Judicial activism is when judges who go beyond what the law requires seek to impose their own policy preferences on society through their judicial decisions.
Judicial activism is a judicial philosophy holding that the courts can and should go beyond the applicable law to consider broader societal implications of its decisions. It is sometimes used as an antonym of judicial restraint.The term usually implies that judges make rulings based on their own views rather than on precedent. Judicial activism, an approach to the exercise of judicial review, or a description of a particular judicial decision, in which a judge is generally considered more willing to decide constitutional issues and to invalidate legislative or executive actions. The definition of judicial activism and the specific decisions that are activist are controversial political issues. The question of judicial activism is closely related to judicial interpretation, statutory interpretation, and separation of powers.
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brandon, a recent law school graduate, says he will provide affordable legal services to anyone who needs help. although his bar exam results are not out yet, brandon is certain that he has passed. legally, are his clients required to pay for his legal services before he has received his license?
Brandon, a recent regulation college graduate, says he'll offer inexpensive felony offerings to all people who wishes help. even though his bar examination consequences aren't out yet, brandon is sure that he has passed. No, considering that it's miles a crime for all people with out the desired nation license to provide felony recommendation.
The line between "felony recommendation" and "felony information" is frequently blurry. As a trendy be counted, most effective a legal professional might also additionally supply real felony recommendation, while any non-legal professional might also additionally recite felony information. Furthermore, it's miles usually unlawful for a non-legal professional or unlicensed legal professional to provide felony recommendation or in any other case constitute a person aside from themself in court.
Unlike felony information, felony recommendation refers back to the written or oral suggest approximately a felony be counted that might have an effect on the rights and obligations of the individual receiving the recommendation. Actual felony recommendation calls for cautious evaluation of the regulation because it applies to a individual's particular situation, against hypothesis primarily based totally on accepted facts.
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The American court system is identified as an “______”
system of law, having defined roles between Prosecution and Defense.
Option C is correct. United States uses the adversarial system in its courts. The opposing attorneys have responsibility for controlling presentation of lawsuit. Attorneys may not lie but have no duty to volunteer facts that don't support their client's case.
An impartial individual or group of people, typically a judge or jury, who try to ascertain the truth and pass judgement in accordance with it, is presented with two advocates presenting their parties' case or position under the adversarial system, also known as the adversary system, in common law countries.
Because it leaves less room for the state to be prejudiced against the defendant, advocates of the adversarial system frequently claim that it is more equitable and less prone to misuse than the inquisitional approach.
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a primary in which the voters indicate their choice for office, but actual selection is left to party elites
Religion, class, and gender are the three cleavage-based voting factors that are the focus of research. First, choosing a party is frequently influenced by one's religious beliefs.
What are ideological groups called?A political party is a group of people who compete for political offices.A political party competes in elections under a common banner.A political party can be thought of as merely the group of candidates who run for office under the banner of the party.
How do various political parties select their candidates?Currently, candidates participate in a series of state primaries and caucuses where, depending on the number of votes they receive, they are given a certain number of delegates to vote for at their party's convention.
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Identify a true consequence that journalists generally face when they refuse to turn over their notes, photographs, or videotapes related to a confidential source.
They are forced to pay a hefty fine for defying a judge's order to turn over their notes.
About Fine
A fine or mulct is a monetary penalty that a court of law or other authority determines must be paid as punishment for a crime or other transgression. The latter synonym is commonly used in civil law. A fine's amount can vary depending on the circumstances, but it is frequently disclosed in advance.
A cautionary sign in Singapore that details the cost for unblocking wheels that have been clamped by private security in a private area. The phrase is most frequently used to refer to monetary penalties for crimes, particularly minor ones, or as the resolution of a claim. A parking attendant imposing a fine for unauthorised parking.
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which of the following elements do pollsters have to consider before conducting a poll that will forecast the election?
A sample of a population in which it is equally likely that every person in the population will be included in the sample. There are four fundamental characteristics of public opinion: intensity, stability, direction, and salience.
What factors can affect a poll's results?The poll tends to be more accurate (with less sampling error) the larger and more random or diverse it is. However, the following elements may have an impact on these polls: the diversity and size, as well as the demographic and questions themselves, which may or may not be objective.
What causes opinion polls to be inaccurate in the first place?A poll can be inaccurate for many reasons; limited options for respondents, insufficient data, challenging intensity measurements, and lack of interest in political issues.
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in the florence v. board of chosen freeholders of county of burlington case, the court ruled that the plaintiff could be:
In the Florence v. Board of Chosen Freeholders of County of Burlington case, the court ruled that the plaintiff could bring a claim under the Equal Protection Clause of the Fourteenth Amendment.
