Execution and garnishment are enforcement mechanisms used after a judgment has been delivered to ensure that the successful party receives the awarded amount.
Execution involves the seizure and sale of the judgment debtor's assets to satisfy the judgment. Garnishment, on the other hand, involves the collection of the judgment amount directly from a third party who owes money to the judgment debtor. Both execution and garnishment provide methods for enforcing the judgment and securing payment for the successful party.
Execution is a process by which the successful party, also known as the judgment creditor, can enforce the judgment and collect the awarded amount from the judgment debtor. Once the judgment has been obtained, the judgment creditor can request the court to issue a writ of execution.
This writ allows the judgment creditor to seize the judgment debtor's assets, such as bank accounts, real estate, or personal property, and sell them to satisfy the judgment.
Garnishment, on the other hand, involves collecting the judgment amount directly from a third party who owes money to the judgment debtor. The judgment creditor can seek a garnishment order from the court, directing the third party, known as the garnishee, to pay the judgment amount to the judgment creditor instead of the judgment debtor.
Common types of garnishment include wage garnishment, where a portion of the debtor's wages is withheld, or bank account garnishment, where funds in the debtor's bank account are frozen and transferred to the judgment creditor.
Both execution and garnishment serve as effective enforcement mechanisms after a judgment has been delivered. They provide legal means for the successful party to secure payment and satisfy the judgment. However, the specific rules and procedures for execution and garnishment may vary depending on the jurisdiction and the nature of the judgment.
In summary, execution and garnishment are enforcement mechanisms used after a judgment has been delivered. Execution involves the seizure and sale of the judgment debtor's assets, while garnishment allows the collection of the judgment amount from a third party who owes money to the debtor. These mechanisms ensure that the successful party receives the awarded amount and provide means for enforcing the judgment.
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refers to where a case is brought. Select one: a. Parley b. Absolution c. Res ipsa loquitur d. Venue
The correct answer is d. Venue.
Venue refers to the specific geographical location (such as a city or county) where a legal case is brought to court. It is important because it determines which court has jurisdiction over the case, and can also affect things like the convenience of witnesses and parties involved in the case.
_ law describes certain ethical laws and principles believed to be morally right and "above" the laws devised by humans.
Multiple Choice
Natural
Common
Uniform
Ethics
Natural law describes a set of ethical laws and principles believed to be inherently moral and "above" the laws created by humans. The Correct option is A
It is rooted in the idea that certain fundamental rights and principles exist universally, regardless of human-made laws. Natural law theorists argue that these principles are derived from a higher source, such as nature, reason, or a divine authority.
They believe that these principles provide a basis for assessing the legitimacy of human laws and actions. Natural law is often associated with concepts like justice, fairness, human dignity, and the inherent rights of individuals. It has influenced legal systems and ethical theories throughout history. The Correct option is A
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Xtreme Publications, Inc., disseminates obscene materials. This is
a crime under numerous state and federal statutes.
a privilege under Article IV, Section 2.
a right under the commerce clause.
a right under the First Amendment.
Xtreme Publications, Inc. disseminates obscene materials. Is this a crime under numerous state and federal statutes? The answer is YES. Obscene materials are defined as anything that "the average person, applying contemporary community standards, finds to be arousing or appealing to the prurient interest," according to the Supreme Court.
In addition, many states have created their own obscenity statutes, which can vary significantly. The first amendment is a right to free speech; however, the Supreme Court has decided that obscenity is not safeguarded by the First Amendment. The Supreme Court's decision in Miller v. California (1973) established the current test for determining what constitutes obscenity, and this test is now widely used in obscenity cases. According to the Miller test, whether a work is obscene is determined by three criteria: whether the average person, applying contemporary community standards, would find that the work appeals to prurient interests; whether the work depicts or describes in a patently offensive manner conduct specifically defined by applicable state law; and whether the work, as a whole, lacks serious literary, artistic, political, or scientific merit.
