The appropriate motion for either of the parties to file is MOTION FOR SUMMARY JUDGEMENT.
when they collided in the traffic circle. the appropriate pretrial motion for one of the parties to file ?Motion for summary judgement is a request made that begs a court to determine a case that no factual issue are in dispute and that the case is to be decided in favor of one party or the other based on the legal issues surrounding the case. This judgement involves a court ruling a case on at least one claim.
In this question, since both are in agreement as to what happened during the accident, summary judgement will be made on their interpretation of the state law affecting who had the right of way when they collided.
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Which of the following organizations is NOT a US agency?
A. PEPFAR
B. USAID
C.WHO
D.CDC
Founded in 1948, the World Health Organization (WHO) is not part of the US agency. It is a specialised agency of the UN with a broad mandate to serve as a coordinating authority on global health concerns.
The United States government has been actively involved with WHO for a long time, contributing financial and technical support as well as taking part in its governance structure. Future challenges for the WHO include a wide-ranging mandate, constrained, rigid budget, and a convoluted bureaucratic structure. Although the agency has made adjustments to address some of these problems, many governments, including the United States, are pressing for additional reforms to enable WHO to more effectively respond to upcoming epidemics.
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In general, courts will not enforce a contract in which the offer states that the offeree's failure to respond will be considered an acceptance of the offer. True or False
Generally speaking, a contract in which the offer specifies that the offeree's refusal to react shall be deemed an acceptance shall not be enforced in court.
What does deeming mean in law?
Generally speaking, if an offer specifies that the offeree's failure to react shall be deemed an acceptance, a court will not enforce the contract.
The procedure through which another person's income and/or resources are taken into account in order to determine if an SSI claimant's (or recipient's) basic need for food and shelter may be satisfied is known by the Social Security Administration as "deeming."
Acting against the law or in defiance of it is not lawful since it is not permitted by law or justified by it. a possessor acting illegally.
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in one sentence, explain why the separation of power between the federal and state governments now resembles a marbled cake as opposed to a layered cake.
The expressions "layer cake federalism" and "marble cake federalism" were first used in this paper by Grodzins.
He compared the dual federalism system to a layer cake, with the separated layers signifying the various domains of power that the state and federal governments had not yet occupied.
Federalism is a form of government in which a central authority and numerous national constituent parts share power.
A pragmatic blending of power and initiatives among the federal, state, and local governments is the foundation of marble-cake federalism. The foundation of layer cake federalism is a distinct division of responsibilities and initiatives among the various levels of government.
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which is an example of an unwritten custom that became part of the constitution?
One example of an unwritten custom that became part of the constitution is the practice of the president having a cabinet of advisors.
Although the Constitution does not explicitly state that the president should have a cabinet, the establishment of the cabinet as a key component of the executive branch has become an accepted norm and an important part of American government. Another example is the use of political parties as a means of organizing and competing for political power, which is not mentioned in the Constitution but has become an integral part of the American political system.
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creates the judicial branch whose main job is to interpret the laws is called ?
The United States Constitution is the legal document that establishes the judicial branch and designates law interpretation as its primary function.
Together with the legislative and executive branches, the judicial branch is one of the three divisions of the federal government of the United States. Its main responsibility is to interpret the legislation and make sure it complies with the Constitution. The Supreme Court, the nation's highest court, as well as other federal courts are included in the judicial arm of the government. The President appoints federal judges, including justices of the Supreme Court, who are then confirmed by the Senate. The decisions made by the judicial branch can influence how laws are interpreted and applied for many years to come and have a profound impact on American culture.
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why do third parties not succeed?
The third parties not succeed because Nationwide, ballot access regulations pose the most significant obstacle to third-party candidatures. While Democrats and Republicans enjoy simple access to voting in all 50 states in each election.
Roosevelt conducted one of the most successful third-party campaigns in the past periods, but he was beat out by the Democrat and the Progressive party swiftly molten away, while the Republicans recovered their main party position.
Third parties seldom win political elections because they are outmatched by the two major political parties, the Republican and Democratic parties.
Third-party candidates do not succeed because ballot access restrictions constitute the greatest major barrier to third-party candidatures across the country.
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What are examples of insuring domestic tranquility?
Examples of insuring domestic tranquility include ensuring that individuals have access to the courts of law, protecting the rights of individuals to voice their opinions, and maintaining an adequate level of public safety.
There are many other examples of insuring domestic tranquility, including ensuring that individuals are treated equally before the law, protecting the rights of workers to organize unions and engage in collective bargaining, and ensuring that individuals have the right to due process in criminal and civil proceedings.