The court found that the plaintiff had been treated differently than other similarly situated individuals, and that this difference in treatment was based on the plaintiff's race. The court also found that the plaintiff had suffered an injury as a result of this discrimination, and that the defendants were liable for this injury.The court ruled that the plaintiff could not be held liable for the death of her husband because she did not have the requisite intent to kill him.
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a deputy conducts a traffic stop on a car for speeding, at which he then conducts an illegal search of the car without a warrant or consent from the owner. during the search, the deputy finds three kilos of cocaine and $35,000 in cash, and several stolen guns. based on the exclusionary rule, what are the courts likely to do with the evidence in this case?
The courts are likely to admit the evidence in this case as the exclusionary rule doesn’t just apply to what the police initially seized from car.
About the exclusionary rule
The exclusionary rule is a legal principle based on constitutional law in the United States that forbids the use of evidence gathered or examined in defiance of a defendant's constitutional rights in a court of law. This might be viewed as an illustration of a preventative rule created by the judiciary to safeguard a constitutional right. The Fifth Amendment's prohibitions against being forced to testify against oneself in a criminal proceeding and against being deprived of one's life, liberty, or possessions without due process of law may be considered to directly contradict the exclusionary rule in certain instances, if not all.
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the tax law places a fixed dollar limit on the amount of home mortgage interest a taxpayer may deduct in a particular year. True or Flase
False: The tax code restricts a taxpayer's ability to deduct home mortgage interest in a single year to a predetermined dollar amount.
How is a tax deduction calculated?Your taxable income is reduced by a tax deduction, lowering your tax bill. You reduce your taxable income by deducting the amount of the tax deduction from your income. Your tax bill will be lower the lower your taxable income.
What is meant by "100% tax deductible?"A business expense that can be deducted entirely from your taxable income is known as a "100 percent tax deduction". The following are some of the expenses that are completely deductible for small businesses: In the year of purchase, all office furniture purchases are fully deductible.
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which are torts rather than crimes? select all that apply.
A crime is defined as an unlawful conduct that has an impact on the entire social structure of our communities, whereas a tort is something that is classified as wrongdoing against an individual.
A tort is a civil wrong for which a person is legally responsible. A tort is an act or omission that causes harm to another person. When referring to torts, the terms "injury" and "harm" refer to the violation of a person's legal rights, respectively, and the actual loss or harm that person really experiences. Legal jargon frequently causes misunderstandings in general. Crime and tort are two of them. They are occasionally used interchangeably, but that is not how things actually work. Both phrases are entirely distinct from one another. Each of them has unique characteristics and effects. Understanding the actual meaning of these legal terminology is crucial for a comprehensive understanding of the legal system. In this piece, we'll examine the definitions of crime and tort as well as how they differ from one another.
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the law provides a remedy for nearly every breach of a contract. the law provides a remedy for nearly every breach of a contract. true false
The regulation/law offers a remedy for nearly each and every breach of a settlement/contract. so it is True.
Equitable treatments consist of rescission and restitution, unique performance, reformation. Is basically an movement to undo, or to terminate, a settlement - to go back the contracting events to the positions they occupied previous to the transaction. A breach of settlement takes place while one birthday celebration in a binding settlement fails to supply in line with the phrases of the settlement. A breach of settlement can occur in each a written and an oral settlement.
The events concerned in a breach of settlement may also solve the problem amongst themselves, or in a courtroom docket of regulation. An award of compensatory damages is the maximum not unusualplace of the felony treatments for breach of settlement. The calculation of compensatory damages is primarily based totally at the real losses you've got got sustained due to the breach of settlement. They generally fall into categories: expectation damages and consequential damages.
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Why did the international law under the UN Mercenary Convention not solve the situation created by the Blackwater USA incident in 2007?
International law was not operative at the time.
Blackwater USA was not considered to be bound by U.S. law in a war zone.
The U.S. never signed the treaty.
Lawyers for Blackwater proved they were only hired to protect diplomats.
Answer:
The US never signed the treaty
Explanation:
Since they never signed the treaty, this meant that they couldn't be tried or have to follow the convention at all. They could be sued though.
which of the following was one way the constitution attempted to reconcile a weakness of the articles of confederation?
The government was more centralized under the Constitution.
How did the Constitution work around its flaws?A strong, centralized government was part of the new plan, but state rights and autonomy were protected.
The Articles of Confederation's issues were attempted to be resolved in various ways by the US Constitution.The establishment of the three branches of government was one of the most significant modifications made between the Articles of Confederation and the Constitution: the legislative, executive, and judicial branches. Power would not be concentrated in a single branch because of this separation of powers.
