Answers
The three judgements include: Reverse the lower court's decision fully and send the matter back there for a fresh trial, or affirm (uphold) the lower court's decision.
An appellate court may take as little as a month or as much as a year or more to issue its ruling or judgement. Although there is no time restriction, the typical duration is six months. The amount of time does not necessarily indicate the type of decision the court will make.
It's quite difficult to succeed on appeal. You must demonstrate that the trial court made a legal error that negatively impacted you. You must demonstrate that there was an error, not the trial court, which need not demonstrate that it was correct. So, winning an appeal is extremely difficult.
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Related Questions
if a prepaid smart card or gift card is lost, then the money that was on that card is
Answers
Answer:
The money in the gift card will be lost aswell if you loose it
Would you say this case describe a situation of a labor surplus or a labor shortage? why?
Answers
The situation describes a labor surplus. When there is an oversupply of labor, it means that there are more workers than jobs available.
This can lead to high unemployment rates as employers do not need to fill many vacancies, leading to a surplus of laborers. This case describes a situation of labor surplus because the number of job seekers is much greater than the number of available jobs.
In this case, there are a significant number of people looking for jobs, but there aren't many job openings available for them. A labor surplus means that there is more supply than demand for labor. In other words, there are more workers than jobs available.
This can lead to competition among workers, resulting in lower wages. Employers can easily find workers, but employees may struggle to find work. When there is a surplus of labor, it's hard for workers to find jobs, and the unemployment rate increases.
Thus, this case describes a situation of labor surplus, as there are many workers and few job openings available.
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the department of justice filed a lawsuit against microsoft claiming it was engaging in unfair practices by ____________.
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The Department of Justice filed a lawsuit against Microsoft in 1998, claiming it was engaging in unfair practices by using its monopoly power in the PC operating systems market to maintain its dominance and eliminate competition, specifically Netscape Communications Corporation.
Microsoft was bundling its web browser, Internet Explorer, with its Windows operating system, making it the default browser for most users and hindering competition from Netscape Navigator, which was still the dominant browser at the time.The lawsuit argued that Microsoft's practices harmed competition and innovation, and that it was violating the Sherman Antitrust Act. The Department of Justice sought to break up the company into smaller pieces, but a settlement was eventually reached in which Microsoft agreed to stop bundling Internet Explorer with Windows and to allow other companies to design software that could be integrated with the operating system.
The lawsuit and its settlement had a significant impact on the technology industry and set a precedent for antitrust enforcement in the United States.
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The government form that provides notice to the alien of the pending immigration removal charges filed against him/her is called:
Answers
Answer: Notice to Appear (NTA) policy memorandum (PM) (PDF, 599.37 KB) providing guidance on when USCIS may issue Form I-862, Notice to Appear. An NTA is a document that instructs an individual to appear before an immigration judge. This is the first step in starting removal proceedings against them
Describe the kinds of intelligence that are collected.
Answers
Human intelligence (HUMINT), signals intelligence (SIGINT), imagery intelligence (IMINT), measurement and signatures intelligence (MASINT), and open source intelligence are among these disciplines (OSINT). Each of these disciplines is used to some extent by adversaries against the United States.
Human Intelligence (HUMINT) is the gathering of data from human sources. The collection can take place openly, such as when FBI agents interview witnesses or suspects, or it can take place clandestinely or covertly (espionage). The FBI is in charge of collecting HUMINT in the United States.
Data collection is an important step in the intelligence cycle because it involves gathering information.
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Attached is the question
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The A can get a prohibitory injunction in equity and stop B from spraying the land with pesticides, even though A claims compensation at law.
Do remedies in equity include injunctions?Injunctions, specific performance, and prohibitory injunctions are some examples of equitable remedies. An injunction is a court order telling someone to stop doing something that is against the law. Injunctions and particular performance are the two primary equitable remedies, and in informal legal jargon, allusions to equitable remedies are sometimes phrased as referring to those two remedies alone.
An injunction can be prohibitive, preventing someone from doing something, or mandatory, ordering them to do something. The harm includes payment for the "market value" of your animal as well as related "economic damages" such as veterinarian costs. Additionally, noneconomic and punitive damages may be awarded in certain circumstances, such as when the individual intentionally hurt your animal.
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Why is DNA profiling not more commonly used in criminal investigations?
