regarded as punishment and are frequently given at the court's discretion when the defendant's actions are determined to be particularly detrimental. In the legal sense, fraud is the deliberate deception used to get an unfair or illegal advantage or to deny a victim of a legal right. Fraud can be against the law in both civil (a victim of scam may file a lawsuit against the perpetrator to stop the fraud or obtain monetary restitution) and criminal ( (e.g., a fraud perpetrator may be prosecuted and imprisoned by governmental authorities).
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By judicial interpretation, the due process clause of the fourteenth amendment to the united states constitution __________.
By judicial interpretation, the due process clause of the fourteenth amendment to the united states constitution restricts the federal government.
The Due process Clause of the Fourteenth change is precisely like a similar provision within the 5th change, which best restricts the federal authorities. It states that no man or woman shall be “deprived of life, liberty, or assets without a due method of regulation.” typically, “due manner” refers to truthful strategies.
Delivered to cope with the racial discrimination continued via Black individuals who were recently emancipated from slavery, the amendment showed the rights and privileges of citizenship and, for the first time, assured all people equal protection beneath the legal guidelines.
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In case of each of the following situations, state the conditions, as
specified under the Contract Act, 1872 which must be fulfilled to make a
binding contract.
(i) In February 2014, Raheel promised to pay Rs. 300,000 to Sameer against a
debt of Rs. 500,000 which was due for payment in March 2010. (03)
(ii) Shazia promised to pay Rs. 100,000 to her brother Rauf on account of his
University fees for three years
Is unique beneath the contract Act, of 1872 which needs to be fulfilled to make binding settlement decisions. option A In February 2014, Raheel promised to pay Rs. 300,000 to Sameer in opposition to debt of Rs. 500,000 which turned into a due fee in March 2010.
The Indian agreement Act of 1872 presents proper personnel to the parties who have certain guarantees in an agreement. accordingly, the parties in any such situation can most effectively implement their contractual rights against every different most effective and no longer against the sector at big.
Section 28 of the Indian settlement Act, of 1872 states that an agreement in absolute restraint of criminal proceedings is void. phase 28 (a) of the Indian contract Act, of 1872 states that: No agreement can debar the enforcement of rights via a courtroom of law. No settlement can oust the jurisdiction of a court docket.
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aggressive driving behavior, such as speeding and rapid acceleration and braking, can lower your gas mileage by up to what highway speeds.
Answer:
Aggressive driving (speeding, rapid acceleration, and braking) wastes gasoline. It can lower your gasoline mileage by 33% at highway speeds and by 5% around town. Sensible driving is also safer for you and others, so you may save more than money.
Explanation:
Floyd is riding his bicycle down the street while texting on his phone. floyd does not see vivian, a store owner, who is putting magazines out in front of her storefront. he looks up just in time and swerves to miss vivian but knocks her entire magazine rack and newsstand down, totally destroying it. is floyd liable?
Answer:
Yes
Explanation:
Yes, Vivian has a competent loss and lost money.
Indeed, Vivian suffered a legitimate loss and lost money. Yes, liable
What is money?Money is a trade good accepted by general consent as a medium of economic conversation. It is the medium in which prices and values are expressed. It flows from person to person and country to country, making trade, and it is the debt measure of wealth. Money is any good that is widely used and accepted in written accounts involving the transfer of goods and divine service from one person to another.
Maybe doing something very likely to accomplish anything When we are weary, we are all more likely to make mistakes. The bridge could fall down at any time. liable to something is that you are likely to be impacted by it. If you exercise infrequently, you are more likely to get hurt.
Therefore, a legitimate loss and lost money. Yes, liable
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Why are positive rights more controversial than negative rights
Positive rights are more controversial than negative rights because the only requirement for following negative rights is that we refrain from meddling with one another. But, positive rights are contentious since they demand that we be provided with commodities and services at the expense of other people.
A negative right is used to limit the activities that other people or governments can do toward or against the right holder. On the contrary, positive rights give the bearer of the right the ability to make a claim against the other person or the government for a particular good, service or plan of action.
Positive rights lean towards the idea of "doctrine of entitlements" which holds that certain individuals are entitled to things that other people have worked hard for. This doctrine holds that people owe others a portion—or even their entire lives—by virtue of their nature and enforceable responsibility. If people have such positive rights, no one can justify refusing to serve others. This is why positive rights are more controversial than negative rights.
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What are the differences between the democrat party and the Republic party?
On important topics including taxes, the role of government, entitlements (such as Social Security and Medicare), gun control, immigration, healthcare, abortion, and environmental policy and regulation, the Democratic and Republican parties differ.
What viewpoints does the Democratic Party hold?The Democratic Party, whose emblem is a donkey, is typically associated with left-leaning, liberal, and progressive ideological ideas. As a result, it supports strong government regulation of businesses and support for American citizens. Thus, Democrats emphasize social responsibility as one of their core ideals.