Which of the Articles of Confederation was a flaw?The Articles of Confederation began to show signs of weakness over time; State governments eager to maintain their power did not show much respect for Congress and did not offer any assistance. Without the voluntary consent of the states, Congress could not conduct foreign policy, regulate trade, or raise funds.
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The platform of the supreme order of the star-spangled banner, which eventually became known as the know-nothings, included which planks?.
The platform of the supreme order of the star-spangled banner, included enacting more restrictive naturalization laws establishing literacy tests for voting banning Catholics or aliens from holding public office.
Give a brief account on the Star-Spangled Banner.The United States' national anthem is "The Star-Spangled Banner." The verses are taken from "Defence of Fort M'Henry," a poem by 35-year-old lawyer and amateur poet Francis Scott Key that was written on September 14, 1814, after he saw British Royal Navy ships bombard Fort McHenry in Outer Baltimore Harbour in the Patapsco River during the Battle of Baltimore in the War of 1812. The Star-Spangled Banner, a big American banner with 15 stars and 15 stripes that flew jubilantly above the fort during the U.S. victory, served as Key's inspiration.
For the Anacreontic Society, a men's social club in London, the poem was adapted to the music of a well-known British song.
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TOPIC
You are assigned to a walking beat downtown, and every
morning you stop into a breakfast shop and have a cup of
coffee only. The owner does not charge you. After some
citizen complaints about the parking situation in the area,
the station has directed you to ticket all illegally parked
cars. As you are tagging the cars in front of the breakfast
shop, the owner comes out furious and asks what are you
doing? He states rather loudly, "I give you free coffee every
day and this is how you repay me"?
• How would you respond?
•
• Was there an implied consent that the free coffee
would be reimbursed by granting favors to the owner?
On a larger scale, could this lead to a perception of
corruption of the officer looked the other way or
warned customers that if they were parked illegally
and didn't move their cars they would be ticketed?
• What would be a solution to this issue?
In this case, I would respond by saying that giving free breakfast can be considered as a generous effort by the shop owner but it can never mean an implied consent for grant of favors.
Moreover, this could very well be perceived as corruption by the officers as they leave people without tickets despite illegally parking the vehicles and the grant of favors like the shop owner would also amount to bribery and corruption.
A viable solution to issue would be to make a rule to post proper advertisements about the penalty for illegal parking should be done. These advertisements would act as awareness as well as warning for people and then officers don't need to be lenient on people who still break the rules. This way, the issue of corruption allegations and illegal parking both can be resolved together.
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Henry is involved in a multi-car collision on the highway where someone was injured. The road was closed for about 3 hours. His cargo was not damaged. Does henry need to make a report to canutec?.
Yes, Henry needs to report to Canutec because due to his involvement in multi car collision, the highway was closed for 3 hours.
If anybody is hurt or killed, individuals are rescued, or a building, road, or rail line is stopped as a result of the incident, additional reports must be sent to its consignor of the products and to CANUTEC. The Canadian Transport Emergency Center, or CANUTEC, is managed by Transport Canada.
A 24/7 countrywide advising service called CANUTEC helps emergency response teams deal with incidents involving hazardous commodities. Bilingual scientists with expertise in chemistry or a similar field who are skilled in emergency response work at the emergency centre.
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george washington occupation and political expierience of the delegates to the constituation convention
Washington was just as upset with the rebels themselves as he was with the weak Congress' failure to put an end to Shays' Rebellion.
He reserved his most venomous scorn for those who begged him to utilise his considerable "power" to contribute to the restoration of peace.
Washington attended the Philadelphia Constitutional Convention in 1787 as a delegate because he was worried about the country's impending collapse. He presided over the convention, and ratifying the newly proposed Constitution was made possible thanks in large part to his assistance.
He led the Constitutional Convention, trying to establish a consensus while enforcing total secrecy as the delegates began the contentious task of not only amending but completely replacing the Articles of Confederation.
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The failure to behave as an ordinary,responsible and prudent person would in the same situation is know as
The failure to behave as an ordinary, responsible and prudent person would in the same situation is known as Negligence.
What is Negligence?Negligence can be described as the failure to behave when trying to maintain some level of care which an individuals with ordinary prudence would have exercised when considering same circumstances.
It should be noted that Neglgence can bring about losses because most of the time when people do not pay attention due to negligence, it can result to death as well as other hazards for instance a driver that ignore the road sign can cause accident on the road.
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What does the u. S. Constitution have to say about the size of the supreme court?.
The number of Supreme Court Justices is not predetermined by the Constitution; rather, it is determined by Congress. However, since 1869, there has been nine Justices, with one Chief Justice, down from as few as six.