In general, the government should take steps to ensure that the lives of its citizens are safe and secure from threats both internal and external. This includes taking steps to address the needs of communities and individuals who might be at risk of becoming involved in criminal activity.
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the suspect committed a crime and was found ______ of breaking the law.
Whereas the goal of civil trials is to right a wrong done to the plaintiff, the goal of criminal cases is punishment. Unlike civil proceedings, where an individual might be the plaintiff, criminal cases are prosecuted by the government.
What type of offense was committed?It should be categorized as such since it constitutes a serious enough infraction against society as a whole, not just one specific individual. More technically, a crime is an act (something you do) or omission (something you don't do) that breaks the law and is adjudged to be criminal by a court of law.
How and why did the suspect do the crime?something that inspires someone to act in accordance with their mental state, such as a belief or emotion. A person's motive is frequently utilized in criminal law to support why they did or did not act in certain situations, such as to support the prosecution's case that the accused committed the crime.
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the regulation of the production and sale of drugs and medical devices in the united states is an example of how resources are allocated in a
The regulation of the production and sale of drugs and medical devices in the United States is an example of how resources are allocated in a market economy.
The food and drug administration in United States is a federal part of the department of health and human services, Among its other functions, the FDA evaluates the safety and effectiveness of drugs and medical devices United States for public safety. An approval from FDA is required before marketing any of such medical products in the market for open public such as Orasure was allowed to market its home HIV test after proper evaluation and testing of devices to make it user friendly and check its suitability. The regulation of the production and sale of drugs and medical devices in the United States is an example of how resources are allocated in a centrally planned economy and the regulation of the production and sale of drugs and medical devices in the United States is an example of how resources are allocated in a market economy.
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What's the meaning of Plessy v. Ferguson ?
which civil rights act banned discrimination against any person based on race or color?
The Civil Rights Act of 1964 is the act that outlawed prejudice based on race or color.
Title VII of the Civil Rights Act of 1964. Title VII of the Civil Rights Act, as improved, protects representatives and task applicants from hiring bias established by race, color, cult, sexuality, and nationwide origin. In 1964, Congress gave Public Law 88-352 (78 Stat. 241). The Civil Rights Act of 1964 prohibits bias on the footing of race, color, doctrine, sexuality, or national inception.
Provisions concerning this civil liberties act outlawed bias on the base of sex, in addition to, race in engaging, advancing, and discharging. The 1968 Act extended previous acts and forbidden bias having to do with the auction, rent, and financing of the place of accommodation established race, morality, social inception, sexuality, (and as amended) handicap, and offspring rank.
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which two elements are required to find a defendant guilty of an intent-based crime?
a. Criminal act and criminal intent are required to find a defendant guilty of an intent-based crime
The physical or exterior component of a crime, such as the act of stealing, assault, or murder, is referred to as the criminal act. The accused must have done something that is regarded as unlawful. Contrarily, criminal intent refers to the psychological component of a crime. When committing a crime, a person must be in this frame of mind or have this mental attitude. Depending on the exact crime, criminal intent may be explicit or inferred and vary.
Crimes with a definite intent or state of mind are known as intent crimes. Crimes with intent include homicide, theft, and fraud. A defendant must have committed unlawful conduct as well as the necessary criminal intent in order to be found guilty of an intent offence. But, criminal intent is not necessary for all crimes. A person may be found guilty of certain crimes even if they did not intend to do them since they are deemed strict liability crimes.
Complete Question:
Which two elements are required to find a defendant guilty of an intent crime?
A) criminal act and criminal intent
B) victim and criminal intent
C) criminal act and proof of gain
D) motive and criminal intent
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What is the term for the defense that a product was manufactured in compliance with all safety and health standards required at that time and used current technical or scientific knowledge?
A. state-of-the-art defense
B. business advantage defense
C. cutting edge defense
D. puffery defense
The term for the defense that a product was manufactured in compliance with all safety and health standards required at that time and used current technical or scientific knowledge is state-of-the-art defense (A).
Define manufacturing compliance.Before we dive into manufacturing, we need to understand what compliance really is. Given the current situation, it's a word that's been circulating in many positions. Still, it's a fundamental part of running a business, no matter what industry you're in. Compliance, as the term suggests, is to demonstrate explicit adherence to laws, policies, policies, contracts, and moral practices. It can also be used to indicate the conditions under which these commands should be executed. This is also called consistency. A manufacturing company has two regulatory compliance structures:
Administrative compliance and corporate compliance. Organizations must comply with federal, state, and global laws and policies that apply to their compliance responsibilities. These laws are created and enforced by the terms and industry associations.
