According to Kenneth C. Davis, discretion is defined as an official action by a criminal justice official based on that individual's judgment about the best course of action.
Kenneth C. Davis defines discretion in the context of the criminal justice system as the exercise of judgment by a criminal justice official to determine the most appropriate course of action. This means that the official has the authority to make decisions based on their assessment of the situation and their understanding of the circumstances involved.
Discretion allows criminal justice officials, such as judges or law enforcement officers, to consider various factors when making decisions. These factors may include the severity of the offense, the individual's background, the available evidence, and public safety concerns. It gives the official the flexibility to apply their expertise and make informed judgments based on their understanding of the specific case.
By exercising discretion, criminal justice officials can tailor their actions to the unique circumstances of each situation, rather than adhering strictly to rigid guidelines or rules. It acknowledges that not all cases are the same and allows for a more individualized and nuanced approach to decision-making within the criminal justice system.
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The complete question is:
According to Kenneth C. Davis, discretion is defined as
A. a decision based on sound public policy.
B. a decision by a judge based upon all the facts submitted by an individual.
C. an official action by a criminal justice official based on that individual's judgement about the best course of action.
D. reinforcement of law with a good decision.
the layer of connective tissue surrounding the outside of the muscle is called:
The layer of connective tissue surrounding the outside of the muscle is called epimysium. The layers of connective tissue also play a role in transmitting forces from the muscle fibers to the tendons and bones that they attach to.
Epimysium is the layer of connective tissue surrounding the outside of the muscle. The epimysium is the outermost layer of connective tissue surrounding a skeletal muscle, forming a flexible and resilient sheath around the entire muscle that protects the muscle from friction against other muscles and bones. This layer of connective tissue is composed mainly of collagen fibers. The epimysium surrounds bundles of muscle fibers called fascicles and is located beneath the deep fascia, a tough connective tissue layer that separates muscle groups, so it is also part of the muscle's mechanical linkage to the rest of the body. The epimysium has a rich supply of blood vessels and nerves that supply nutrients and innervation to the muscle fibers. Its function is to provide structural integrity and support to the muscle while also allowing it to move freely within its range of motion. The muscle fibers, or myocytes, are surrounded by another layer of connective tissue called endomysium, which serves as a support and protection layer for individual muscle cells.
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List four (4) exceptions for obtaining a search warrant to search a house, car, or person. For each exception given, provide a brief example.
Answer:
I was personally taught 11 exceptions to obtaining a search warrant. I've chosen the four that I think are the most common.
(1) Consent – A warrant is not needed if the person gives the officer their permission to search their things without one. If an officer asks "may I search your car" and the driver says "yes", a warrant isn't needed.
(2) Plain View – If the objects are in "plain view", a warrant isn't required to conduct a search. An officer doesn't need a warrant to observe that which can clearly be seen in a place where there is no reasonable expectation of privacy.
(3) Evanescent Evidence – If the officer has reason to believe that a person will destroy the evidence in the time it will take to get a warrant, places may be searched without one.
(4) Hot Pursuit – Any attempt a person makes to physically escape before the officer is done with them is grounds for arrest without a warrant, and anything the officer comes across, sees, or walks by in their pursuit of them, is automatically searchable without a warrant.
1. What are the advantages of controlling environmental contamination by separately regulating the elemental media of air, water, and land? What are the limitations of this approach?
2. What have been the greatest strengths of environmental assessment law in Canada so far, and what have been the greatest weaknesses and continuing deficiencies of environmental assessment in Canada?
Separately regulating the basic media of air, water and land in pollution control allows for a targeted approach tailored to the specific characteristics and challenges of each media.
This enables targeted regulation and mitigation strategies, ensuring better protection and management of each asset. However, this approach creates fragmented oversight, potential gaps in managing media interactions and cumulative impacts, and limits your ability to fully understand and address complex environmental issues.
The strengths of Canada's environmental impact assessment law include promoting sustainability, public participation, and comprehensive evaluation. This facilitate informed decision-making, environmental considerations and identification of potential negative impacts.
However, weaknesses include limited enforcement powers, insufficient consideration of indigenous rights and traditional knowledge, climate change impacts, and lengthy processes. Consistent shortcomings include lack of transparency, inadequate consideration of alternatives, and limited oversight and enforcement follow-up.
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medical malpractice suits are good examples of ________ cases.
Medical malpractice suits are good examples of tort cases. They fall under negligence torts, which happen due to carelessness or lack of attention to a situation.