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the colorado real estate commission on its own motion can investigate:
Answer:
The Colorado Real Estate Commission on its own motion can investigate any licensee or unlicensed person if it has reason to believe that the licensee or unlicensed person has violated any provision of the Colorado Real Estate License Law or any rule or regulation promulgated by the Commission. The Commission can also investigate any person who has engaged in any conduct that would be grounds for discipline of a licensee, even if that person is not licensed. The Commission has the authority to conduct investigations, hold hearings, issue subpoenas, and take other actions as necessary to enforce the provisions of the Colorado Real Estate License Law.
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What does it mean that Jesus fulfilled the law, but did not abolish it?
Jesus fulfilled the law by perfectly embodying its principles and purpose, but He did not abolish it; instead, He affirmed its enduring significance while establishing a new covenant.
When it is said that Jesus fulfilled the law but did not abolish it, it means that He completed or brought to fulfillment the purpose and intent of the Old Testament law given by God to the Israelites. Jesus did this by perfectly embodying the law's principles of love, justice, and righteousness. He lived a sinless life and perfectly fulfilled the moral requirements of the law.
However, Jesus did not abolish the law in the sense of rendering it obsolete or irrelevant. Instead, He affirmed its enduring significance and validity. He clarified its true meaning and purpose, emphasizing the importance of internal transformation and genuine righteousness of the heart, rather than merely outward compliance.
Through His teachings, life, death, and resurrection, Jesus established a new covenant that fulfilled the law's demands and brought forgiveness, grace, and salvation to all who trust in Him. The law's moral principles are still relevant today, guiding believers in how to love God and love others, while the ceremonial and sacrificial aspects of the law are no longer required due to Christ's ultimate sacrifice.
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Use any two of the following idioms in your own sentences? [a] in the bad books of, [b] die the harness, [c] show white feather. , [d] a himalayan blunder
[a] John found himself in the bad books of his boss after missing multiple deadlines. [d] The company's decision to invest heavily in a failing product turned out to be a Himalayan blunder.
[a] "In the bad books of": This idiom refers to being in someone's disfavor or being viewed unfavorably by someone. In the given example, John has fallen out of favor with his boss due to his repeated failure to meet deadlines. This implies that his boss is displeased or unhappy with him.
[d] "A Himalayan blunder": This idiom is used to describe a significant and disastrous mistake or error. It implies that the mistake made is of immense magnitude, akin to the scale and impact of a blunder made in the vast Himalayan mountain range. In the provided example, the company's decision to heavily invest in a failing product is described as a Himalayan blunder. This suggests that the decision was not only a mistake but one with severe consequences or implications for the company.
Idioms add color and figurative language to our conversations or writing, allowing us to convey meaning in a more engaging and expressive manner. They often carry cultural or historical references that provide depth to the language used.
While idioms can be fun and creative, it's essential to use them appropriately and consider the context in which they are used. Their meanings may not always be clear to non-native speakers or individuals unfamiliar with the particular idiom. Therefore, it's crucial to use idioms judiciously and ensure that the intended audience understands their figurative nature.
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Tort law is designed to provide compensation for injury or damages suffered. Is it appropriate for the civil court to award damages where no loss has been suffered by the person suing? For example, in a case of trespass.
write 150 words and add references
Yes, it can be appropriate for the civil court to award damages, such as nominal damages, in cases of trespass even if no actual loss has been suffered by the person suing.
In tort law, the primary objective is to provide compensation for injury or damages suffered by an individual due to the wrongful conduct of another party. Generally, it is necessary for the person suing to demonstrate that they have suffered some form of loss or harm as a result of the defendant's actions. However, there are instances where the civil court may award damages even if no direct loss has been suffered.
In the case of trespass, for example, where an individual unlawfully enters another person's property without permission, the court may award nominal damages even if no actual harm or financial loss has occurred. This is because the law recognizes that trespassing violates a person's right to exclusive possession of their property, and such a violation alone is considered a legal wrong deserving of compensation.