The Senate must give its consent before the President may designate Supreme Court justices. The Constitution mandates the judges serve during "good Behaviour," which has historically meant life terms, in order to guarantee an impartial judiciary and shield justices from partisan pressures.
Congress has the power to alter the capacity of the Supreme Court under the Constitution. That power has already been exercised seven times by Congress. Congress must increase the size of the Supreme Court by 4 or more seats in order to bring harmony and integrity back to a damaged institution.
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Write on why people fail to observe
People fail to observe laws because they act out of sheer carelessness in life. Due to non-observance of law they might get into risk of becoming lawbreakers.
They will breach the law due to their prior experiences with it; if people feel the police has behaved them unjustly, people would see it as an chance to rebel and exact rev-enge. They believe their cri-minal behaviour is worth taking the risk with themselves and its repercussions for society.
It is important to observe laws because lawbreaking erodes social trust; society requires order and law to function; without laws, there would be anarchy; and lawbreaking infringes on the rights of specific individuals, including such individual rights to life or property.
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To avoid issues with evidence collection,
what do you think should be done about the scene? Explain.
Who should be brought in immediately? Why?
• Where should you look for the owner of the property? Why?
Evidence that has been preserved can assist close cases and clear the guilty. It is crucial to preserve biological evidence from crime scenes because, when a case is reviewed, DNA can offer the strongest indication of guilt or innocence.
The scene should be meticulously kept to protect any evidence if it has to be inspected as part of a criminal inquiry. Simple activities, like wiping off equipment after an event, may have unexpected consequences that harm or destroy evidence.Public property records, deeds, and other information that can be used to identify the owner of a piece of property are available at the county clerk's office. This will not only reveal who owns a home, but your county recorder might also be able to shed some light on the property's past.The first two parts deals with the the first question of evidence and the last bullet point deals with the question of owner of property.
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which of the following terms refer(s) to a dispute over how to interpret the u.s. constitution or acts of congress?
The ability of the Supreme Court to declare a legislative or executive act to be in violation of the Constitution—the most well-known power of the court—is not outlined in the Constitution itself. In the case of Marbury v. Madison (1803), the Supreme Court established this doctrine.
Which interpretation of the Constitution is correct?Textualism, originalism, and living constitutionalism are the three most prevalent theories of constitutional interpretation in the United States. Textualism is very literal in its interpretation and focuses solely on the document's text.
What is the Constitution's interpretation?The Supreme Court is obligated to have final say over the interpretation of the Constitution. With regard to that goal, that... interpretation of the Constitution. The method by which a provision is interpreted indicates the true sense or meaning. India's Supreme Court.
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which of the following provides voters the chance to directly approve or disapprove a legislative proposition?
A. a recall petition
B. a secondary primary
C. a referendum
D. a run-off primary
E. an indirect primary
Speculate on the different social dynamics behind lower - class drug use and middle -class drug use. For example , are there likely to be differences in motivation for use ? In the way individuals are introduced to drugs ? In the consequences for drug use ?
Imagine the federal government has a national debt of $12. 6 trillion. Congress's budget for the coming year includes a spending projection of $5. 1 trillion. Tax revenue is expected to be $4. 8 billion. Which fiscal policy should congress adopt to avoid increasing the national debt?.
Given that tax revenue is expected to be less than spending for the coming year, congress should adopt a fiscal policy of austerity in order to avoid increasing the national debt.
This would involve reducing government spending in order to bring it in line with tax revenue. This would likely involve making cuts to government programs and services, which could be controversial and politically difficult to implement.
However, it would be necessary in order to avoid adding to the already large national debt.There are a few options that Congress could adopt to avoid increasing the national debt. One option would be to cut spending by $300 billion. This could be done by reducing the budget for each government department and agency.
Another option would be to increase taxes by $300 billion. This could be done by increasing the marginal tax rates for individuals and businesses, or by instituting new taxes. Finally, Congress could adopt a combination of spending cuts and tax increases to avoid increasing the national debt.
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How can anticipatory labeling of students as future prisoners in need of coercive control or exclusion create a self-fulfilling prophecy ? Think about what happens to troubled students if they are kicked out of school? What do their future prospects look like?
Labelling theory holds that if a teacher labels a pupil a certain way, they will accept that label and it will become true. The labels which teachers give to pupils can influence the construction and development of students’ identities, or self-concepts
what is Labelling theory ?