A tort is a civil wrongdoing that causes injury or damage to an individual, group, or entity. It occurs when one party violates another's legal rights, which may result in criminal or civil liability. Medical malpractice cases are a typical example of a tort claim, in which a patient claims to have suffered harm as a result of a doctor's mistake or neglect. The three types of torts are intentional, strict liability, and negligence. Intentional torts are done intentionally to harm someone else, strict liability is done without intent, and negligence torts are based on carelessness or lack of attention to a situation. Medical malpractice suits are categorized under negligence torts, which means the healthcare professional was careless in their duty to the patient, resulting in injury or harm. A medical malpractice suit can be brought against a hospital, healthcare professional, or medical facility. The lawsuit is aimed to prove that the accused party failed to perform their duty of care, which led to harm or damage to the plaintiff. Medical malpractice suits can be complicated, and costly, and require legal expertise to pursue successfully. The average medical malpractice lawsuit payout is $300,000; however, it can be more or less depending on the circumstances of the case.
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under what circumstances will a covenant not to compete be enforced
A covenant not to compete, also known as a non-compete agreement, may be enforced under specific circumstances to protect legitimate business interests, such as trade secrets, customer relationships, and confidential information.
The enforceability of a covenant not to compete varies depending on jurisdiction and the specific circumstances surrounding the agreement. Generally, for a non-compete agreement to be enforceable, it must meet certain requirements.
First, the agreement must be supported by valid consideration, meaning the employee receives something of value in exchange for agreeing not to compete. This consideration could be a job offer, promotion, or access to confidential information.
Second, the covenant must be reasonable in terms of its duration, geographic scope, and the scope of activities it seeks to restrict. Courts typically assess the reasonableness of a non-compete agreement by considering factors such as the nature of the business.
The employee's role, the competitive landscape, and the potential harm to the employer's legitimate business interests. If the restrictions are deemed overly broad or unreasonable, a court may refuse to enforce the agreement or modify its terms to make it more reasonable and fair to both parties.
To be enforceable, a non-compete agreement should be designed to protect legitimate business interests, such as trade secrets, confidential information, customer relationships, or specialized skills. It should also not unduly restrict an employee's ability to find employment or pursue their profession after leaving the company.
Additionally, some jurisdictions require non-compete agreements to be in writing and signed by both parties to be enforceable. It's important for employers and employees to carefully consider the terms and conditions of a non-compete agreement and seek legal advice.
If necessary to ensure its enforceability and compliance with applicable laws in their jurisdiction.
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Which of the following cases describes an agreement of ethics and laws?
A) A company outsourcing its jobs to a foreign country.
B) A person being penalized for bribing a judge to rule a case in the person's favor.
C) A company not spending more money to keep its emission rates below the legal standard.
D) A person hiring an illegal alien worker whose family is in destitute.
Answer: B.
Explanation:
Took the test
The Parol Evidence rule is relevant only in cases:
A. that are oral in nature.
B. where parties have expressed an agreement.
C. of the sale of goods.
D. subsequent modification do not have a suitable consideration
The Parol Evidence rule is relevant only in cases where parties have expressed an agreement.What is the Parol Evidence rule?Parol evidence rule is a legal principle that preserves the integrity and finality of a written document.
It is a substantive common law rule that governs the usage of evidence of oral or written communications that are made before or at the time of executing a written contract in regards to that agreement.In the United States, the parol evidence rule has been widely implemented in all types of contracts, although the term "parol" is most commonly used to describe contracts for the sale of goods. This rule governs when an extrinsic evidence or an outside document may or may not be introduced to interpret or complete a contract.What is the relevance of Parol Evidence rule?Parol Evidence Rule is significant in cases where parties have expressed an agreement. This rule has the following relevance:It prevents fraud and perjury by maintaining the finality of the written agreement.It preserves the contract’s sanctity and serves to restrict contradictory or non-conforming evidence that is presented for the same purpose. It ensures the interpretation of the written contract as intended by the parties.It reduces the scope of expensive and time-consuming litigation. It restricts claims of oral promises or statements that would otherwise allow a party to stray from their agreement’s stipulated provisions.
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Which of the following is not true about seat belts?
A. The seat belt must be worn by you and all passengers.
B. If a passenger is 16 years or over, both of you will be given a ticket.
C. Wearing a seat belt prevents collisions.
Wearing a seat belt is essential for the safety of passengers. It prevents passengers from hitting the dashboard, steering wheel, or windshield in the case of an accident.
It protects them from severe injuries and also keeps them in their seat in case of a sudden stop or collision. Some states have made wearing a seat belt mandatory by law. The seat belt must be worn by the driver and all passengers in the car. The front and back seat passengers must also wear seat belts.
If you don't, you risk fines or penalties. Most states will issue tickets to both of you if a passenger is 16 years old or older.