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Answer:
DNA can be used to identify criminals with incredible accuracy when biological evidence exists. ... In cases where a suspect is identified, a sample of that person's DNA can be compared to evidence from the crime scene. The results of this comparison may help establish whether the suspect committed the crime.
Explanation:
Explain why is law is an instrument which regulate human conducts?
Answers
Answer:
Law is an instrument which regulates human conduct/behavior. Law means Justice, Morality, Reason, Order, and Righteous from the view point of the society. Law means Rules of court, Decrees, Judgment, Orders of courts, and Injunctions from the point of view of Judges.
Business Law
Choose 6 of the 8 terms listed. For each term that you select, (1) identify the legal context in which it arises; and (2) define the term. indicate whether the term relates to "pretrial," "trial," or "posttrial" procedures and/ or to which part of the Constitution the term relates.
(a) summons
(b) Bill of Rights
(c) motion in limine
(d) voir dire
(e) jury instructions.
(f) symbolic speech
(g) verdict
(h) relevant evidence
Answers
Legal context refers to the framework of laws, regulations, and legal principles that surround a specific issue or situation. Pretrial, trial, and posttrial procedures are distinct stages in the legal process. Pretrial procedures involve actions taken before a trial begins, such as gathering evidence, filing motions, and selecting a jury. Trial procedures refer to the actual conduct of a trial, where parties present their case to a judge or jury. Posttrial procedures occur after the trial's conclusion and may include appeals, enforcement of judgments, or resolution of outstanding issues.
(a) Summons: A summons is a pretrial procedure in which a legal document is issued by a court to the defendant in a case, notifying them of the lawsuit and requiring them to appear in court. The summons informs the defendant that they must respond to the plaintiff's complaint within a certain time frame. It guarantees the right to a fair trial. This term relates to the Sixth Amendment of the Constitution, which guarantees the right to be informed of the nature and cause of the accusation as well as relates to the Due Process Clause in the 14th Amendment of the Constitution.
(b) Bill of Rights: The Bill of Rights is the collective name for the first ten amendments to the United States Constitution, which outline and protect the fundamental rights and liberties of individuals. These amendments establish a variety of rights (individual rights), such as freedom of speech and the right to a fair trial. These amendments relate to both pretrial and trial procedures. It also addresses post-trial procedures.
(c) Motion in limine: A motion in limine is a pretrial motion made by either party in a legal case, requesting that the court exclude certain evidence from being presented at trial. This motion is typically filed when one party believes that the evidence is inadmissible or prejudicial and could unfairly influence the jury's decision. It relates to the Rules of Evidence and can be tied to the 6th Amendment's right to a fair trial as well as to the Due Process Clause of the Fifth Amendment, which guarantees the right to a fair trial.
(d) Voir dire: Voir dire is a pretrial procedure in which the judge and attorneys question potential jurors to determine their impartiality and suitability for serving on the jury. The goal of voir dire is to select a fair and unbiased jury for the trial i.e., it guarantees the right to an impartial jury. It is related to the 6th Amendment's guarantee of an impartial jury and the 7th Amendment's right to a trial by jury in civil cases.
(e) Jury instructions: Jury instructions are given during the trial phase, wherein the judge provides the jury with guidance on how to apply the law to the facts of the case or evidence. These instructions help ensure that the jury reaches a verdict based on a proper understanding of the applicable laws and legal standards. It guarantees the right to a fair trial. This term relates to the Due Process Clause of the Fifth Amendment.
(f) Symbolic speech: Posttrial procedure where a defendant can challenge their conviction if they feel their freedom of speech has been violated. This term relates to the First Amendment, which protects the freedom of speech and expression.
(g) Verdict: The verdict is a posttrial procedure in which the jury, after considering the evidence and applying the relevant laws, decides on the outcome of the case. The verdict can be either guilty or not guilty in a criminal trial, or a determination of liability and damages in a civil trial. This term relates to the Sixth Amendment, which guarantees the right to a trial by jury.
(h) Relevant evidence: Relevant evidence is any evidence presented during the trial phase of a legal case that has a direct bearing on the facts of the case. It must be both material (having a direct relationship to the matter at hand) and probative (tending to prove or disprove a fact in question) to be admissible in court. This term relates to the Due Process Clause of the Fifth Amendment, which guarantees the right to a fair trial.
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how did delegates to the constitutional convention sidestep their original mandate?
Answers
The delegates to the Constitutional Convention, which took place in Philadelphia in 1787, did deviate from their original mandate to revise the Articles of Confederation.
