A judge-made rule known as the exclusionary rule states that no evidence gathered by the government in violation of a defendant's constitutional rights may be utilized against that defendant.
What is the exclusionary rule?In the United States, there is a legal principle known as the exclusionary rule that forbids the use of evidence gathered or examined in defiance of the defendant's constitutional rights in a court of law. This principle is founded on constitutional law. Evidence obtained indirectly as a result of unlawful state activity is also inadmissible under the "fruit of the poisonous tree" theory. For instance, the government cannot utilise fingerprints obtained while the defendant was in jail as evidence if the person was unlawfully arrested. There are three exceptions to the exclusionary rule: "attenuation of the taint," "independent source," and "inevitable discovery." There is no particular constitutional provision for the exclusion of evidence obtained unlawfully, but the fourth amendment establishes a warrant system to guard against excessive searches and seizures.To learn more about the exclusionary rule, refer to:
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What non GAAP accounting method did Tony Menendez cite in blowing the whistle on Halliburton? A. Recording sales that lack economic substanceB. Failing to write off impaired assetsC. Bill and hold revenue recognitionD. Releasing cookie jar reserves to smooth income
Tony Menendez, a former employee of Halliburton, blew the whistle on the company for using a non-GAAP accounting method known as "bill and hold" revenue recognition (option C). This practice allowed Halliburton to recognize revenue from sales earlier than it should have, thus inflating its financial results. The correct option is C.
In a bill and hold arrangement, a company records revenue from a sale even though the product has not yet been delivered to the customer. This practice can mislead investors and stakeholders by presenting a false picture of the company's financial health.
Tony Menendez noticed this irregularity and reported it internally, but his concerns were not addressed adequately. He then took his concerns to the Securities and Exchange Commission (SEC), which led to an investigation into Halliburton's accounting practices.
Ultimately, the SEC found that Halliburton had improperly recognized revenue on over $100 million worth of sales. The company had to restate its financial statements and pay a settlement to resolve the matter. Menendez's courage to speak up and expose the unethical accounting practice helped safeguard the interests of investors and contributed to promoting greater transparency and accountability in financial reporting.
Therefore, the correct answer is option C. Bill and hold revenue recognition
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Governor Quinn said that denying marriage equality has the effect of creating
Governor Quinn's statement regarding marriage equality is that denying it has the effect of creating inequality and discrimination.
By restricting marriage rights to certain individuals based on their sexual orientation, society is perpetuating the idea that some people are less deserving of love and recognition than others. This can have serious emotional and psychological impacts on members of the LGBTQ+ community who may feel ostracized and marginalized.
Moreover, denying marriage equality is a violation of basic human rights principles and goes against the fundamental American values of equality and freedom. Allowing same-sex couples to marry not only benefits the individuals involved but also promotes social cohesion and strengthens the institution of marriage itself.
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The Fifth Party System: The New Deal Coalition, 1932-1968
The New Deal Coalition under the Fifth Party System, 1932–1968 The realignment of the voting blocs and interest groups that supported the Democratic Party resulted in Democratic Party supremacy.
Beginning in 1932, the New Deal coalition was a partisan alliance in the United States that backed the Democratic Party. The New Deal programs of President Franklin D.
Roosevelt and the Democratic presidents that followed him inspired the coalition's name. It was made up of vote blocs that backed them.
Many white, conservative Southern Democrats switched to the Republican Party following the 1964 Civil Rights Act. Prior to 1964, the South was predominantly Democratic; after that, it became predominantly Republican.
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Complete Question:
What was the fifth party system in the New Deal Coalition in 1932?
a court will not pierce the corporate veil of a corporation that is merely set up never to make a profit. true false
True. A corporation that is just put up with no intention of making a profit will not have its corporate veil lifted by a court.
True. A court will not pierce the corporate veil of a corporation that is merely set up never to make a profit. The concept of piercing the corporate veil refers to holding individuals responsible for the actions of the corporation when the corporation is being used as a shield to avoid personal liability. However, if the corporation is not operating to make a profit, there is no personal gain to be shielded from and therefore no need to pierce the corporate veil.