What principles does the Republican Party uphold?Libertarianism, social conservatism, and economic conservatism are just a few examples of the right-leaning ideologies that the Republican Party is known for advocating. Republicans therefore typically embrace traditional values, little government meddling, and strong private sector support.
What distinguishes the republican party from the democratic party?The disparities between Democratic and Republican party stances and policies on important topics like taxes, the role of government, entitlements (such as Social Security and Medicare), gun control, immigration, healthcare, abortion, and environmental regulation. Although these two parties control the majority of the political scene in America, their ideologies and ideals are very dissimilar.
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Find a court case and discuss how pretrial motions were used by the defendant.
Answer:
Common pre-trial motions include: Motion to Dismiss – an attempt to get the judge to dismiss a charge or the case. This may be done if there is not enough evidence, if the alleged facts do not amount to a crime. Motion to Suppress – an attempt to keep certain statements or evidence from being introduced as evidence.
Explanation:
Responding to or filing motions is one of the last actions a prosecutor takes pretrial. A motion is an application to the court made by the prosecutor or defence lawyer asking the court to rule on a particular issue prior to the trial. The court, defendants, witnesses, evidence, or trial all may be impacted by the motion.
What are some common pre-trial motions?A motion to dismiss is made in an effort to have the case or charge dismissed by the judge. If there is insufficient evidence or if the alleged facts do not constitute a crime, this may be done.
A motion to suppress is an effort to prevent the introduction of certain testimony or evidence as evidence. For instance, it might be possible to suppress the evidence obtained as a result of a search conducted by the police without a warrant.
Motions for venue changes may be submitted for a number of reasons, including trial publicity. To protect the defendant's right to an impartial jury, it might be necessary to move the trial to another location if the local news has extensively covered the case.
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PLEASEEEE HELP 20 POINTS
Noah would like to work in a courtroom. He's very interested in legal matters and historic court cases. He would like to preside over juvenile cases and decide on the best course of disposition for the crimes. Which career would Noah most likely be interested in?
Probation officer
Detention intake screener
Youth development specialist
Judge
Noah is most likely interested in the career of a judge. Thus, option D is correct.
What is a courtroom?A courtroom can be defined as the place where the judge or people usually go in to get a decision for a particular trial.
If I were likely to pursue legal matters but my interest in historical places, then the best course of action should be to become a judge. People would want to know a judge about all the cases that have happened in the past as well as the legal decision-making power that would be a great effect.
Therefore, option D is the correct option.
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Tina Muller applied for a loan with CES Credit Union so that she could buy a car form her brother, Joseph Muller. They both signed the loan contract, with Joseph signing as a cosigner. It was two months before Joseph’s eighteenth birthday. The loan was approved, so Joseph transferred the car to Tina. When she defaulted on the loan, CES repossessed the cear and sold it for less than the loan amount. More than ten years after Joseph cosigned the note, CES sued him for the deficiency. He tried to disaffirm the contract. Could he?
No he would not be able to have to disaffirm the contract.
What is meant by disaffirmance?This is the term that is used to refer to all that has to do with the denial as well as the nullification of the transaction that has been done at an earlier date. It has to do with the repudiation of the transaction that is to be done.
The way that this would have to occur would be through the fact that there would be the avoidance on the settling of an obligation.
There was no contract in this case given that those that have entered a contract would be the persons that would be able to have a voidable contract and would also be able to abide by the contract and also have to disaffirm the contract.
The issue of disaffirmance is known to be done only by a person that is a minor or it could be carried out by one that is within an reasonable time.
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2. Paraphrase Explain the meaning of these lines from part 27
of In Memoriam: "Tis better to have loved and lost / Than
never to have loved at all."
Answer:
It is preferable to have loved and lost than to have never loved.
Explanation:
^^^
4. State one (1) difference between political participation and political contestation.
5. State any two (2) benefits of monitoring and evaluation in the public policy process?
6. State two (2) 3rd generation theories in public policy implementation.
7. Give any two (2) differences between parliamentary and presidential democracies
According to empirical data, having a better understanding of politics helps people develop more stable and consistent political attitudes, further their own interests, and make decisions that are consistent with their values and preferences.
The required details for political participation and political contestation in given paragraph
It also encourages support for democratic values and fosters confidence in the political system. Political involvement encompasses a wide range of actions by which people form and express their ideas about the world and its governance, as well as attempt to influence and participate in decisions that have an impact on their lives. According to the dictionary, contestation is a "social practice [that] comprises resistance to particular concerns that matter to people."
People can form and express their thoughts on the world and its governance through a wide variety of political participation-related activities.
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Reading the data from the given table of crimes per 1,000 residents, in which year did crime increase at all three levels of government?