The original intent of the convention was to propose amendments to the Articles of Confederation in order to address the weaknesses and shortcomings of the existing government system. However, the delegates ultimately went beyond their original mandate and instead drafted an entirely new constitution, which is the basis of the United States' current system of government.
There were several reasons why the delegates sidestepped their original mandate:
The flaws of the Articles of Confederation: As the convention proceeded, the delegates realized that the Articles of Confederation were fundamentally flawed and that simply amending them would not be sufficient to create a strong and effective central government. The delegates believed that a complete overhaul was necessary to address the challenges faced by the young nation.
The presence of influential leaders: The convention was attended by prominent and influential individuals, such as James Madison, Alexander Hamilton, and George Washington. These leaders had a broader vision for the future of the United States and saw the opportunity to create a stronger national government that could better address the needs of the country.
Secrecy and closed proceedings: The convention was conducted in secrecy, and the delegates were given the freedom to speak their minds without fear of immediate political repercussions. This allowed for open and frank discussions among the delegates, which likely contributed to the exploration of more radical ideas and a departure from the original mandate.
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Do you believe that there are too many lawsuits in the United States? If so, do you place more blame for the problem on lawyers or on individuals who go to court? Is there anything that would help the problem?
What if any are the positive outcomes of lawsuits?
Answers
Answer:
do a protest
Explanation:
Assume instead that, upon witnessing the lovers in each other's arms, Jill departs from the home and drives around in her car for an hour brooding about her husband’s infidelity. She then returns to the home, finds a shotgun in the garage, and then shoots and kills Jack and Sue. What is the offense for which she will now most likely be convicted? Why did you choose this offense? Support your analysis
Answers
Answer:
she will have murder charges and assault charges.
Explanation:
murder charges because she shot and killed both of them assault charges because she assaulted them by shooting them, and since she killed 2 people she will most likely be found guilty and will be in jail for at least 10-20 years.
There are significant differences between a Criminal Court case and a Civil Court case. If Sike Muldoon was apprehended by the RCMP while attempting to carry out a terrorist act the style of cause for the trial would be ________ and it would be the ____________versus the ____________. If Muldoon wanted to plead not guilty, he would attend_____________ . Then when the matter goes to trial, prosecutor would have to prove Muldoon’s guilt ________________ .
Answers
In a criminal court case, if Sike Muldoon was apprehended by the RCMP while attempting to carry out a terrorist act, the style of cause for the trial would be "R. v. Muldoon," indicating that it is a criminal prosecution.
In a criminal court case, the style of cause is typically represented by "R. v." (which stands for "Regina" or "Rex," meaning the Queen or the King, representing the state) followed by the name of the accused. In this scenario, the style of cause would be "R. v. Muldoon," indicating that it is a criminal prosecution against Sike Muldoon.
If Muldoon wanted to plead not guilty, he would attend a plea hearing, where he would formally enter his plea before the court. At this stage, Muldoon would have the opportunity to state that he disputes the charges against him and intends to defend himself against them.
During the trial, the burden of proof rests on the prosecutor. In a criminal case, the prosecutor must prove the accused's guilt beyond a reasonable doubt. This means that the prosecutor needs to present sufficient evidence and establish that there is no reasonable doubt regarding Muldoon's involvement in the attempted terrorist act.
The judge or jury will assess the evidence presented and determine whether the prosecution has met this high standard of proof. If the prosecutor fails to prove Muldoon's guilt beyond a reasonable doubt, he would be acquitted of the charges.
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Which of the following is not contained in the Environmental Impact Statement
A. A statement of any adverse negative environmental impacts that cannot be avoided if the proposal is carried out
B. Alternatives to the proposal, including taking no action
Answers
The item that is not contained in the Environmental Impact Statement is A. A statement of any adverse negative environmental impacts that cannot be avoided if the proposal is carried out.
What is the Environmental Impact Statement?The environmental impact statement can be described as the government document which is been used to display the impact of a proposed project on its surrounding environment.
It should be noted that In the United States, it was mandated by federal law for certain projects and this guarantees that no species or habitat will be negatively impacted by the proposal.
Therefore, option A is correct.