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'The given statement is false because the concept of piercing the corporate veil refers to a situation where a court disregards the legal separation between a corporation and its shareholders, allowing the shareholders to be held personally liable for the debts.'
Courts may pierce the corporate veil in situations where a corporation is being used to perpetrate fraud, evade legal obligations, or engage in other forms of illegal or unethical conduct. In such cases, the court may find that the corporation is a mere alter ego of its shareholders and that the corporate structure is being used as a shield to protect the shareholders from liability.
Whether a corporation is set up to make a profit or not is not relevant to the question of whether the corporate veil can be pierced. The key issue is whether the corporation is being used as a device to perpetrate fraud or avoid legal obligations. If a court finds that the corporation is being used in this manner, it may pierce the corporate veil and hold the shareholders personally liable.
In summary, the statement that a court will not pierce the corporate veil of a corporation that is merely set up never to make a profit is false. The court will pierce the corporate veil if the corporation is being used to perpetrate fraud or evade legal obligations, regardless of whether the corporation is profitable or not.
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A person who brings buyers and sellers together is called a(n) ______.
A person who brings buyers and sellers together is called a mediator, intermediary, or middleman.
This person acts as a facilitator in a transaction, connecting two parties who may not have been able to find each other otherwise. The role of a mediator can be seen in a variety of contexts, from real estate to finance to international trade.
One type of mediator is a real estate agent or broker, who connects buyers with sellers of property. They help buyers find the right home or property that meets their needs and budget, and assist sellers in finding interested buyers for their property.
Real estate agents also help negotiate the terms of the transaction and ensure that all paperwork and legal requirements are met.
Another type of mediator is a stockbroker, who connects investors with the stock market. They help investors buy and sell stocks, and provide guidance on investment decisions.
Stockbrokers also provide valuable information to their clients, such as market trends and analysis.In international trade, an import/export agent acts as a mediator between buyers and sellers in different countries.
They help coordinate the transportation and delivery of goods, and ensure that all necessary documentation and customs requirements are met.
In conclusion, a mediator, intermediary, or middleman is a person who brings buyers and sellers together in various industries and contexts. They play a vital role in facilitating transactions and ensuring that all parties involved are satisfied with the outcome.
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According to the __________, the US Supreme Court's interpretation trumps the interpretation of all other courts, federal and local, and of Congress and all state and local legislatures.A. supremacy clauseB. principle of judicial reviewC. supervisory power clauseD. supreme review clause
The supremacy clause states that the US Supreme Court's interpretation supersedes that of Congress, all state and local legislatures, and all other federal, state-level, and local courts. Here option A is the correct answer.
The supremacy clause is a provision in the United States Constitution that establishes the authority of federal law over state law. Specifically, it states that the Constitution, federal laws, and treaties are the supreme law of the land and that judges in every state must uphold them, even if state laws or constitutions conflict with them.
This means that the US Supreme Court has the final say in interpreting the Constitution and federal laws, and its interpretation is binding on all other courts, federal and local, as well as on Congress and all state and local legislatures. This principle is known as judicial supremacy.
The principle of judicial review, on the other hand, refers to the power of the courts to review and invalidate actions by the executive and legislative branches of government that are inconsistent with the Constitution. This power is not explicitly granted in the Constitution, but it has been established by the Supreme Court through a series of landmark cases.
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Which aspect of driving is most affected by attitudes?
Courts explain the rationale for the case decision in the:A. judgmentB. opinionC. decisionD. facts
The opinion is the written explanation of the court's reasoning behind its decision in a case. Here option B is the correct answer.
It is the most detailed and comprehensive part of the court's decision and often includes a summary of the relevant facts, an analysis of the legal issues presented, and an explanation of how the court arrived at its conclusion.
In my opinion, the court will often cite prior cases or legal precedents to support its decision, as well as consider policy implications and practical considerations. The opinion is written by one or more judges on the panel hearing the case and is typically signed by all of the judges who participated in the decision.
The judgment and the decision are related to the outcome of the case. The judgment is the final order or ruling of the court, while the decision refers to the process of reaching the judgment. However, neither the judgment nor the decision typically provides the same level of detail and explanation as the opinion.
