the notion that if a plaintiff is even slightly negligent, he or she recovers nothing is known as

The correct answer is A) suit for a particular performance.

If a buyer wants a court to enforce the terms of a contract, it can do so by filing a motion for specific performance. Concrete performance is the remedy sought when monetary damages are found to be insufficient or unenforceable and a court obliges the breaching party to perform its contractual obligations in accordance with the original agreement.

In the context of a contract, specific performance means that a court orders the breaching party to perform a specific act or obligation set out in the contract. This remedy is often sought in cases involving unique or rare property, such as real estate, works of art, and other property, where monetary compensation may not adequately relieve damages caused by infringement. An anonymous title litigation, on the other hand, is a court proceeding typically used to resolve disputes and uncertainties regarding the ownership of real estate. This is a legal action taken to establish personal ownership of real property and eliminate competing or adverse claims. This is not about directly enforcing the terms of the contract, but rather establishing clear ownership of the property. 

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Intellectual property refers to the creations of the mind, such as inventions, literary and artistic works, designs, and symbols, names, and images used in commerce.

It is a type of intangible property that is protected by law. Intellectual property has a broad range of uses, including protecting inventions, computer programs, trademarks, copyrights, and trade secrets. Intellectual property rights are granted to the creator of the work in order to allow them to benefit from their work and to safeguard their creative products from unauthorized use or infringement.

These rights allow the creator to prevent others from using or selling their work without their permission. It also gives them the right to receive compensation for the use or sale of their work. Intellectual property is important because it encourages innovation and creativity, and it helps businesses protect their inventions, ideas, and investments.

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The correct answer is B. Delegated. Constitutional powers are those powers that are explicitly granted to the president by the Constitution. These powers are typically listed in Article II of the Constitution and include the power to veto legislation, to make treaties, to command the armed forces, and to grant pardons and reprieves.

Delegated powers are those powers that are not explicitly granted to the president by the Constitution, but that are instead delegated to the president by Congress. These powers are typically granted to the president through laws passed by Congress, and may include the power to regulate commerce, to appoint federal judges and other officials, and to negotiate trade agreements.

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Answer:

United States. US protections are governed by the Digital Millennium Copyright Act (DMCA). It criminalizes the production and dissemination of technology that lets users circumvent copy-restrictions.

Laws governing encryption and digital rights management (DRM) vary by country, and it's important to note that the information provided here is based on the knowledge available up until September 2021. Since laws can change over time, it's always a good idea to consult with legal professionals or refer to the current legislation in your jurisdiction for the most up-to-date information.

United States:

Encryption: In the United States, there are no specific federal laws that govern encryption as a whole. However, there are regulations related to the export of encryption technologies, such as the Export Administration Regulations (EAR) administered by the Bureau of Industry and Security (BIS).

Digital Rights Management: The Digital Millennium Copyright Act (DMCA) in the United States prohibits the circumvention of technological measures used to protect copyrighted materials. It also criminalizes the distribution, manufacture, or trafficking of tools or services intended for circumvention.

European Union (EU):

Encryption: The EU does not have a unified law governing encryption. Member states have their own legislation, but the General Data Protection Regulation (GDPR) sets requirements for data protection and security, which indirectly affects encryption practices.

Digital Rights Management: The EU has a framework for copyright protection and digital rights management. The Directive on the Harmonisation of Certain Aspects of Copyright and Related Rights in the Information Society (Copyright Directive) provides provisions for the protection of copyrighted works, including technological protection measures (TPMs) like DRM.

United Kingdom:

Encryption: In the UK, there are no specific laws governing encryption. However, certain obligations related to encryption may arise under the Regulation of Investigatory Powers Act 2000 (RIPA) and the Investigatory Powers Act 2016.

Digital Rights Management: Similar to the EU, the UK has implemented copyright laws and regulations to protect digital rights. The Copyright, Designs and Patents Act 1988, as amended, addresses copyright protection and includes provisions regarding technological protection measures.