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political apathy among americans hurts which core political value the most?
The political apathy among the Americans hurts a core political value known as democracy, the most.
How does political apathy hurt democracy?Political apathy refers to a lack of interest, engagement, or participation in political activities or issues. When a significant portion of the population is politically apathetic, it can have a negative impact on democracy in several ways:
Reduced voter turnout: Political apathy can lead to low voter turnout in elections, which can make it easier for a small group of individuals or special interest groups to dominate the political process. When fewer people participate in elections, the legitimacy of the democratic process is undermined.Lack of representation: When people are politically apathetic, they may be less likely to engage with their elected officials or express their views on important issues. This can lead to a lack of representation for certain groups or viewpoints, which can ultimately harm democracy.In conclusion, political apathy can be detrimental to democracy because it undermines citizen engagement, representation, accountability, and the diversity of ideas necessary for a healthy and functioning democratic system.
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The Constitution states that all legislation regarding the passing of treaties or the approval of presidential appointments must _____.a. mark the bill as unread
b. remain within the Senate
c. legislate and produce Laws
d. people don't like the implications
According to the Constitution, only the Senate may pass legislation pertaining to signing treaties or approving presidential nominations. The correct answer is option(b).
The United States Constitution specifies that the CEO "be going to have Power, by and accompanying the Advice and Consent of the Senate, to create Treaties, given two-three of something of the Senators present approve" (Article II, portion 2). The Constitution gives to the Senate the singular capacity to authorize, by a two-thirds base vote, contracts crossed for one residence of the president of the united states.
The Senate has the singular capacity to validate those of the President's assignments that demand consent and to affirm contracts. There are, nevertheless, two irregularities to this rule: delegation of representatives must still authorize jobs to the Vice Presidency and some contract that includes overseas profession.
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what part of the united states constitution protects the general right to privacy?
An all-encompassing right to privacy is not mentioned in the US Constitution. The Bill of Rights and other amendments.
The right to privacy is a vital component of individual liberty and dignity. It describes the degree to which one is free from invasion, surveillance, or unwelcome publicity as well as one's freedom to govern their personal information. Privacy has grown in importance as a concern in the digital age, since personal data is continually gathered, saved, and shared. People might be worried about their online behaviour, the information that businesses or governments collect, or the usage of surveillance tools. In order to protect privacy, policies and legislation must be put in place that strike a balance between security and privacy issues. Moreover, effective practises for protecting personal information must be made more widely known.
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michael needs to discipline one of his employees. before doing so, he should make sure the punishment he is administering fits the crime.truefalse
Answer:
True
Explanation:
The "time" should match the "crime"
what kinds of decisions did the cherokee nation face when european nations—and later the united states—encroached on its homelands?
One of the primary decisions the Cherokee Nation faced was how to resist or adapt to the pressures of colonization and territorial expansion.
When European nations and later the United States encroached on Cherokee homelands, the Cherokee Nation faced a range of decisions that fundamentally altered the course of their history. One of the primary decisions they faced was how to resist or adapt to the pressures of colonization and territorial expansion. Some Cherokee leaders advocated for alliances with European powers, while others sought to resist colonization through military means or diplomatic negotiations. In the early 19th century, the Cherokee Nation attempted to adapt to the changing political landscape by adopting a written constitution, establishing a national capital, and building schools and businesses. However, these efforts were largely unsuccessful, and the Cherokee were forcibly removed from their ancestral lands through the Indian Removal Act of 1830. This led to the infamous Trail of Tears, in which thousands of Cherokee were forced to relocate to Indian Territory (present-day Oklahoma) and endured significant hardship and loss of life. Overall, the Cherokee Nation faced a range of difficult decisions as they navigated the complex and often violent process of European colonization and territorial expansion. Their experiences highlight the enduring impact of colonialism and the ongoing struggles for Indigenous sovereignty and self-determination.
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Which event best explains what the Federalist papers were intended to support?A) the regulation of slavery in western territories.B) the ratification of the U.S. ConstitutionC) the drafting of the Declaration of IndependenceD) the annexation of the Louisiana Territory.
B) the ratification of the U.S. Constitution event best explains what the Federalist papers were intended to support.
The proposed United States Constitution was drafted in Philadelphia in the summer of 1787 and was the subject of The Federalist Papers, which were written and distributed to convince New Yorkers to ratify it.