2005
2003
2004
2008
BUSINESS LAW 1-
Sally had a checking account at Wayne Bank. Wayne Bank sent her special checks that she could use
to draw on a line of credit (short term loan). When Sally used these checks, Wayne Bank did not
take money our of her checking account; instead, it treated the checks as loans and charged her
interest. The interest rate was not apparent from the face of the check. When Sally wrote checks,
Wayne Bank sold them to Wolfe. Were the checks negotiable instruments? Explain your answer.
No, the checks were Negotiable Instruments. The checks did not meet the requirement of unconditionality.
What are the principles of negotiability?The six principles of negotiability are as follows:
It must be documented in writing.The creator or drawer must sign it.It must be an unconditional commitment or payment order.It must be for a certain monetary sum.It must be paid on demand or at a specific time.Unless it is a check, it must be made payable to the order or bearer.In this case, the check did not meet the requirement of unconditionality. They served her the check based on the condition or terms of a loan.
A negotiable instrument is defined by the UCC as an unconditioned document that promises or directs the payment of a specified amount of money. The two types of instruments are drafts and notes. A draft is a document that directs the payment of money. A check is an example.
Technically, they are also called convenience checks.
A convenience check can be used in the same way as a personal check, but when you write one, the money is deducted from the credit card's line of credit. If you wish to use a convenience check to make a purchase, simply make a check out to the merchant for the amount of your transaction and sign it.
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In many states, a plaintiff who willingly enters a dangerous situation and is injured will be barred from recovery even if the dangerous condition is not his fault. True or false?.
This is true. In the law of tort if a person goes ahead to willing enter into a dangerous situation then they would not be liable to getting any forms of recovery.
What is a recovery?This is the term that is used to refer to the compensation that the person who is suing another person for an injury or any other forms of grievances is to get.
The person would not get this here based on the circumstances that surrounds the issues here. They had known the effects of the action but they also willing entered into it. Hence they would not get a recovery
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if a minor injures another person or damages another person’s property, he or she may be liable for such injuries or damages and may be prosecuted by the in a action.
This is true. If a minor is found to have acted or carried certain actions that have led to these they may be prosecuted for this action.
Who is a minor?This is the term that is used to refer to the person that is under the age of 18 years. That is the person is considered to be in their juvenile age and certain laws may not be applied to them.
The negligence of a minor that may result in harm or other forms of destruction on another person can be attributed to their parents. The courts may rule this as the fault of the guardians and the parents that failed to keep an eye on their ward.
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Complete question
if a minor injures another person or damages another person’s property, he or she may be liable for such injuries or damages and may be prosecuted by the in a action.
T or F
a person who had been convicted of a felony 10 years ago was turned down for license. if he still desired a license, what is his next course of action? select one: a. file a new license application with the georgia real estate commission b. request a hearing before the attorney general c. make a personal appeal to the governor d. request a hearing before the real estate commission
Answer:
D
Explanation:
Request a hearing before the real estate commission
The purpose of the open door policy proposed by the united states in 1899 was to.
Answer:
You need to ether provide more information, or answer options for people to provide an answer.
Explanation:
A driver can be within the legal limit of BAC, but still be impaired.
A. True
B. False
The statement is true as being within the legal BAC limit does not necessarily mean a driver is not impaired.
A driver may be impaired even with a blood alcohol concentration (BAC) that is below the legal limit. Different people react to alcohol in different ways, and even a small amount can affect a person's judgment, coordination and reaction time. The degree of impairment can vary depending on a number of variables including tolerance, body weight, metabolism and the presence of other drugs.
Furthermore, impairment can be arbitrary and change depending on how well a person thinks of their own abilities. Therefore, it's crucial to understand that driving safely does not depend on being under the legal limit and that making sensible choices whenever drinking alcohol should always come first.
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Double jeopardy is
O a bonus round on a popular television show
the term for when a person is tried for the same crime twice
established by the Constitution as legal and acceptable
none of the above
Out of the choices provided above, it can be concluded to state that the meaning of double jeopardy is accurately described as the term for when a person is tried for the same crime twice. Therefore, the option B holds true.
What is the significance of Double Jeopardy?Double jeopardy can be referred to or considered as a term that is used to describe the situation that an individual cannot be put into trial for the same criminal act more than once after a judgement or verdict with respect to the same has been made by the court of law.
The Constitutional amendment provides protection to the American citizens for being tried twice in the essence of double jeopardy, and is termed as illegal and punishable.
Therefore, the option B holds true and states regarding the significance of double jeopardy.
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Answer:
B- A term for when a person is tried for the same crime twice.
Explanation:
Explain the process of empowerment and delegation in criminal justice organizations. Include the role of trust related to delegation and empowerment.
The process of empowerment and delegation in criminal justice organizations will be from top to bottom or we can say it is from superior to subordinate.