But it is untrue that "C. Wearing a seat belt prevents collisions" Instead than preventing crashes, the seat belt offers protection in the event of one. It raises the likelihood of survival and lowers the danger of serious injury.
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The statement 'C. Wearing a seat belt prevents collisions' is not true. While seat belts are crucial for safety and can minimize injuries during a collision, they do not prevent the collision itself.
Explanation:The statement that is not true about seat belts from the options you have given is 'C. Wearing a seat belt prevents collisions.' Seat belts are designed to protect passengers in the event of a collision, not prevent the collision itself. Wearing a seat belt helps to keep you inside the vehicle and reduces the risk of serious injury by dispersing the force of a crash across the strongest parts of your body. While it's true that both driver and passengers need to wear seat belts and can face penalties if caught without them, the seat belt itself is not a preventative measure against accidents happening in the first place.
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by what term is the practice of the courts to uphold precedent known?
The term used for the practice of the courts to uphold precedent is known as stare decisis.What is Stare Decisis?Stare decisis is a Latin phrase that means "to stand by things decided." It is the legal principle that courts should follow the previous decisions or precedents of higher or similar courts in the same jurisdiction while making decisions in similar cases or controversies.The doctrine of stare decisis is a fundamental principle of the common law legal system, and it promotes consistency, predictability, and stability in the law. By following established precedents, courts can ensure that similar cases are treated similarly, and litigants can rely on the predictability and consistency of the law when making decisions.
Legal principles expressed for the first time in court decisions are called: a. statutory law. b. stare decisis. c. common law. d. precedents.
Legal principles expressed for the first time in court decisions are called common law.
Common law refers to a legal system where the law is created based on past legal decisions or precedents, as opposed to statutes written by the legislative branch or regulations issued by the executive branch. Legal principles that are established for the first time in court decisions become part of the common law tradition. Once a principle is established, it becomes a precedent, which is a legal decision or judgment that serves as an authoritative rule or pattern in future cases that have similar issues or facts.This system of common law developed in England and was later adopted by many other countries, including the United States. Under common law, judges have the authority to interpret the law and make decisions based on their interpretation of past legal decisions. The principle of stare decisis, which means "to stand by things decided," is a cornerstone of common law and requires judges to follow precedents set by higher courts when deciding cases with similar facts and legal issues. Answers:a. Statutory law refers to written laws created by the legislative branch.b. Stare decisis is a principle of common law that requires judges to follow past legal decisions or precedents.c. Common law is a legal system based on past legal decisions or precedents.d. Precedents are legal decisions or judgments that serve as authoritative rules or patterns in future cases.
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True or False: The recommended way to implement an ERP system is to modify the software
The recommended way to implement an ERP system is to modify the software is False, the recommended way to implement an ERP system is not to modify the software.
Enterprise resource planning (ERP) software should not be modified in the recommended approach. Instead, the system must be integrated with the company's processes. Many ERP vendors, such as SAP, offer a variety of solutions that can be tailored to suit specific company needs. ERP systems are designed to be versatile enough to meet the needs of a wide range of firms, regardless of their size, type, or industry. As a result, it is not usually recommended to change ERP software to suit the company's requirements. ERP systems are often capable of being customized by the business in order to suit its requirements. However, rather than modifying the software, businesses can choose ERP solutions that match their requirements and then integrate the system into their operations.In conclusion, the recommended way to implement an ERP system is not to modify the software, rather integrate it with the company's processes.
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the legal document that spells out the partners rights and duties is called the
The legal document that spells out the partner's rights and duties is called the partnership agreement.
A partnership agreement is a legal document that outlines the terms and conditions of a partnership between two or more individuals. The agreement specifies the rights and responsibilities of each partner, including their share of profits and losses, capital contributions, and voting rights. A partnership agreement should include the following information:
Name and purpose of the partnershipThe length of the partnershipThe initial contributions of each partnerDistribution of profits and losses among partnersRights and responsibilities of each partnerProcedures for admitting new partners and exiting current partnersDispute resolution methodsTax treatment of the partnershipThe partnership agreement is a crucial document that helps prevent disputes and misunderstandings between partners. It ensures that everyone is on the same page regarding their roles, responsibilities, and expectations. For this reason, it's essential to have a well-drafted partnership agreement that accurately reflects the partners' intentions and protects their interests.
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what is the key factor in a representative democracy?
A key factor in a representative democracy is free and fair elections as they ensure that the people have a say in how they are governed and that the representatives are accountable to them.