The purpose of awarding nominal damages is to vindicate the person's rights and deter future trespasses, even if no quantifiable loss has been incurred. While some argue that awarding damages without actual loss may be seen as unfair or frivolous, it serves the broader purpose of upholding the principles of property rights and deterring wrongful conduct.
Additionally, nominal damages are typically symbolic in nature, representing a minimal amount rather than substantial compensation. Overall, the appropriateness of awarding damages without direct loss depends on the specific circumstances and objectives of tort law in promoting justice and deterring unlawful behavior.
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Each of the following sentences was written by a first-year law student. First, identify the structural problem or problems with each sentence. Then rewrite each sentence to resolve the problems and to make its meaning clear to the reader.
1. New York Civil Rights Law § 51 says that the commercial use of any person’s name or likeness, used for an advertisement or to profit by selling, without having first obtained written consent, may sue for damages.
2. Although Ms. Roland is a person who was injured by the nonconsensual use of her picture for advertising and trade purposes by Online Images, Inc. and the incidental use of her photograph by the New York State Division was unlawful.
3. The question presented in this case is whether or not a minor who has entered into a cell phone contract in the State of Ohio can disaffirm said contract, taking into consideration whether the cell phone could, given the exception for necessities, be considered "necessary" and, assuming a disaffirmance was allowed, if there were time restrictions to which a minor would be subject.
4. Exemplary damages are allowed when it is found that a company or person used an image knowing that they do not have consent.
5. There is no cause of action for a plaintiff for invasion of privacy just because they are cast in a "false light."
6. Online Images, Inc. knew it did not possess written consent of Ms. Roland for the use of her photograph, thus satisfying the requirement for the jury to consider an award for exemplary damages.
7. The element of knowing use is usually a question for the jury once it has been found that compensatory damages are warranted.
8. The enactment of § 51 was immediately preceded by a lawsuit in which a young woman could not recover damages when a company nonconsensually used her photograph in a national advertising campaign because New York did not have a common law or statutory right of privacy.
1. New York Civil Rights Law § 51 requires written consent for the commercial use of a person's name or likeness in advertisements or for profit, and allows for legal action to claim damages.
2. The nonconsensual use of Ms. Roland's picture by Online Images, Inc. for advertising and trade purposes, as well as the incidental use by the New York State Division, was unlawful.
3. The central issue in this case is whether a minor who has entered into a cell phone contract in Ohio can disaffirm the contract, considering the necessity exception and potential time restrictions.
4. Exemplary damages can be awarded when it is proven that a company or individual used an image without consent.
5. Invasion of privacy does not constitute a cause of action solely based on casting someone in a "false light."
6. Online Images, Inc. knowingly used Ms. Roland's photograph without written consent, fulfilling the requirement for the jury to consider exemplary damages.
7. Once it is established that compensatory damages are warranted, the question of knowing use becomes a matter for the jury.
8. The passage of § 51 followed a lawsuit where a young woman was unable to recover damages due to the absence of a common law or statutory right to privacy in New York.
1. The sentence lacks clarity in terms of its structure and expression. The revised sentence clearly states that New York Civil Rights Law § 51 mandates written consent for using a person's name or likeness for commercial purposes without facing legal consequences.
2. The original sentence is convoluted and confusing. The rewritten sentence simplifies the information by clearly stating that the nonconsensual use of Ms. Roland's picture by Online Images, Inc. for advertising and trade purposes, as well as the incidental use by the New York State Division, was unlawful.
3. The sentence is excessively long and contains complex phrasing. The revised sentence succinctly presents the main issue of whether a minor in Ohio can disaffirm a cell phone contract, taking into account the necessity exception and potential time restrictions.
4. The original sentence is grammatically incorrect and lacks clarity. The revised sentence clearly states that exemplary damages can be awarded if it can be proven that a company or person used an image without consent.
5. The sentence is unclear and lacks proper structure. The revised sentence states that casting someone in a "false light" does not alone constitute a cause of action for invasion of privacy.
6. The original sentence is excessively wordy and could be simplified. The revised sentence clearly states that Online Images, Inc. used Ms. Roland's photograph without written consent, which satisfies the requirement for the jury to consider exemplary damages.