What is delegation?Delegation refers to the shift of authority as well as power from superior to subordinate. Delegation is giving another person the authority to perform a particular activity. It is the process of distributing and delegating work to others and is therefore one of the central concepts of business management.Delegation is the transfer of responsibility for a particular task from one person to another. From a management perspective, delegation occurs when managers assign specific tasks to employees.Hire someone to direct your subordinates and tell them exactly what to do to organize surveys, collect feedback and report back to you so you can make informed decisions.
Thus, by delegating power, authority, and responsibility one can easily empower the criminal justice organizations as one superior is not burdened with all the work instead it is distributed and transferred to every subordinate.
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bill has been found guilty of theft. he feels it is unfair because the judge would not let him present certain evidence. he is alleging a violation of the fourteenth amendment?
The 14th Amendment, which was adopted on July 9, 1868, extended the freedoms and rights guaranteed by the Bill of Rights to persons who had previously been held in slavery. It was passed by Congress on June 13, 1866.
The 14th Amendment's significance was what?On July 9, 1868, the 14th Amendment became law. The amendment gave citizenship to everyone who were born in the country or who had been naturalized citizens, and it ensured that everyone in the country had access to freedom, due process, and equal protection under the law.
The Due Process Clause of the Fourteenth Amendment states what.In addition, no state may take away someone's life, liberty, or property without providing them with a fair trial or deny them the equal protection of the law if they are a resident of its territory. No State shall pass or enforce any legislation that restricts the rights or privileges of US citizens.
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in what case did the supreme court rule that the defendant does not have a right to receive a copy of the presentence investigation report?
In what case did the supreme court rule that the defendant does not have a right to receive a copy of the presentence investigation report Willems v. New York.
What could be found in a report on a presentence investigation?Generally speaking, the presentence report must include information about the alleged crime as well as the defendant's past criminal activity. The PSI must also include information about the defendant's health, finances, employment history, military experience, and family and personal background.
What does the presentence investigation report serve as?The most crucial document in the federal criminal procedure has been referred to as the presentence investigation report. Even while its major objective is to aid the court in choosing the proper sentence, its significance in decision-making following the conviction cannot be understated.
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The state constitution provides the people the opportunity to directly vote on whether to accept or reject a proposed law. This is known as a.
People having the opportunity to directly vote on whether to accept or reject a proposed law is known as Referendum.
What is a Referendum?
A referendum is a ballot that is voted on by the general population of a city, county, or state. It means that a political question is passed on to the people to decide rather than a legislative body.
Referendums are not allowed at the federal level in the U.S. government, but state and local governments can use them. They are usually put on the general ballot during most elections. Referendums are one of several forms of exercising ''direct democracy.'' This is the governmental practice of operating according to the will of the people. Mostly, referendums and other forms of direct democracy are used to decide issues rather than to elect politicians.However, referendums are meant to repeal or affirm laws created by legislatures. Referendums are considered effective for overruling legislative decisions that are unpopular.The process of using a referendum is:
A state or local legislature comes to a policy decision, or a sufficient number of citizens propose a policy. Many times, proposals (or initiatives) are created by citizen interest groups, such as civil rights groups.
Policy decisions are offered to the people on a ballot (usually as part of a general election).
The popular vote is tallied, and the opinion of the majority is followed.
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Explain how common law was imposed on the commonwealth countries.
The common law was imposed on the Commonwealth countries where the vast majority of legal systems in the Commonwealth were founded on English common law.
The common law is considered to be the law which is declared by the judges, derived from precedent and custom. Thus, it is said to originate with the legal reforms of King Henry II in the 12th century and was called “common” because it tend to apply equally across the whole country.
So, it is said that the vast majority of legal systems in the Commonwealth are founded on English common law. Where it is purely not the case, the system is applied in interlocked or parallel with other legal systems.
Hence, the English common law originated in the early Middle Ages.
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According to blackmun’s decision, why did the crèche display violate the establishment clause?.
According to Blackmun's decision, the crèche display violate the establishment clause because it was located inside a county building.
They argued that the presentations violated the primary change's status quo Clause, which says “Congress shall make no law respecting an established order of religion…” The established order Clause changed intended to prevent the government from establishing a national church, or from interfering in the political opinions of church buildings.
The establishment clause prohibits the government from "organizing" a faith. An appropriate definition of "establishment" is doubtful. Historically, it was supposed to prohibit country-backed church buildings, such as the Church of England.
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Identify a true statement about the Bill of Rights.
a) It originally had a set of six amendments sent by the First Congress to the
states for ratification.
b) it states that the right to no excessive bail and fines is applicable to all states.
c) It originally applied only to the U.S. national government, but now most of it
applies likewise to State governments.
d) It exclusively covers the first six amendments to the U.S. Constitution.