Representative democracy is a form of government in which citizens elect officials to represent their interests. The key factor in a representative democracy is free and fair elections. In a representative democracy, the power rests with the people, and the representatives are accountable to the people. Free and fair elections allow the people to choose their representatives and hold them accountable if they fail to represent their interests properly. In a representative democracy, the representatives are expected to represent the interests of their constituents. This means that they must be responsive to the needs and concerns of the people they represent. If the representatives fail to represent the interests of their constituents, they risk losing their positions in the next election cycle.
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what do you think about the differences between the common law and
the UCC rules on offers and acceptances? Can you think of an
example where you might have madr offer forming a contract?
In a contract under common law, all of the following must be included: the offer, the type of the work, the price, the quantity, and the performance. In a contract under the UCC, just the quantity must be specified.
In general, the UCC offers what the common law does: if the parties have a written document that is meant to be their final agreement, it "may not be contradicted by evidence of any prior agreement or of a contemporaneous oral agreement." The "course of dealing or usage of trade" may, however, provide an explanation. When someone visits a grocery store to buy their groceries, they enter into an agreement with the store to pay money in exchange for food and drink.
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a request for proposal (rfp) represents a legal contract. T/F?
False. A request for proposal (RFP) does not represent a legal contract.
An RFP is a document used by organizations to solicit proposals from potential vendors or contractors for a specific project or service. It outlines the requirements, scope of work, evaluation criteria, and other relevant details for interested parties to submit their proposals. However, an RFP itself does not create a legal contract between the issuing organization and the responding vendors.
The purpose of an RFP is to initiate a competitive bidding process and gather proposals that meet the organization's needs. Once the organization reviews and evaluates the received proposals, they may enter into negotiations and eventually form a legal contract with the selected vendor. The contract is typically a separate agreement that includes specific terms and conditions, such as pricing, deliverables, timelines, and legal obligations.
While an RFP sets the stage for potential contract negotiations, it is important to note that it is not a legally binding contract in itself. It serves as a tool for gathering information and initiating discussions, but the actual legal obligations and rights of the parties involved are typically established in the final contract that is negotiated and executed after the selection process.
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criminal liability is defined as criminal conduct that qualifies for criminal
Criminal liability refers to the legal responsibility for engaging in criminal conduct that meets the criteria for a criminal offence.
Criminal liability is the concept in law that holds individuals accountable for their actions when they commit a crime. It is based on the principle that individuals should be held responsible for their behaviour if it violates established laws and causes harm to others or society as a whole.
Criminal conduct refers to actions or omissions that are considered unlawful and punishable under the criminal justice system. For an individual to be criminally liable, their conduct must meet the specific elements outlined in the criminal law. These elements typically include a wrongful act (actus reus) and a culpable mental state (men's rea).
Actus reus refers to the physical act or omission that constitutes the crime, while men's rea refers to the mental state or intent behind the act. The specific requirements for criminal liability can vary depending on the jurisdiction and the nature of the offence.
Criminal liability is determined through a legal process that involves the investigation, arrest, and prosecution of individuals suspected of committing a crime. If the evidence supports the elements of a criminal offence, a person may be charged and brought to trial.
If found guilty, they may face various penalties, such as fines, probation, imprisonment, or a combination of these, depending on the severity of the offence and the applicable laws.
Overall, criminal liability serves as a fundamental component of the criminal justice system, ensuring that individuals who engage in criminal conduct are held accountable for their actions and that society is protected from unlawful behaviour.
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T/F a corporation is a legal entity created and recognized by federal law.
True. A corporation is a legal entity created and recognized by federal law.
A corporation is a type of legal entity that is created and recognized by federal law. It is established through a formal process, usually by filing certain documents with the appropriate government agency, such as the Secretary of State or the equivalent authority. Once created, a corporation becomes a separate legal entity from its owners, known as shareholders.
The legal recognition of a corporation provides it with certain rights, privileges, and responsibilities. It allows the corporation to enter into contracts, own assets, sue or be sued, and engage in business activities. Additionally, a corporation provides limited liability protection to its shareholders, which means their personal assets are generally not at risk for the corporation's debts or legal obligations.
Federal law governs the creation, organization, and regulation of corporations. However, it is important to note that there may also be state-specific laws that apply to corporations, as states have their own corporation statutes.
These state laws can provide additional requirements and regulations for corporations operating within their jurisdiction. Nonetheless, the foundational recognition and establishment of a corporation as a legal entity occur through federal law.
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American trial courts are highly decentralized. This means:
American trial courts are highly decentralized, which means that the organization and administration of trial courts are carried out by each state. They are independent of each other.