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How did zebulon brockway's use of indeterminate sentences ultimately result in earning the title "father of american parole?"
brockway was called the "father of american parole" by the prison guards in connecticut because they predicted he would become famous
by introducing indeterminate sentences
brockway believed in reformation, seeing indeterminate sentences as allowing time for prisoners to lessen their prison time by good
behavior and accessing education and trade training
brockway, like maconochie, wrote a book on american prisons, which became a best seller, and so brockway spent most of the rest of his
career giving lectures on prison reform
brockway was like maconochie when he introduced work-and-release system, which became popular with his supervisors, but brockway
had much opposition from his peers who did not see the value of reform
Answers
Brockway is widely regarded as the Father of Prison Reform and the Father of American Parole.
His plan was to rehabilitate convicts and reward them with early release for good behavior and hard labor.
Brockway spent the majority of his tenure as the administrator of the Elmira Reformatory.
About Zebulon Brockway:On April 28, 1827, Brockway was born in Lyme, Connecticut.In 1848, he began working as a prison guard or assistant warden in the state jail in Wethersfield, Connecticut. By the age of 23, Brockway was working as a clerk at the Wethersfield prison. He later spent four years as the assistant superintendent of the Municipal Alms House in Albany, New York.In 1854, he was appointed administrator of the Monroe County Penitentiary in New York.Brockway is widely regarded as the Father of Prison Reform and the Father of American Parole. His plan was to rehabilitate convicts and reward them with early release for good behavior and hard labor. Brockway spent the majority of his tenure as the administrator of the Elmira Reformatory.Therefore, Brockway is widely regarded as the Father of Prison Reform and the Father of American Parole.
His plan was to rehabilitate convicts and reward them with early release for good behavior and hard labor.
Brockway spent the majority of his tenure as the administrator of the Elmira Reformatory.
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A 17-year-old contracts to buy his neighbor’s car. The neighbor is 18-years- old.
a. Is there a contract?
b. Was it breached if the neighbor sells it to someone else for $100 more?
knowledge of contract formation and defenses, please review the following scenarios and state whether there is a valid contract, (i.e., an offer, acceptance and consideration)
Answers
Answer:
Was it breached if the neighbor sells it to someone else for $100 more?
Provision that authorizes payment to anyone fairly entitled to insurance proceeds only one to the insurance proceeds by reason of having incurred expenses
Answers
Provision that authorizes payment to anyone who is fairly entitled to the insurance proceeds because of having incurred expenses on behalf of the insured for medical treatment and/or burial
Answer:
Facility of Payment Clause
Explanation:
Facility of Payment Clause was formulated to prevent the need to nominate any of the administrator, executor, or guardian to obtain the insurance benefits, and then immediately fasten the settlement of disputes among rival claimants without the unnecessarily wasting time and going through litigation.
Hence, in this case, the right answer is Facility of Payment Clause
On February 2019, Melinda applies and nominates herself for the prestigious North American Literary Prize. In June 2019, she wins the prize for her academic and literary works. The award comes with a $1,000,000 cash prize that Melinda then donates to the City of Denver. Melinda is not required to take any action after receiving the cash prize. Is Melinda required to include the cash award in Gross Income?
Answers
Answer:
Melinda is required to include the cash prize in the Gross Income.
Explanation:
Gross Income is the total payment in cash, goods and services that a person received before tax reductions, that is, it is the general value of everything that a person received in a given period of time, including wages, premiums, real estate, among other things . In this case, we can confirm that the cash prize received by Melinda must be included in her Gross Income, in addition, if she has received a prize with an economic value, she must also include this prize in the Gross Income, even if she has donated .
Jurisdiction refers to witch of the following
Answers
Answer:
in Parliament refers to justice
Explanation:
Mark brainliest
Which of the following are local issues that escalated into national issues? how much time working parents need to have to care for their children not having anyone to take care of a new child in the family
how often trash pick-up should occur
not having rules or regulations set for using dog parks
how many people should be elected to the city council
Answers
Answer:
no idea. b
Explanation:
sorry i dont no
write 5characters of pisces
Answers
Answer:
they have scale
they have fins
they respire through gills
they have streamline body
they lay eggs that is ovaprious
in american government’s federal framework, sovereignty (that is, supreme and independent political authority) is
Answers
In the American federal framework, sovereignty is divided between the federal government and the individual states.
In the federal structure of the American government, the federal government and the various states share the supreme and independent political authority known as sovereignty. A key component of federalism is this division of sovereignty. All other powers are reserved to the states or the people, as stated in the Tenth Amendment, according to the U.S. Constitution which establishes the federal government as a limited government with only those powers granted to it.