7. The sentence lacks clarity and could benefit from better structure. The revised sentence states that once it is determined that compensatory damages are warranted, the question of knowing use becomes a matter for the jury to decide.
8. The original sentence is complex and unclear. The revised sentence explains that the passage of § 51 followed a lawsuit where a young woman couldn't seek damages due to the absence of privacy rights in New York's common law or statutes.
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"Jurisdiction B levies a flat 7 percent tax on the first $5
million of annual corporate income.
Required:
Leray Incorporated generated $6 million income this year.
Compute Leray’s income tax and det"
Leray Incorporated's income tax for the year amounts to $420,000.
Leray Incorporated generated $6 million in income this year. Since Jurisdiction B imposes a flat 7 percent tax on the first $5 million of annual corporate income, the tax calculation involves two steps. First, we determine the tax on the first $5 million of income, which amounts to $350,000 (7% of $5 million). Next, we calculate the tax on the remaining $1 million of income, which is $70,000 (7% of $1 million). Adding these two amounts together, Leray Incorporated's income tax for the year is $420,000.
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penalties for violation of safety rules by employees are usually stated in the:
Content loaded penalties for violation of safety rules by employees are usually stated in the company's safety policies or rules and regulations.
It is critical for organizations to establish specific safety policies and regulations that workers must comply with to guarantee employee safety and minimize workplace accidents.
A safety policy is a written document that outlines an organization's commitment to occupational safety and health. The company's policies and protocols reflect a commitment to health and safety in the workplace, as well as the company's general goals, intentions, and values.
Content loaded penalties for violation of safety rules by employees are usually stated in the company's safety policies or rules and regulations. These regulations are intended to educate employees on how to remain safe in the workplace, as well as the importance of adhering to these guidelines. The policies also provide specifics on what disciplinary measures would be taken if a worker violates the rules and policies, which are communicated in advance to the employee.
While a written safety policy is not required by law, organizations must establish and implement a safety management plan that includes policies, training, and procedures to comply with Occupational Safety and Health Administration (OSHA) regulations.
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Which of the following is true regarding the use of attorneys to represent one or more of the parties during arbitration? Parties may not have legal counsel. It is up to each of the parties. They may have legal counsel or they may not. Individuals may have legal counsel, but corporations may not. Parties may have legal counsel if they had legal counsel in mediation proceedings. Otherwise, legal counsel may not be used. Corporations may have legal counsel, but individuals may not.
The following statement is true regarding the use of attorneys to represent one or more of the parties during arbitration: It is up to each of the parties. They may have legal counsel or they may not.
In arbitration proceedings, the decision of whether to have legal counsel representing the parties is generally left to the discretion of the parties involved.
The arbitration process is intended to be more informal and less adversarial than traditional litigation, and some parties may choose not to engage legal representation to keep the process less formal and more cost-effective. On the other hand, parties may opt to have legal counsel present to ensure their interests are adequately protected and to navigate the legal complexities of the arbitration process.
It is important to note that the specific rules and guidelines regarding legal representation in arbitration may vary depending on the arbitration agreement or the rules of the arbitration institution being utilized.
Some arbitration agreements or rules may require or prohibit legal representation based on the nature of the dispute or the parties involved. Therefore, it is crucial for the parties to carefully review the terms of their arbitration agreement and seek legal advice if necessary to determine their rights and options regarding legal representation in the arbitration process.
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A criminal defense lawyer files a motion to suppress evidence against her client stating that the evidence should not be deemed inadmissible as "fruit of the poisonous tree." The attorney is relying upon which of the following The Eden Rule. The Adam Rule. The Eve Rule. The Fourth Amendment Rule. The exclusionary rule.
The attorney is relying upon the exclusionary rule. The exclusionary rule is a legal principle that states that evidence obtained in violation of a defendant's constitutional rights.
Such as the Fourth Amendment protection against unreasonable searches and seizures, should be excluded from being admitted in court.