In the United States, trial courts have highly decentralized administration and organization. Each state has its own court system and thus its own policies and practices. While there are general national guidelines that courts must follow, they are mostly independent of each other, with significant variation from state to state. Each state's court system is in charge of its own budget, hiring, and the establishment of court rules.The U.S. has three levels of trial courts, which are state, federal, and local courts. The state courts handle the vast majority of legal issues, including misdemeanors, small claims, family law, and probate. Federal courts, on the other hand, handle issues related to federal law, such as constitutional law and bankruptcy law. Local courts, such as municipal courts and traffic courts, deal with minor offenses.Overall, American trial courts are highly decentralized, which means that each state's court system has a significant degree of autonomy and that the structure and administration of the courts vary greatly from state to state. This decentralization allows states to create their own court systems that best suit their unique needs and priorities.
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the law of universal gravitation states that any two objects in the universe:
The law of universal gravitation states that any two objects in the universe attract each other with a force that is directly proportional to the product of their masses and inversely proportional to the square of the distance between them.
The law of universal gravitation states that any two objects in the universe attract each other with a force that is directly proportional to the product of their masses and inversely proportional to the square of the distance between them. This law, first formulated by Sir Isaac Newton, is one of the most important discoveries in physics and has been used to explain a wide range of phenomena, from the orbits of planets around the sun to the behavior of subatomic particles. The law of universal gravitation is expressed mathematically as F=G(m1m2)/r², where F is the force of attraction between two objects, G is the gravitational constant, m1, and m2 are the masses of the two objects, and r is the distance between them. The value of G is approximately 6.67 x 10-11 N(m/kg)². The law of universal gravitation applies to all objects in the universe, regardless of their size or composition.
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What is your feeling on sentencing guidelines ,and do you believe they are used the same in every case before the court
Sentencing guidelines are useful for optimizing and speeding up some legal processes, however, we cannot believe that they are used in the same way in all court cases.
What are the sentencing guidelines?They are legal standards.These are guidelines for judges.They are descriptions of how certain criminal cases should be evaluated.Sentencing guidelines are very useful and speed up the legal process by allowing standards of assessment that allow greater clarity in assessing the nature and seriousness of the crime, helping to finalize the case.
However, as these cases have different characteristics and many different elements, the sentencing guidelines cannot be used in the same way in all cases and must adapt to each situation.
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Which of the following statements about prejudice is true?
a. Prejudice involves prejudgments. b. Prejudice treats everyone in some category in the same way. c. Prejudice can be positive or negative. (d). All of the above are correct.
All of the above are correct about prejudice. The correct option is d.
All of the statements made are true, and prejudice is a complicated phenomenon. prejudice involves prejudgments which occur when people form opinions or assumptions about others without having enough information or background. Second prejudice results in unfair and discriminatory treatment that is based on stereotypes and biases and does not treat everyone equally.
Finally prejudice can appear in both positive and negative ways because it can lead to people having favorable or unfavorable attitudes toward other people. In order to effectively address and challenge prejudice it is crucial to understand its multifaceted nature. By recognizing these factors we can work to combat the negative effects of prejudice in society and promote understanding, equality and empathy.
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In order for complete diversity to exist, which of the following must be TRUE? [a] all parties are citizens of different states [b] all P are citizens of different states [c] all D are citizens of different states [d] no D is a citizen of the same state as any P
In order for complete diversity to exist no D is a citizen of the same state as any P. Option D is correct.
In United States law, complete diversity is a term used in relation to diversity jurisdiction, which is a form of subject-matter jurisdiction that gives the power to hear lawsuits that do not involve a federal question for U.S. federal courts. To have diverse jurisdiction over a lawsuit, two conditions must be met by the U.S. federal court.
The First condition is there must be “diversity of citizenship” between the parties, meaning the plaintiffs must be citizens of different U.S. states than the defendants. The Second condition is the lawsuit’s “amount in controversy” must be more than $75,000.
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federal and state courts generally view the privacy rights of employees as:
Federal and state courts generally view the privacy rights of employees as being limited.
As far as privacy is concerned, the rights of the employer are balanced with those of the employee. The employee has the right to be free from unwarranted invasion of privacy by their employer. However, when the employee is in the workplace, the employer has the right to monitor their work environment and to keep track of their conduct. When the employer is monitoring the employee's job performance, there is no violation of the employee's right to privacy. There is no right to privacy if the information being sought is related to the employee's job duties or responsibilities. When it comes to criminal activities, federal and state courts generally view the privacy rights of employees as being limited. Employers, for example, have the right to search an employee's belongings and to keep an eye on their activities if they suspect the employee of stealing or committing other crimes. The court will typically favor the employer in cases where employee privacy rights clash with the employer's interests.
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