The states retain residual authority to run their internal affairs, while the federal government has certain enumerated powers, such as the ability to control interstate commerce and declare war. Within the American political system, this shared sovereignty ensures a balance between national leadership and state autonomy.
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What is the difference between SWAT and FBI SWAT?
Answers
Answer:
Swat are there to control dangerous people. For example, they were called during the L.A shootout of 1997. The fbi can solve National crimes, kind of like the s.w.a.t of detectives.
Explanation:
Mike Reed, a partner in Post Co., received the following distribution from Post:
Post's basis Fair market value
Cash $11,000 $11,000
Land 5,000 12,500
Before this distribution, Reed's basis in Post was $25,000. If this distribution were nonliquidating, Reed's recognized gain or loss on the distribution would be
a. $11,000 gain.
b. $ 9,000 loss.
c. $ 1,500 loss.
d. $0.
Answers
Reed's recognized loss on the distribution would be $ 1,500. The correct option for the given question is "option C."
In this scenario, Mike Reed received a distribution from Post Co. consisting of cash and land. To determine the recognized gain or loss on the distribution, we need to compare the fair market value of the assets received to Reed's basis in Post before the distribution. The fair market value of the cash received is equal to the basis, so there is no gain or loss on the cash portion.
However, the fair market value of the land received is $12,500, which exceeds its basis of $5,000. Therefore, there is a recognized gain of $7,500 ($12,500 - $5,000) on the land distribution. As a result, the correct answer is option C, which states a $1,500 loss (since the recognized gain is positive, the answer would be a loss).
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Are police officers allowed too much discretion? Why is discretion a necessary element of policing?Or is it?
Answers
What is jurisprudence
Answers
Answer:
the theory or philosophy of law.
Explanation:
Answer: Jurisprudence is the theory or practice of law. It is also a field of study and the court and trial system used to administer law and justice is an example of jurisprudence.
What is the environmental impact assessment act, and its
benefits? (please answer in a detailed non- plagiarized answer
)
Answers
The Environmental Impact Assessment Act evaluates and manages the environmental impacts of proposed projects, promoting sustainable development and environmental protection.
A framework for assessing and managing the potential environmental effects of proposed projects or activities is established by the Environmental Impact Assessment Act. Its main advantages include promoting sustainable development by taking into account social, economic and environmental factors, protecting the environment by identifying and mitigating negative effects and facilitating public participation in decision making processes.
The act promotes project enhancements and modifications, ensures adherence to environmental regulations and provides comprehensive information on environmental impacts to enable informed decision making. The EIA Act promotes more environmentally conscious and sustainable development, ecosystem protection and a balance between development and conservation by incorporating environmental factors into project planning.
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Political institutions include which of the following?
A. training centers for party operatives and campaign workers
B. the places where the former Yugoslav government put dissidents
C. the official buildings where government employees work
D. rules prescribing the process for researching and enforcing collective agreements
Answers
Political institutions include training centers for party operatives and campaign workers, as well as the official buildings where government employees work. The correct options are A and C.
The education and training necessary for political participation is provided by political institutions such as training programs for party operatives and campaign staff. Government workers work in official buildings like legislatures and administrative offices.
The allusion to the former Yugoslavian government and dissidents however it is not specifically about political institutions rather it refers to abuses of human rights. Institutions related to labor or employment are more closely associated with the rules for investigating and enforcing collective agreements.
Political institutions which include executive branches, legislative bodies, electoral systems and public administration are primarily the frameworks and procedures that support governance and decision making. The political landscape of a society is significantly shaped and governed by these institutions.
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An implied contract may result from statements found in employee handbooks or other employment documants.
A. True
B. False
Answers
Answer:
True.
Explanation:
A contract is a signed agreement between an employer and an employee stating various ground rules as terms of employment. This is a signed and official documentation that holds both parties in an agreement.
An implied contract, on the other hand, is not a written or verbally spoken contract but is based on the actions of the parties involved. It is still legally binding and is a form of agreement between the concerned parties. And so, it can also be a result of any statements found in an employee's handbook or other employment documents.
Thus, the answer is true.
As an early childhood education caregiver, what would be a challenge of working with a helicopter parent
Answers
Answer:
As a caregiver you can't always do that because you are busy with other children but you can tell the parent that you can give them a review at the end of the day when they will pick up their child.
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