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29. Phil invents "PhutureNow," new Web site design software, and applies for a patent. If Phil is granted a patent, his invention will be protected a. for ten years. b. for twenty years.c. for the life of the inventor plus seventy years. d. forever
The new Web site design program "PhutureNow," created by Phil, is patented. If Phil's idea gets given a patent, it will always be safe. Here option D is the correct answer.
If Phil is granted a patent for his invention, the protection it provides will not last forever, but rather for a limited period of time. In the United States, patents are governed by federal law, specifically the Patent Act, and are issued by the United States Patent and Trademark Office (USPTO).
Under current law, the term of a utility patent, which is what Phil would likely apply for, is twenty years from the date of filing. This means that if Phil's patent is granted, he will have exclusive rights to his invention for twenty years, during which time he can prevent others from making, using, or selling the invention without his permission. After the patent expires, the invention will become part of the public domain and can be used by anyone.
It is important to note that patents are not granted automatically or guaranteed. Phil will need to demonstrate that his invention meets the criteria for patentability, including novelty, non-obviousness, and usefulness. Additionally, there are various fees and requirements associated with the patent application process.
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When an official takes a person into custody and hold him for anywhere between a few hours to a few days to answer for a criminal charge, the official has conducted:A. a stopB. A detentionC. A custodial arrestD. Imprisonment
When an official takes a person into custody and hold him for anywhere between a few hours to a few days to answer for a criminal charge, the official has conducted a custodial arrest.
A custodial arrest occurs when an individual is taken into police custody and deprived of their freedom of movement for a significant period of time. This type of arrest usually involves the use of handcuffs or other restraints, and the individual is typically held in a jail or other holding facility. During a custodial arrest, the individual's rights are read to them, including their right to remain silent and their right to an attorney.
In summary, a custodial arrest involves the significant deprivation of an individual's freedom of movement and is conducted when law enforcement officials believe there is probable cause to arrest the individual for a criminal offense.
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Which evidence is protected by the Fifth Amendment?A. WeaponsB. StatementsC. Appearance in a lineupD. Fingerprints
Answer:
The evidence protected by the Fifth Amendment of the United States Constitution is statements made by an individual. This amendment protects individuals from self-incrimination and prohibits the government from compelling a person to provide testimony or statements that could be used against them in a criminal case. Therefore, individuals have the right to remain silent and not provide self-incriminating statements to law enforcement officials or in a court of law. The Fifth Amendment does not protect physical evidence such as weapons, fingerprints, or appearance in a lineup.
Explanation:
Which constitutional amendment outlaws illegal search and seizure?A). 4thB). 5thC). 8thD). 1st
The 4th Amendment of the United States Constitution outlines the right of the people to be free from unreasonable searches and seizures.
This amendment provides protection from arbitrary governmental intrusion into one's home, personal effects, and private papers. It also prohibits the government from requiring individuals to provide evidence against themselves.
This amendment also requires that searches and seizures be conducted in accordance with a valid warrant issued by a neutral magistrate and that warrants must be based on probable cause. This amendment is a cornerstone of the United States’ criminal justice system, as it helps ensure that individuals are protected from unreasonable searches and seizures, and that the government must adhere to the rule of law.
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Leon files a suit against Moira, a medical doctor, alleging negligence. As a physician, Moira is held to the standard ofa) a blameless individual.b) a faultless ordinary person.c) a reliable professional.d) a reasonable physician.
As a physician, Moira is held to the standard of- D. A reasonable physician.
Since they are experts with specialized knowledge and are not considered to be ordinary or blameless people, it is impossible to refer to them as blameless individuals or flawless ordinary people. Also in case of Moira, suit cannot be filed as this is specially considered for medical professionals.
Hence, option D. is correct.
Does a physician refer to a doctor?In general, a doctor with a medical degree is referred to as a "physician." Studying, diagnosing, and treating illnesses and injuries is how doctors try to preserve, promote, and restore health.
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If the charges are justified, a civil penalty not to exceed (?) for each act will be assessed.
Many laws and regulations include provisions that establish the maximum amount of civil penalties that may be assessed for specific violations.