The labeling theory suggests that people receive labels from how others have perspective of their tendencies or behaviors. Each individual is aware of how they will be judged by others because he or she has been attempting many different roles and functions in social interactions and has been able to gauge the reactions of those present.This theory is most commonly associated with the sociology of crime since labeling someone unlawfully deviant can lead to poor conduct. Describing someone as a criminal, for example, can cause others to treat the person more negatively, and, in turn, the individual acts out.The premise of Labeling Theory is that, once individuals have been labeled as deviants, they face new problems stemming from their reactions to themselves and others to the stereotypes of someone with the deviant label.According to the criminological literature, Frank Tannenbaum's theory of “The Dramatization of Evil” was the first formulation of an approach to deviance that in the 1960s became known as the “labeling” theory.to know more about Labelling theory follow
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The common term used by most analysts for a voter who does not belong to any organized political party is
The alteration of voting patterns is a crucial aspect of realignment. In contrast to DE alignment, which occurs when a group of voters abandons a party to become independent or nonvoting, realignment refers to the change in voter preference from one party to another.
The general patterns of voter party identification and election-day behavior are referred to as "party in the electorate."
What is a nonvoting citizen ?Elections in the off-year"Nonvoting voters" are people who vote for the presidential election but not for congressional elections. These elections are held in even-numbered years between presidential elections and have lower turnout rates.
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identify the questions that courts would ask when determining whether nondisclosure under exemption 3 of the freedom of information act applies to a specific record or document.
The courts will ask several questions when determining if nondisclosure under exemption 3 of the Freedom of Information Act applies to a specific record or document.
These questions include:
1. Was the information properly classified as exempt from disclosure under the Freedom of Information Act?
2. Is the information exempt from disclosure because it is protected by another law?
3. Is the information exempt from disclosure because it is part of an ongoing law enforcement investigation?
4. Is the information exempt from disclosure because its disclosure would harm national security?
5. Is the information exempt from disclosure because its disclosure would invade an individual's privacy?
6. Is the information exempt from disclosure because its disclosure would interfere with an ongoing judicial proceeding?
7. Is the information exempt from disclosure because its disclosure would harm the interests of the government?
8. Is the information exempt from disclosure because its disclosure would cause a chilling effect on the government's ability to collect information?
9. Is the information exempt from disclosure because its disclosure would cause a chilling effect on the government's ability to protect its sources and methods?
The court will also consider any other relevant factors when determining if nondisclosure under exemption 3 of the Freedom of Information Act applies to a specific record or document.
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For which group is the U.S.' inflation rate the least accurate?
Group of answer choices
Households in Chicago
Households with only one person
Households of senior citizens
Households with young children
Answer:
The answer to this question is letter B. Household with only one person
Explanation:
Households with only one person because compared to all of the other options, these are calculated and have expected results, along with other reliable data to support them. Households with only one person could be spending money on things they don't need, as there is no one there to stop nor redirect them in their decision making. Along with this, you cannot tell what their income is / what their financial status is.
Like always, don't have a good day, have a great day!
if clodhopper resided in the bahamas, her injury occurred in the bahamas, and there were no forum selection or choice of law clauses in her ticket, a florida court considering her lawsuit against shady cruises might invoke the doctrine of forum non conveniens which is defined as
The doctrine of forum non conveniens is a legal principle that allows a court to dismiss a case if it is not the most convenient forum for the parties involved.
This principle is based on the idea that courts should adjudicate cases where it will be most fair and efficient for all parties involved. If a court finds that another forum would be more convenient for the parties, it may dismiss the case and allow the parties to litigate in that other forum.
The doctrine of forum non conveniens is a legal principle that allows a court to dismiss a case if it is not the most convenient forum for the parties involved. This principle is based on the idea that courts should adjudicate cases where it will be most fair and efficient for all parties involved. If a court finds that another forum would be more convenient for the parties, it may dismiss the case and allow the parties to litigate in that other forum.
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In general, when contributing long-term property to charity, taxpayers are allowed to deduct the fair market value of ___ ___ property on the date of the donation.
In general, when contributing long-term property to charity, taxpayers are allowed to deduct the fair market value of the capital gain property on the date of the donation.
Market value or OMV is the price at that an advantage would trade in an aggressive sell-off scene. Market value is often secondhand correspondently accompanying free competition profit, fair value, or fair display profit, even though these conditions have distinct definitions in different flags, and disagree in few circumstances. Capital gain is an economic idea delimited as the profit gained on the marketing of an advantage that has raised in worth over the holding end.
Capital gains are the profits that are earned by selling a contribution, in the way that stocks, bonds, or land. Capital gains taxes are inferior to common income taxes, providing a benefit to financiers over wage employees. Moreover, capital losses can constantly be deducted from an individual's total tax bill.
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