It is based on the idea that evidence obtained through illegal or improper means is tainted and should not be used against the defendant. The exclusionary rule aims to deter law enforcement misconduct and safeguard individuals' constitutional rights.
In this case, the defense lawyer is filing a motion to suppress evidence, arguing that it should be deemed inadmissible as "fruit of the poisonous tree." This term refers to evidence that is obtained indirectly through an unlawful action, such as an illegal search or seizure.
By invoking the exclusionary rule, the attorney is asserting that the evidence in question was derived from a violation of the defendant's rights and should therefore be excluded from the trial.
It is worth noting that the options presented in the question, "The Eden Rule," "The Adam Rule," and "The Eve Rule," are not recognized legal terms in relation to the exclusionary rule or the suppression of evidence. The correct term to refer to the principle of excluding unlawfully obtained evidence is the exclusionary rule.
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to protect a movie, what category of intellectual property would be used?
The author or creator of original works like books, music, software, and movies is given legal protection in the form of copyrights.
It is designed to give the creator exclusive rights to their work, including the right to copy, distribute, and sell it. This type of intellectual property is commonly used in the movie industry to protect the content loaded to protect a movie.
Copyrights are important for the film industry to protect the creative and commercial interests of filmmakers. By securing a copyright on their work, filmmakers can prevent others from using their work without permission or without compensation.
A copyright also ensures that the author or creator of the work receives appropriate credit for their work. This is important in the film industry because it allows filmmakers to build their reputation and brand based on their work. The copyright holder can also sell or license their rights to others, which can help to generate additional revenue.
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Canadian Charter of Rights and Freedoms
For each of the following identify which section, sections and subsections apply to the following
situations:
1. You are told by the police during a peaceful demonstration that you must disperse.
2. You have been detained but have not been informed of any charges.
3. Your company, which is a private corporation, has asked to refrain from publishing certain
commentary on a blog that it argues damages the company’s reputation. You suggest that
under s. 2(b) of the Charter you have freedom of expression. What section of the Charter might
they counter with?
4. Police come to your door and ask to enter. You can refuse based on what section or sections of
the Charter.
5. You argue that under s. 2(b) of the Charter you have the right to advertise cigarettes in your
store window contrary to the Federal Tobacco Act. What contrary position might the
government take.
6. You have been accused of a crime and have been awaiting trial for 7 months. What Charter
issues might your lawyer use to seek your release.
7. The Provincial Government is intending putting into effect legislation that may be contrary to
the Charter. Can they do this? What section of the Charter allows them to contemplate such
Legislation.
8. Your employer has found out that in the evenings you have been attending regular meetings with
a group whose political values your employer finds offensive. Your employer has asked you not
attend any further meeting even on your own time. Which charter sections might this request
offend?
1. Section 2(b) of the Canadian Charter of Rights and Freedoms may apply to the situation where the police tell you to disperse during a peaceful demonstration.
Section 2(b) of the Canadian Charter of Rights and Freedoms guarantees freedom of expression, which includes the right to peaceful assembly and protest. In the given situation, where the police instruct you to disperse during a peaceful demonstration, Section 2(b) would be relevant as it protects your right to express your opinions and engage in peaceful protests.
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the statute of script means a contract must be in writing .
True / False
The statement "the statute of script means a contract must be in writing" is False. The correct term is "Statute of Frauds," which requires certain types of contracts to be in writing to be enforceable.
This law is intended to prevent fraud and misunderstandings between parties when dealing with certain types of agreements.The Statute of Frauds requires contracts for the sale of real property, contracts that cannot be completed within one year, contracts for the sale of goods over a certain value, and agreements to pay someone else's debts to be in writing. Without a written agreement, these types of contracts are unenforceable in court. It is important to note that not all contracts must be in writing. Verbal agreements can still be legally binding, but it is more difficult to prove the terms of the agreement in court without a written record.Contract law is an important area of business and commerce. It is essential to understand the legal requirements surrounding contracts to avoid disputes and protect your interests.