The Federalist Papers were produced in an effort to persuade the American people of the need for a more powerful federal government and to support the ratification of the Constitution after the Constitutional Convention.
Federalists maintained the Constitution's strengthened national government, which included a more powerful executive, independent judiciary, and increased legislative and executive authority. They contended that the federalist, checks-and-balances, and separation of powers ideologies were upheld by the new administration.
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have you ever held a job under a different name? if so, please provide the name under which you worked. legal or illegal
You ever held a job under a different name. The name under you worked is legal. So the option a is correct.
Pre-employment interviews and employment application forms are the best tools for excluding untrained or unsuitable candidates from consideration for employment early on.
Yet, job prospects for women and people from minority groups can also be limited or denied through applications and interviews. When conducting a job interview, everyone is under anxiety. While you want to add the greatest new team member possible, the person being interviewed wants to make the best impression they can.
Follow the Equal Employment Opportunity Commission's Fair Inquiry Guidelines when interviewing candidates for your business to ensure that certain protected classes are specifically protected from discrimination in hiring.
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The complete question is:
Have you ever held a job under a different name? If so, please provide the name under which you worked.
a. legal
b. Illegal
of the following, the most compelling reason for the united states to enter the war wasa. a moral obligation to halt the refugee crisis in Belgium.
b. concern over the repayment of Allied debts to American banks.
c. a desire to become more involved in the affairs of Europe.
d. the outrage of American citizens over German submarine warfare.
The most compelling reason for the United States to enter the war was d. the outrage of American citizens over German submarine warfare.
In 1915, the passenger liner Lusitania, carrying American passengers, was sunk by a German submarine, resulting in the loss of 1,198 lives, including 128 Americans. This event, along with continued unrestricted submarine warfare by Germany, outraged the American public and led to increased calls for the U.S. to enter the war on the side of the Allies. President Woodrow Wilson initially resisted these calls, but in 1917, after German attempts to form an alliance with Mexico were uncovered, Wilson asked Congress to declare war on Germany. The sinking of the Lusitania and other incidents of German aggression against American interests provided the most compelling reasons for the U.S. to enter the war.
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how did the constitution reflect specific concerns of southern states?
The US Constitution reflected specific concerns of southern states by including provisions that protected their interests.
Such as the Three-Fifths Compromise, which allowed southern states to count enslaved individuals as three-fifths of a person for the purpose of determining representation in Congress, and the Fugitive Slave Clause, which required northern states to return escaped slaves to their southern owners.
Southern states were concerned about losing power in the federal government due to their smaller populations compared to northern states. The Three-Fifths Compromise addressed this concern by giving southern states a greater number of representatives in Congress, as enslaved individuals were counted towards the population even though they were not able to vote or participate in government.
Southern states were also concerned about the possibility of enslaved individuals escaping to the North. The Fugitive Slave Clause addressed this concern by requiring northern states to cooperate in the capture and return of escaped slaves to their southern owners. This provision was particularly important to southern states as the institution of slavery was a key component of their economy and way of life.
In addition to these specific provisions, the US Constitution also protected the institution of slavery more broadly by including language that prevented Congress from banning the international slave trade for 20 years after the Constitution's ratification and by including a provision that prevented states from interfering with the "migration" of enslaved individuals between states.
Overall, the US Constitution reflected the concerns of southern states by including provisions that protected their interests in terms of representation in Congress and the protection of the institution of slavery. These provisions ultimately played a role in the tensions between northern and southern states that led to the Civil War.
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what specific argument does cato make against the structure of the executive branch which are valid
The specific argument that Cato makes against the structure of the executive branch is that the executive branch is given too much power over the legislative and judicial branches.
This argument is valid because the executive branch can use its powers to veto bills passed by the legislative branch and to appoint judges to the judiciary. This gives the executive branch the ability to significantly influence both the legislative and judicial branches, and therefore gives it an excessive amount of power in the overall balance of power between the three branches of government.
This is due in part to a failure of the legislative branch to check the power of the executive branch, which has resulted in the creation of an "imperial presidency" that wields tremendous power of both policy and governance.
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which group is ultimately responsible for choosing the president of the united states?
The final decision on the united states president rests with the Electoral College. a group of 538 electors who, in line with the Constitution, are chosen by each state and the District of Columbia.