The specific amount of the civil penalty that may be assessed for a particular violation will depend on the laws and regulations applicable to the situation.
Without further context, it is difficult to provide a specific answer to this question.
Many laws and regulations include provisions that establish the maximum amount of civil penalties that may be assessed for specific violations. These amounts can vary widely, depending on the nature and severity of the violation, and may range from relatively small fines to very large amounts.
In some cases, there may be statutory or regulatory limits on the amount of civil penalties that can be assessed.
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Courts protect citizens from other by handling civil cases. What type of cases do they not handle
Courts protect citizens from others by handling civil cases. the type of cases do they not handle Murder. option (A) is correct.
A common case is a debate between two residents where one individual sues another. It incorporates a portrayal of the occurrence, task of fault, and solicitation for a particular cure.
Murder is certainly not a common case. It is wrongdoing. Individuals blamed for homicide are attempted under criminal regulation. Criminal cases include an activity that is viewed as destructive to society overall (consequently, these are viewed as offenses against the "state" or the ward of the arraignment).
Therefore, option (A) is correct.
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This question is not complete, Here I am attaching the complete question:
Courts protect citizens from other by handling civil cases. What type of cases do they not handle
(A) Murder
(B) Divorce cases
(C) rent matters
(D) sale of land cases
Going much slower than other vehicles traveling in the same direction can be just as bad as speeding? (T/F)
The statement "going much slower than other vehicles travelling in the same direction can be just as bad as speeding" is true because it disrupts traffic flow and increases the risk of accidents.
The correct answer is true.
This can cause frustration and impatience among other drivers, leading to aggressive driving behaviour such as tailgating or passing in unsafe locations. It can also increase the risk of a rear-end collision if the driver behind cannot slow down.
In addition, driving too slowly can disrupt the normal flow of traffic, causing congestion and potentially leading to accidents. Maintaining a safe and reasonable speed is crucial, as keeping up with traffic flow whenever possible and following posted speed limits.
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In which activity are police officers most likely to exercise discretion?
Police officers are most likely to exercise discretion in situations where there is ambiguity or uncertainty about how to handle a particular situation.
For example, in cases of minor offenses, such as traffic violations or minor drug offenses, police officers may have some leeway in how they choose to respond. They may choose to issue a warning, write a ticket, make an arrest, or take no action at all, depending on the circumstances. In situations where there is no clear-cut solution or where there are conflicting priorities, police officers may also use their discretion to make decisions that they believe are in the best interest of public safety. This could include decisions about whether to pursue a suspect in a high-speed chase, whether to use force in a particular situation, or whether to intervene in a domestic dispute.
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21 Mary, who is charged with a crime, claims that Nick, a government agent, entrapped her. For entrapment to be a valid defensea. Mary must not have been predisposed to commit the crime. b, Nick must have pressured Mary into committing the crime. c. Nick must have suggested that the crime be committed. d. all of the above.
For entrapment to be a valid defense, Mary must not have been predisposed to commit the crime, Nick must must have pressured Mary into committing the crime, and suggested the crime be committed.
The correct answer is option D.
The entrapment defence is used when an accused person alleges that a law enforcement officer inspired, incited, persuaded and lured him to commit a crime. Discussed are the various policy reasons for the development of the defence.
The courts have proposed two methods for implementing the defence. The majority approach would allow the jury to decide if the accused had been entrapped when the facts are in dispute and have the court decide without a jury in a clear case.
The minority view would always want the court, never the jury, to distribute the issue.
The correct answer is option D.
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which view of crime suggests that criminal law is structured to reflect the preferences/opinions of people who hold social power in legal jurisdiction?A). conflictB). consensus C). moral entrepreneurD). interactionist
The conflict view of crime suggests that criminal law is structured to reflect the preferences and opinions of people who hold social power in a legal jurisdiction.
This view implies that the law is used by the powerful to maintain their privileges and control over resources, which can be seen in the differential treatment of different social classes. This view assumes that crime is a result of the conflict between social classes and that the criminal justice system is used as a tool of oppression.
This view also highlights how the criminal justice system is used to protect the interests of the powerful and to criminalize the behavior of the poor and minority populations.