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research has revealed that society's reaction to lawbreaking has often been
Research has revealed that society's reaction to lawbreaking has often been shaped by a variety of factors such as the nature of the offense, the identity of the offender, the victim's characteristics, and societal norms.
The way society responds to lawbreaking is critical because it impacts how people perceive justice and can influence future offending behavior. In some cases, society's response may be punitive and punitive, whereas in others, it may be restorative and focused on rehabilitation.The society's reaction to lawbreaking has often been guided by the legal system. Legal officials have a duty to uphold the law and ensure that those who break it are punished appropriately. This may include fines, imprisonment, or other forms of punishment designed to deter future offending.However, the society's reaction to lawbreaking is not limited to legal officials. Members of society also have a role to play in shaping how lawbreakers are perceived and treated. For example, some societies may be more lenient towards those who commit certain types of offenses, such as drug offenses or traffic violations. Conversely, other societies may be more punitive towards these same offenses, resulting in harsher punishment.
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the law of debtors and creditors 7th edition problem set answers
In re Alpha Natural Resources, Inc. established the rule of law that a debtor in possession can reject a collective-bargaining agreement under 11 U.S.C. § 1113 if it is burdensome and necessary for reorganization.
How is this so?The debtor must provide notice and opportunity to bargain in good faith.
The court authorized the Alpha companies to reject the agreements, enabling debtors to restructure and emerge from bankruptcy while alleviating burdensome contractual obligations.
Note that Rule of law in this context refers to the legal principle that allows a debtor to reject burdensome agreements during bankruptcy proceedings.
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Full Question:
Although part of your question is missing, you might be referring to this full question:
In re Alpha Natural Resources, Inc. 552 B.R. 314 (2016)
In re Alpha Natural Resources, Inc.
United States Bankruptcy Court for the Eastern District of Virginia
552 B.R. 314 (2016)
Facts
Alpha Natural Resources and its subsidiaries (Alpha companies) (debtors) were major US coal producers. After the price of coal declined significantly due to decreasing demand, the Alpha companies filed voluntary petitions for relief under chapter 11. The price of coal continued to decline, and the Alpha companies suffered substantial postpetition losses. Despite the companies’ financial troubles, the companies’ unionized workers were protected by their collective-bargaining agreements. Among other things, the agreements required the Alpha companies to make payments to United Mine Workers of America (UMWA) funds for the benefit of retired union members. In February 2016, the Alpha companies asked the bankruptcy court to authorize a going-concern sale of the companies’ core assets under 11 U.S.C. § 363. The companies’ prepetition lenders served as the initial stalking horse bidder for the assets and agreed to bid $500 million. The lenders refused to close the sale unless they could receive the assets free of the Alpha companies’ obligations to pay retiree benefits under the Coal Industry Retiree Health Benefit Act and free of the companies’ obligations to the UMWA funds under the collective-bargaining agreements. Because the agreements contained successorship provisions that would otherwise bind the lenders to these obligations, the provisions needed to be waived by the union or rejected by the Alpha companies to make the sale to the lenders. After negotiations with the union were unsuccessful, the Alpha companies moved for an order authorizing them to reject the collective-bargaining agreements under 11 U.S.C. § 1113 and to modify retiree benefits under 11 U.S.C. § 1114. The union objected.
Question:
What was the rule of law?
which of the statements is true regarding the london metropolitan police?
The statement that is true regarding the London Metropolitan Police is
They were a full-time, paid, uniformed police agency.
What is the metropolitan police?In some terms, The Metropolitan Police is a very big police force. It is in charge of all the areas in London, including the 32 boroughs and other parts of Greater London.
So, Police: The Met keeps things safe and controlled in London. They stop and look into crimes to protect the people who live and visit there.
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acts of vigilantism violating the law to enforce the law is____
The acts of vigilantism violating the law to enforce the law are illegal and unacceptable.