Remember that this information might be outdated, and legal frameworks can change. Consult legal professionals or refer to the current laws and regulations in your jurisdiction for the most accurate information

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A will that is usually prepared with the help of an attorney is known as a testa-mentary will.

This type of will is a legal document that outlines how a person's assets and property will be distributed after their de-ath. While it is possible to create a will without the assistance of an attorney, having an attorney help you draft a will can ensure that all legal requirements are met, that the will is clear and unambiguous, and that your wishes are properly documented and executed. It is important to remember that a will is a crucial part of your estate planning, and it is always advisable to seek the advice of an experienced attorney to ensure that your will accurately reflects your wishes and protects the interests of your loved ones.

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A will that is usually prepared with the help of an attorney is known as a "testamentary will."

A testamentary will is a legal document that outlines a person's wishes regarding the distribution of their assets and the appointment of guardians for minor children after their death. It is typically drafted with the assistance of an attorney to ensure that it complies with applicable laws and regulations.

The involvement of an attorney helps ensure that the will accurately reflects the individual's intentions, considers legal requirements, and minimizes the potential for disputes or challenges to the will's validity.

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Justifications are otherwise criminal acts that society approves and encourages under the circumstances. In the legal context, justifications refer to situations where an individual's actions, which would typically be considered criminal, are deemed lawful and acceptable due to specific circumstances.

These circumstances justify the behavior and provide a legal defense against criminal liability. Justifications are different from excuses or defenses. Excuses acknowledge that the individual committed the act but argues that they should not be held responsible due to a lack of intent or capacity. Defenses, on the other hand, admit that the act was committed intentionally but argue that it should not be considered criminal because of specific legal requirements or principles.

Justifications, such as self-defense or defense of others, allow individuals to use reasonable force to protect themselves or others from imminent harm. Necessity is another justification where an individual commits a criminal act to prevent a greater harm or danger.

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Justifications are otherwise criminal acts that society approves and encourages under the circumstances. In the legal context, justifications refer to situations where an individual's actions, which would typically be considered criminal, are deemed lawful and acceptable due to specific circumstances.

These circumstances justify the behavior and provide a legal defense against criminal liability. Justifications are different from excuses or defenses. Excuses acknowledge that the individual committed the act but argues that they should not be held responsible due to a lack of intent or capacity. Defenses, on the other hand, admit that the act was committed intentionally but argue that it should not be considered criminal because of specific legal requirements or principles.

Justifications, such as self-defense or defense of others, allow individuals to use reasonable force to protect themselves or others from imminent harm. Necessity is another justification where an individual commits a criminal act to prevent a greater harm or danger.

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Protection against toxic drugs is generally maximized when they are delivered through routes of administration that provide a barrier or minimize systemic absorption.

One such route is the topical or local route of administration. When a toxic drug is applied topically, such as in the form of a cream, ointment, or gel, it is primarily absorbed locally at the site of application, reducing its systemic distribution and potential toxicity to other organs or tissues.

By applying the drug directly to the skin or a specific localized area, the systemic exposure and risk of adverse effects are minimized. This is particularly beneficial when dealing with drugs that may have toxic effects on internal organs or when the desired therapeutic action is primarily needed at a specific site.

However, it's important to note that the effectiveness and safety of a specific route of administration depend on various factors, including the characteristics of the drug, the desired therapeutic outcome, the patient's condition, and the specific formulation being used.

The appropriate route of administration should be determined in consultation with healthcare professionals and based on the specific needs of the individual patient.

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A civil wrong committed by one person against the person or property of another is a legal concept known as a tort.

A civil wrong committed by one person against the person or property of another is a legal concept known as a tort. Torts can involve a wide range of actions, including negligence, intentional harm, and strict liability. Negligence is the failure to exercise reasonable care, resulting in harm or injury to another person or their property. Intentional harm involves actions taken with the intent to cause harm or injury, such as assault or battery. Strict liability is a legal doctrine that holds a person liable for any harm or damage caused, regardless of fault or intent. In the context of property, a tort can occur when someone damages or interferes with another person's property, such as trespassing or theft. It is important to note that a tort is a civil wrong, rather than a criminal offense, and the victim may seek compensation for damages through a civil lawsuit.