Furthermore, this view explains the unequal treatment of certain groups by the criminal justice system and suggests that the law is used to maintain the status quo of the powerful.
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An example of revenue overstatement is: A. Manipulating reservesB. Recording gross, rather than net, revenueC. Reporting cost of sales as a non-operating expenseD. Deferring revenue
An example of revenue overstatement is B. Recording gross, rather than net, revenue.
Revenue overstatement occurs when a company intentionally inflates its reported revenue, potentially to improve financial performance metrics or mislead stakeholders. When a company records gross revenue instead of net revenue, it is reporting the total revenue generated without deducting any relevant expenses or adjustments, such as discounts, returns, and allowances. This practice can lead to an inflated revenue figure, which may paint an inaccurate picture of the company's financial health.
It's crucial for businesses to follow Generally Accepted Accounting Principles (GAAP) and International Financial Reporting Standards (IFRS), which require revenue to be reported on a net basis. This ensures that financial statements present a true and fair view of a company's performance, allowing stakeholders to make informed decisions.
In contrast, options A, C, and D are not directly related to revenue overstatement. Manipulating reserves (A) may involve adjusting estimates to alter reported expenses or liabilities while reporting the cost of sales as a non-operating expense (C) can lead to inaccuracies in calculating gross profit. Deferring revenue (D) involves delaying the recognition of revenue until a later period, which would result in understating revenue rather than overstating it. Therefore the correct option is B
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If the purpose of a tax cut is to increase consumption in spending, we often see tax cuts for the _ in times of economic hardship
If the purpose of a tax cut is to increase consumption and spending, then we often see tax cuts for the middle and lower-income earners in times of economic hardship.
This is because these groups tend to have a higher propensity to consume, meaning they are more likely to spend the additional disposable income resulting from the tax cut. By increasing consumption and spending, the hope is that it will stimulate economic growth and create jobs. Additionally, tax cuts for these groups can help alleviate some of the financial burden they may be experiencing during times of economic hardship. Overall, tax cuts for middle and lower-income earners can be a powerful tool in combating economic downturns.
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What court would hear/settle state to state disputes?
Answer:
Supreme Court
Explanation:
Under federal law, the Supreme Court's jurisdiction over state versus state legal conflicts is also considered to be "exclusive," meaning states can't go to another court to resolve their differences.
A driver who refuses to take an alcohol test might lose his/her license under which law?
A driver who refuses to take an alcohol test might lose his/her license under the "Implied Consent Law."
Under this law, by obtaining a driver's license, the driver automatically agrees to take a blood, breath, or urine test if requested by a law enforcement officer suspected of driving under the influence. This law states that by operating a motor vehicle, drivers implicitly agree to submit to alcohol testing if requested by law enforcement. Refusing to take the test can result in the suspension or revocation of the driver's license.
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The procedural history of the case refers to the:A. informal procedural steps the case has takenB. indictment phase of the caseC. formal procedural steps the case has takenD. appeals portion of the case
The formal procedural steps that the matter has undergone are referred to as its procedural history.
The procedural history of a case refers to the formal procedural steps that the case has taken, from the time it was first filed to its current status. This includes all the legal proceedings and actions that have been taken by the parties involved, as well as the decisions made by the court at each stage of the case.
The procedural history records the formal procedures undertaken in the case, including the initial filing of the complaint, the service of process, any pre-trial motions, hearings, conferences, and the discovery phase. It also records the trial and any appeals that may be filed afterward.
If the case goes to trial, the procedural history will include the trial itself, along with any appeals that may be filed afterward. If the trial results in a verdict, the procedural history will also include the sentencing or judgment phase of the case.
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Whether Fourth Amendment seizures are stops or arrests depends on:A. duration, invasiveness, location, the officers subjective intentB. duration, invasiveness, and locationC. duration and invasivenessD. invasiveness and the officer's subjective intent
The determination of whether Fourth Amendment seizures are stops or arrests depends on a variety of factors, including the duration, the invasiveness, the location of the seizure, and the officer's subjective intent.