Vigilantism refers to the act of taking the law into one's hands rather than relying on the police or other law enforcement agencies. This act of vigilantism can be committed by individuals or groups that feel that the government or the police are unable to uphold the law. Vigilante justice is often based on a lack of trust in the legal system and a desire to take matters into one's own hands.
This can be harmful and can lead to an escalation of violence and vigilantism. The act of vigilantism is dangerous as it can lead to the use of excessive force and result in unnecessary harm or death. It can also lead to mob justice, where the innocent are punished for crimes they did not commit. It is important to remember that the law is there to protect individuals and punish those who violate it.
Therefore, it is essential to follow legal channels when seeking justice and not to take the law into one's own hands. Vigilantism is a crime and goes against the principles of justice and fairness. It is vital to work within the legal system to bring about change and uphold the law.
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Angela brought an action against Pamela in Provincial Court (Civil). A mediation was scheduled for their matter. Pursuant to the Mediation Rules of the Provincial Court - Civil Division, Alta Reg 271/1997, Angela would be able to do which of the following? Select one: O a. Bring their partner with them to the mediation as long as the mediation co-ordinator consents. O b. Bring an agent with her to the mediation. O c. Have her lawyer attend in place of her. O d. Not show up at the mediation.
she cannot bring her partner without the mediator's consent
Angela, who filed a civil action against Pamela in Provincial Court, is allowed to bring an agent or lawyer with her to the mediation as per the Mediation Rules of the Provincial Court - Civil Division, Alta Reg 271/1997. However, .
Mediation is a process used to resolve a legal dispute where both parties come together with a mediator to reach an agreement. In Angela's case, since her dispute is being dealt with in Provincial Court, the Mediation Rules of the Provincial Court - Civil Division, Alta Reg 271/1997, will apply. According to these rules, Angela can bring an agent who will act on her behalf during the mediation. This agent can be someone Angela trusts to make decisions for her or provide legal advice.
Alternatively, Angela can attend the mediation personally and have her lawyer represent her instead if she does not want to attend.
However, Angela cannot simply bring her partner with her to the mediation. She needs to get the mediator's consent before doing so. The mediator's decision will depend on various factors, including the nature of the dispute and the role Angela's partner would play during the mediation. It is important for Angela to follow the rules and procedures set out by the court so that the mediation process can be fair and effective.
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True or False.
Ignoring the fact that many of the last several tax laws were passed by Congress using the unconventional means of the Budget Reconciliation process, the Constitution provides that all revenue-raising bills must originate in the Finance Committee of the United States Senate.
The statement "the Constitution provides that all revenue-raising bills must originate in the Finance Committee of the United States Senate" is False.
The Finance Committee in the U.S. Senate is responsible for holding hearings, making recommendations to the full Senate on tax policy, and reviewing other matters that involve finance or revenue.
However, it does not have the exclusive power to originate bills that raise revenue.As per the United States Constitution, revenue-raising bills can start in either the House of Representatives or the Senate, but they must be passed by both houses and signed by the President before they become law.
The Constitution does not specify which committee in the Senate should originate the bill, but rather it allows any senator to introduce a bill related to taxation, revenue, or finance in general.
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the economic role of the legal system might best be described as
Answer:
The economic role of the legal system might best be described as... establishing the "rules of the game" and acting as a referee when disputes arise among market participants. When an external cost exists in the production of a good, firms tend to... over-produce the good
True or False.
A "Procedural Regulation" is one in which Congress has delegated
its legislative powers to the Treasury Department.
False
Procedural Regulation is a type of administrative regulation that directs the methods or procedures by which agencies will carry out their responsibilities. It sets forth the processes that an agency must follow in order to comply with the law and accomplish its mission.
Congress does not delegate its legislative powers to the Treasury Department through Procedural Regulation. It only sets the framework for how the agency should operate within the confines of existing law.
marbury v. madison (1803) is an important case because the justices
Answer:
Marbury v. Madison (1803) is an important case because the justices established the principle of judicial review, which gives the Supreme Court the power to declare acts of Congress unconstitutional.