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When making a hazardous waste determination, there are several factors that must be considered to determine whether a waste is hazardous or not.

When making a hazardous waste determination, there are several factors that must be considered to determine whether a waste is hazardous or not. These factors include the physical and chemical properties of the waste, its potential to cause harm to human health or the environment, and the method of disposal. It is important to note that all of these factors must be considered when making a hazardous waste determination, and there is not one factor that is not necessary to consider. Failure to consider any of these factors could lead to incorrect determination of the waste, which could result in improper disposal and harm to human health and the environment. Therefore, it is crucial that all aspects of a waste are thoroughly evaluated before a determination is made regarding its hazardous status.

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At the scene of a sexual assault, the EMT should attempt to preserve evidence by following proper procedures. The primary goal is to ensure the safety and health of the patient, but preserving evidence is also important to ensure that justice can be served in the case of a criminal investigation.

The EMT should wear gloves and avoid touching anything that could potentially be considered evidence. They should also avoid cleaning or tampering with the patient or their surroundings, as this could destroy or compromise valuable evidence. Instead, they should document all observations, including any physical injuries or other evidence that they notice. This documentation can be used later by investigators to build a case and bring justice to the victim. Ultimately, it is crucial that the EMT takes all necessary steps to preserve evidence while also providing the best possible care to the patient.

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The doctrine of stare decisis plays a crucial role in creating stability within a legal system.

The doctrine of stare decisis plays a crucial role in creating stability within a legal system. Stare decisis, derived from the Latin phrase "to stand by things decided," refers to the principle that courts should follow established precedents when deciding cases with similar facts and issues. This doctrine helps promote consistency, predictability, and fairness in the legal system.
By adhering to stare decisis, courts uphold prior decisions, ensuring that cases with comparable circumstances receive similar treatment. This consistency enables individuals and businesses to understand and anticipate the potential outcomes of legal disputes, fostering a sense of predictability and reliability in the legal system.
Furthermore, stare decisis contributes to fairness by treating litigants equally, preventing arbitrary or biased rulings. It also encourages respect for the judiciary and promotes public trust in the legal system, as individuals perceive the courts as applying rules in a consistent and even-handed manner.
Lastly, the doctrine of stare decisis provides a foundation for legal stability, as it discourages constant changes in judicial interpretations. By upholding established precedents, courts maintain continuity in the law, preventing unpredictable shifts that could undermine confidence in the legal system.
In summary, the doctrine of stare decisis helps create stability in a legal system by promoting consistency, predictability, and fairness, while fostering public trust in the judiciary.

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The requirement that the party who files a lawsuit must have a legal stake in the outcome is known as "standing."

Standing is a legal concept that determines whether an individual or entity has the right to bring a legal claim or challenge in a court of law. To have standing, a party must demonstrate a sufficient connection to and interest in the case, showing that they have been directly affected or will be harmed by the actions or decisions being challenged. It ensures that only those with a genuine interest in the outcome can participate in the legal process and helps maintain the integrity of the judicial system.

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According to the U.S. Supreme Court, inmates who claim they have been wrongfully convicted can seek remedies through the legal process.

The Supreme Court has recognized the constitutional right of individuals to challenge their convictions and assert their innocence. Inmates may file petitions for writs of habeas corpus, which is a legal mechanism to challenge the lawfulness of their imprisonment.

The Court has held that inmates have a right to present new evidence of their innocence and can seek relief if they can demonstrate that their constitutional rights were violated during their trial or through newly discovered evidence that casts doubt on their guilt.

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Full Question: according to the u.s. supreme court, inmates who claim they have been wrongfully convicted: _______

Justice is the term that embodies the principle of fairness or the ideal of moral equity.