The Electoral College, a body of 538 electors chosen by each state and the District of Columbia in accordance with the Constitution, is ultimately responsible for selecting the President of the United States. Voters in presidential elections are actually choosing a slate of electors who have vowed to back a certain candidate. The candidate who receives a majority of the electoral votes (at least 270) is elected President. It is important to note that certain states have rules requiring electors to vote for the candidate who won the popular vote in their state, even though the Electoral College is the final arbiter of the presidential election.
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After a defendant was indicted on federal bank fraud charges and released on bail, his attorney filed notice of the defendant's intent to offer an insanity defense. The prosecutor then enlisted the help of a forensic psychologist who was willing to participate in an "undercover" mental examination of the defendant.Psychologist contacted defendant and pretended to represent an agency and told defendant about an attractive employment opportunity and invited him to a "preliminary screening interview" to determine qualification for the job. Psychologist gave defendant psychological tests that enabled her to form a reliable opinion about his mental state at the time of the alleged offense.
What's the strongest basis for a defense objection to the psychologist's testimony regarding the defendant's mental state?
The 6th Amendment's right to the assistance of counsel provides the defense with the most compelling justification for objecting to the psychologist's testimony regarding the defendant's mental state.
The required details for 6th Amendment's right to the assistance of counsel in given paragraph
"In all criminal prosecutions, the accused shall have the right to have the Assistance of Counsel for his defense," the Sixth Amendment of the United States Constitution states. Five separate rights are included in the assistance of counsel provision: the right to counsel of one's choice, the right to appointed counsel, the right to conflict-free counsel, the right to effective assistance of counsel, and the right to represent oneself pro se.
The right to counsel "means, at the very least, that a person has the right to the assistance of a lawyer during or beyond the time that court procedures have been whether it be a formal charge, preliminary hearing, indictment, information, or arraignment, something has been started against him.
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Who was the naacp lawyer for Brown v. Board of Education?
Jack Greenberg was the lawyer, also the first white attorney, for Brown v. Board of Education.
The Supreme Court’s unanimous decision in the favor of Brown v. Board of Education was basically the product of the hard work as well as the diligence of the best attorneys from the nation which included Jack Greenberg, Constance Baker Motley, Robert Carter, Oliver Hill, Spottswood Robinson, Louis Redding, Charles and John Scott, Harold R. Boulware, James Nabrit, as well as George E.C. Hayes.
These LDF lawyers were further assisted by a number of brain trust of legal scholars. These legal minds were the ones who conceived, developed as well as executed the plan to dismantle the notion of “separate but equal” in the American life.
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The state took possession of Oliver's farm when he passed away because he did not have a will or any heirs. What right did the state exercise?
a. condemnation
b. eminent domain
c. escheat
d. inverse condemnation
The state took possession of Oliver's farm when he passed away because he did not have a will or any heirs. Here the state exercised the power of escheat. The correct option is C.
The real estate of a person who passes away without heirs is given to the state or the crown under the common law doctrine of escheat. It makes sure that property does not remain unclaimed and in "limbo."
It first applied to a variety of circumstances in which a legal interest in land was eliminated by operation of law, reverting to the immediately superior feudal lord as the new owner.
Escheat is a concept that is embodied in Section 29. According to the doctrine of escheat, if a person passes away intestate and does not leave behind an eligible heir, their property passes to the government.
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which of the following statements concerning power is correct?
Power can be found in all human relationships, it can be exercised obviously or subtly and involves a person to act according to the wishes of another person.
The correct option is option e.
Power can basically be defined as the ability of a particular person to get another person to act according to the first person's wishes as well as intentions. Authority can be defined as the rights which allow a person to use their power.
Power can be exercised in an obvious manner and also it can exercised in a subtle manner. Power can be found in all types of human relationships.
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--The given question is incomplete, the complete question is
"Which of the following statements concerning power is correct?
a. Its exercise can sometimes be obvious.
b. It can be exercised in subtle ways.
c. It involves a person getting another person to act in accordance with the first person's wishes.
d. It is found in all human relationships.
e. All of the above."
Which courts decide more than 95 percent of the nation's legal cases?
answer choices
State courts
Supreme court
Small claims court
District court
Answer:
State courts and District Courts decide more than 95 percent of the nation's legal cases.
what are regulations? and how do they relate to the bureaucracy?
The regulations are rules under which the programs of the federal and state governments operate. These regulations are related to bureaucracy in a way that they are formed through an administrative process under law.
The regulations are put forth by the government through the process of rule-making. These regulations determine the underlying methods of operations for the federal and state governments. As already discussed in the introductory part of the answer, the regulations may be stated to have a direct relationship to that of the federal bureaucracy.
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