The Fourth Amendment protects against unreasonable searches and seizures, and courts have developed a framework to analyze whether a particular seizure violates the Amendment. Stops are temporary detentions that are less intrusive than arrests, while arrests involve significant deprivations of liberty. The determination of whether a seizure is a stop or an arrest can have important implications for the legality of the seizure and the evidence that can be used in a criminal trial.
Thus, the correct answer is A.
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For every 1000 crimes, approximately ____ people are sent to prison.A). 60 B). 80C). 20D). 40
The answer here is D. 40. For every 1000 crimes, approximately 40 people are sent to prison.
This means that for every 1000 crimes reported, only 4% of those involved are actually incarcerated. This statistic reflects the current criminal justice system, which is heavily focused on rehabilitation and alternative sentencing options. The majority of people who are convicted of a crime are given a sentence that does not include incarceration. This includes probation, community service, or fines. Probation is a common sentence, which requires a person to meet certain conditions for a specified period of time in order to avoid jail time. Community service is also a common sentence, which requires a person to perform unpaid labor for a certain period of time. Fines are also a common sentence, which requires a person to pay a certain amount of money as a penalty for their crime.
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the probability of an intersection of two events is computed using the _____.a. multiplication lawb. division lawc. subtraction lawd. addition law
The probability of an intersection of two events is computed using the multiplication law. The correct option is A
This law states that the probability of the intersection of two events A and B is equal to the probability of event A multiplied by the probability of event B, given that A and B are independent events.
In other words, if two events are independent, then the probability of both events occurring simultaneously is equal to the product of their individual probabilities. For example, if the probability of event A occurring is 0.6 and the probability of event B occurring is 0.4, then the probability of both events occurring simultaneously is 0.6 x 0.4 = 0.24.
The multiplication law is an important concept in probability theory and is used to calculate the likelihood of multiple events occurring at the same time. It is widely used in many fields such as finance, engineering, and science.
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In building probably cause, police officers may rely on what they:A. see and hear onlyB. see, hear, and smell onlyC. see, hear, and taste onlyD. see, hear, smell, and taste
In building probable cause, police officers may rely on what they see, hear, smell, and sometimes touch, but not taste.B
Probable cause requires a reasonable belief that a crime has been or is being committed, based on the totality of the circumstances.
Police officers use their senses to gather information and make observations about the situation, such as observing the behavior of the suspect, smelling the odor of drugs or alcohol, hearing sounds that suggest criminal activity, and sometimes touching an object to determine if it is contraband.
Police officers may use their senses to build probable cause, they must also ensure that their actions are reasonable and comply with the Fourth Amendment of the U.S. Constitution, which prohibits unreasonable searches and seizures.
The use of physical force or invasive techniques, such as tasting a substance, would generally not be considered reasonable unless there are exceptional circumstances and legal justification for doing so.
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True or False: The availability of legalized abortion is one factor that has recently been theorized to explain the drop in crime rates
True. The availability of legalized abortion has been theorized as one factor in the drop in crime rates, due to the fact that abortions reduce the number of individuals who could potentially be involved in criminal activities.
This theory, known as the "Abortion-Crime Link," was first proposed by John Donohue and Steven Levitt in 2001. They argued that the legalization of abortion in the United States in the 1970s correlated with significant drops in crime rates in the 1990s.
The theory suggests that when women have access to legal abortions, they are more likely to terminate pregnancies in which the fetus had a higher chance of becoming a criminal.
This, in turn, results in fewer individuals participating in criminal activities, reducing the overall crime rate. Although this theory has been widely discussed, it has not been proven, and there is still much debate surrounding the abortion-crime link.
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When parking in a handicap parking space, you can use another person's "special certificate" to park your vehicle as long as you are disabled. (T/F)
Answer:
Explanation:
False. Handicap parking spaces are reserved for individuals with disabilities who have a valid and current handicap parking permit or license plate. It is illegal to use another person's handicap parking permit or license plate, even if the person using it is also disabled. Each permit or plate is assigned to a specific person and cannot be transferred or used by anyone else. This is because misuse of handicap parking permits or license plates can prevent those who truly need them from accessing the designated parking spaces.
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