The term that is defined as the principle of fairness or the ideal of moral equity is justice. Justice is a concept that embodies the fair treatment of individuals, ensuring that people are treated equally under the law. It is an essential element of a functioning society, and it upholds the ideal of moral equity, which is the principle that everyone should be treated equally and fairly.
Justice is not only about punishing those who have done wrong but also about ensuring that individuals are treated fairly and equitably in all aspects of life. This includes access to education, healthcare, employment opportunities, and the legal system. By upholding the principles of justice, we can create a more ideal society where individuals are treated fairly and equitably, regardless of their background or circumstances.

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A contract must be in writing to be enforceable if its performance is impossible within one year .The statement is partially true.

In general, contracts that cannot be performed within one year must be in writing to be enforceable under the Statute of Frauds. However, there are some exceptions to this rule. For example, contracts that can be fully performed within one year do not need to be in writing.

Additionally, some jurisdictions may have variations in their laws regarding the requirement of a written contract for certain situations. It is always advisable to consult specific legal requirements and seek professional legal advice to determine the enforceability of a contract.

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Full Question: a contract must be in writing to be enforceable if its performance is impossible within one year ? True/ false

The Supreme Court's decision in R.A.V. v. City of St. Paul (1992) suggests that the First Amendment's protection of free speech is not absolute, but rather subject to limitations.

In this case, the Court held that a St. Paul city ordinance that banned the display of symbols, such as burning a cross, that would arouse "anger, alarm or resentment" on the basis of race, color, creed, religion or gender, was unconstitutional because it violated the First Amendment's protection of free speech. The Court reasoned that the ordinance was content-based and viewpoint discriminatory, as it targeted only certain types of speech based on its content and message.
However, the Court also noted that certain categories of speech, such as obscenity, defamation, and fighting words, are not protected by the First Amendment. In this case, the Court did not find that the cross burning was a form of fighting words, but rather concluded that the ordinance was overbroad and could potentially chill speech that is protected by the First Amendment. Therefore, the Court's decision in R.A.V. v. City of St. Paul (1992) illustrates that the Supreme Court's interpretation of the First Amendment is nuanced and depends on the specific facts and circumstances of each case.

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When an unauthorized event occurs, the first duty of the cyber-incident response team is to identify and contain the incident as quickly as possible.

This means assessing the extent of the breach and identifying any vulnerabilities that allowed the unauthorized access to occur in the first place. The team must also assess the potential impact of the event on the organization's systems, data, and operations.
Once the incident has been contained, the team can begin the process of investigating the root cause of the event. This will involve collecting and analyzing data, interviewing key stakeholders, and determining what steps need to be taken to prevent similar incidents from occurring in the future.
It's important for the response team to communicate regularly with the organization's leadership and stakeholders throughout the incident response process. This will help ensure that everyone is aware of what's happening and can take appropriate action to mitigate any potential damage.
In addition, the team should also develop a plan for post-incident remediation. This might include things like restoring data backups, upgrading security protocols, and conducting employee training sessions to raise awareness about cybersecurity threats.
Overall, the key to effective cyber-incident response is speed, communication, and thoroughness. By taking a proactive approach to incident response and staying vigilant against cyber threats, organizations can help protect their data, systems, and reputation from harm.

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The maximum contribution limit for a Keogh plan, also known as a Self-Employed 401(k) or H.R. 10 plan, for the 2014 tax year was $52,000.

However, it's important to note that this contribution limit is subject to certain conditions and calculations based on the individual's self-employment income.In general, the maximum contribution to a Keogh plan is calculated as a percentage of the individual's self-employment income. For the 2014 tax year, the contribution limit was set at 25% of the individual's net self-employment income, up to the maximum limit of $52,000. It's important to consult with a qualified tax advisor or financial professional to determine the specific contribution limit based on individual circumstances, as there may be additional factors and limitations to consider.

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The correct answer is C) federal, state, or local law enforcement officer.

According to regulations in the United States, individuals who hold a pilot certificate, a U.S. driver's license, or a medical certificate are required to present these documents for inspection upon the request of the Administrator, the National Transportation Safety Board (NTSB), or any federal, state, or local law enforcement officer. These authorized individuals have the authority to request the inspection of these documents to ensure compliance with relevant laws and regulations and to verify the qualifications and privileges of the individual. The authorized representative of the Department of State does not have the authority to request the inspection of these documents in this context.

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The Lucy v. Zehmer case is a classic example of how courts use the objective standard of contracting.

The Lucy v. Zehmer case is a classic example of how courts use the objective standard of contracting. In this case, the court looked at the objective facts of the situation to determine whether a valid contract existed between the parties. The court did not consider the subjective intent or beliefs of the parties, but rather focused on whether a reasonable person would have believed that an offer had been made and accepted. This objective approach ensures that contracts are enforceable based on what was actually communicated between the parties, rather than relying on each party's individual interpretation of the situation. It also helps to promote fairness and predictability in contract law. Dejective writing, on the other hand, refers to writing that expresses feelings or emotions, which is not typically relevant in contract law. Overall, the objective standard of contracting is a key tool used by courts to ensure that contracts are enforceable and legally binding.

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The best method for preserving shoe and tire marks impressed into soft earth is by photographing and casting with dental stone. Option C is correct.

As this combination allows for both visual documentation and physical preservation of the impression for further analysis or investigation. Photographs capture the details and characteristics of the marks, while casting with dental stone creates a three-dimensional replica that can be examined and studied.

The electrostatic lifting technique, mentioned in options A and B, is not as effective in preserving the marks in soft earth as it is primarily used for lifting impressions from flat surfaces or textured materials. Therefore, option C is the most appropriate choice for preserving shoe and tire marks impressed into soft earth.

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In Florida, monthly-premium health insurance policies must provide a grace period of at least 10 days.

This means that if a policyholder fails to pay the premium by the due date, they have a grace period of 10 days to make the payment without the risk of losing coverage. During the grace period, the insurance company is required to continue coverage. However, if the premium is not paid by the end of the grace period, the insurer has the right to terminate the policy. It's important to note that specific details and regulations regarding grace periods can vary, so it's advisable to refer to the Florida Office of Insurance Regulation or consult with an insurance professional to get the most accurate and up-to-date information.

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If you conduct research to find legal precedent, you would be looking for case law. The correct option is A.

Case law refers to the collection of legal decisions made by judges in court cases. These decisions establish legal precedent and are used to guide future court cases.

Case law is an important source of legal authority, as it provides a basis for interpreting and applying laws and regulations.

By researching case law, you can identify relevant legal precedents and use them to support your legal arguments or decisions.

This can be especially helpful in complex or ambiguous legal situations, where there may be multiple interpretations of the law.

In contrast to statutes, industry standards, and administrative regulations, case law is derived from actual court decisions and reflects the application of the law in real-world situations.

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A contract is an agreement between two or more parties that is enforceable by law.

It is an exchange of promises, services, or goods that the law will enforce. A contract can be written, verbal, or implied. It must contain essential elements such as offer, acceptance, consideration, capacity, and legality. The parties must have an intent to be legally bound, and the agreement must be accepted and agreed upon by both parties. The contract must be written clearly and completely, and must be signed by both parties.

All contracts are subject to the laws of the state in which they are entered into. If one of the parties fails to fulfill its obligations, the other party may be able to seek damages or other remedies from them. Contracts are a cornerstone of the legal system and are essential to the functioning of society.

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The Occupational Safety and Health Administration (OSHA) is an administrative agency within the United States Department of Labor.

The Occupational Safety and Health Administration (OSHA) is an administrative agency within the United States Department of Labor. Its primary responsibility is to ensure safe and healthy working conditions for employees across various industries by enforcing standards and regulations related to workplace safety and health. OSHA achieves this by conducting inspections, providing training, education, and assistance to employers and employees, and enforcing compliance with established safety regulations.
While OSHA's main focus is on workplace safety and health, it also plays a role in addressing workplace discrimination issues, as a safe and healthy work environment includes fair treatment of all employees. In this context, OSHA works alongside other federal agencies, such as the Equal Employment Opportunity Commission (EEOC), which is responsible for enforcing federal laws against employment discrimination.
Together, these agencies ensure that employers are not only providing a physically safe workplace but also fostering a fair and non-discriminatory work environment for all employees. In summary, OSHA is an essential administrative agency in the field of health administration, working to guarantee a safe and healthy work atmosphere while contributing to the enforcement of federal anti-discrimination laws.

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The act that provides employees up to 12 weeks a year of unpaid leave in specified situations is the Family and Medical Leave Act .

Enacted in 1993, the Family and Medical Leave Act grants eligible employees the right to take unpaid leave for certain family and medical reasons. These include the birth or adoption of a child, caring for a seriously ill family member, or the employee's own serious health condition.

The Family and Medical Leave Act  applies to private-sector employers with 50 or more employees, as well as certain public sector employers. It aims to provide job protection and ensure that employees can balance work and family responsibilities without the fear of losing their job.

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One state that allowed free blacks and women to vote in the early years of the republic was New Jersey.

Under the New Jersey Constitution of 1776, any free inhabitant of the state who was of age and who met the property requirement was allowed to vote. This included both free blacks and women. This was particularly unusual for the time, as most states had much more restrictive voting requirements, such as only allowing white men to vote.

The state of New Jersey, however, recognized the importance of everyone’s voice in the political process and chose to allow all free citizens to vote. This decision was in place until 1807, when stricter regulations were put in place.

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The correct option is d). An individual must file the claim for refund within three years after those taxes were paid.

According to the general rule outlined by the Internal Revenue Service (IRS) in the United States, the statute of limitations for filing a claim for refund of federal income taxes is three years from the date the original tax return was due or within two years from the date the tax was paid, whichever is later.

In this scenario, the individual paid the taxes 27 months ago but did not file a tax return for that year. If the tax payment was made within the past three years, the individual has the opportunity to file a claim for a refund. However, it's important to note that specific circumstances or exceptions could affect the statute of limitations, and it's advisable to consult with a tax professional or refer to IRS guidelines for precise and up-to-date information.

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The correct option is d). An individual must file the claim for refund within three years after those taxes were paid.

According to the general rule outlined by the Internal Revenue Service (IRS) in the United States, the statute of limitations for filing a claim for refund of federal income taxes is three years from the date the original tax return was due or within two years from the date the tax was paid, whichever is later. In this scenario, the individual paid the taxes 27 months ago but did not file a tax return for that year. If the tax payment was made within the past three years, the individual has the opportunity to file a claim for a refund.

However, it's important to note that specific circumstances or exceptions could affect the statute of limitations, and it's advisable to consult with a tax professional or refer to IRS guidelines for precise and up-to-date information.

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If someone wanted to file a racial discrimination complaint, they would typically file with the Equal Employment Opportunity Commission (EEOC), which is a federal agency responsible for enforcing laws against workplace discrimination.

The EEOC investigates claims of discrimination based on race, color, religion, sex, national origin, age, and disability. The agency provides individuals with a platform to report workplace discrimination and seek remedies such as compensation, reinstatement, and changes in policies or practices. The EEOC also provides guidance and support to employers to prevent discrimination and promote diversity and inclusion in the workplace. It is important to note that state and local agencies may also handle discrimination complaints, depending on the specific circumstances. Filing a complaint can be a complex and time-consuming process, and it is recommended that individuals seek the assistance of an attorney or advocate to navigate the process effectively.

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When a contract is not fulfilled, the legal term for it is "breach of contract".

When a contract is not fulfilled, the legal term for it is "breach of contract". This means that one or more parties involved in the contract did not fulfill their obligations or promises as stated in the contract. Breach of contract can happen for a variety of reasons, such as failure to deliver goods or services, failure to pay for goods or services, or failure to meet deadlines. In order to resolve a breach of contract, the parties involved may seek legal action to enforce the terms of the contract or seek damages for losses incurred due to the breach. It is important to carefully review and understand the terms of a contract before entering into it, in order to minimize the risk of a breach of contract occurring.

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