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Marbury v. Madison is significant because it created judicial review authority for the U.S. Supreme Court, lower federal courts, and subsequently counterpart state courts with regard to state constitutions.
The theory of judicial review was originally established in the case Marbury v. Madison, in which the U.S. Supreme Court first deemed a congressional act unlawful on February 24, 1803. John Marshall, the Chief Justice of the court, penned the opinion, which is regarded as one of the cornerstones of American constitutional law.
The chief justice acknowledged the problem the case presented to the court. Jefferson could simply disregard the writ of mandamus if the court issued it since the court lacked the authority to implement it.
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Litigation Decision
1
Sarah Gable is the President of Gable's Department Store. Last year Jeremiah Walls, a 35 year-old man, fell on the ice in the Gable department store parking lot. Walls, who hurt his wrist and fractured his ankle in the accident, has brought a suit against Gable's. Of course, Sarah Gable would like to settle out of court and hence has initiated discussion with Walls' counsel. However, Gable is willing to go to trial if Walls' attorney is unreasonable. The first step of the process is a summary judgment in which the judge will decide whether to hear the case. It will cost Gable $3,000 in attorney fees to prepare for summary judgment, and she estimates that there is 90% chance that the judge will decide to hear the case and a 10% chance that the case will be dismissed. If the case is heard, Gable's best guess is that there's a 2-in-3 chance that Walls will win, with an expected award of $50,000. A court trial will cost Gable another $10,000 in lawyer's fees. a) Assume that Gable makes her decisions on the basis of expected value. What is the most she would be willing to pay to avoid going to trial? b) If Walls wins, Gable may appeal the decision. There is a 25% chance that the judge will hear the appeal. If the judge hears an appeal, there is a 90% chance that Walls will win, with the same expected award of $50,000. If Gable appeals, additional attorney fees will be $2,000, with an additional $5,000 if the appeal is heard. If Walls wins, should Gable appeal?
a) Based on expected value, Gable would be willing to pay up to $27,500 to avoid going to trial.
To calculate the expected value, we need to consider the probabilities and outcomes at each stage of the litigation process.
The first step is the summary judgment, where there is a 90% chance the judge will decide to hear the case (0.9) and a 10% chance the case will be dismissed (0.1). If the case is heard, there is a 2-in-3 chance that Walls will win (2/3), with an expected award of $50,000.
So the expected value of going to trial is:
(0.9 * (2/3) * $50,000) - ($10,000 + $3,000) = $20,000 - $13,000 = $7,000.
Therefore, Gable would be willing to pay up to the expected value of going to trial, which is $7,000, to avoid going to trial.
b) If Walls wins, Gable should not appeal the decision.
To determine whether Gable should appeal, we need to calculate the expected value of appealing.
There is a 25% chance the judge will hear the appeal (0.25). If the appeal is heard, there is a 90% chance that Walls will win (0.9), with the same expected award of $50,000.
The expected value of appealing is:
(0.25 * 0.9 * $50,000) - ($2,000 + $5,000) = $11,250 - $7,000 = $4,250.
Since the expected value of appealing is positive ($4,250), Gable should appeal the decision if Walls wins. It means that the potential gain from winning the appeal outweighs the additional attorney fees.
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who is covered by the walsh-healey public contract act?
The Walsh-Healey Public Contract Act is a labor law that requires specific contract provisions for any federal government supply contract that exceeds $15,000 and for any contract for the manufacture or furnishing of goods that the government accepts for use or resale.
The law covers all contractors and subcontractors working on government contracts, as well as their employees. The law mandates contractors to pay their workers a minimum wage, which is determined by the Secretary of Labor. Contractors should provide safe and healthy working conditions. The working hours should not exceed eight hours per day or forty hours per week. Additionally, the act requires contractors to furnish the government with a certification indicating that they have not been subject to a wage and hour violation over the previous three years. Contractors are also required to certify that their employees do not work under oppressive working conditions. The law covers all contractors and subcontractors, regardless of their size or location, with a few limited exceptions. Furthermore, under the Walsh-Healey Public Contract Act, the Secretary of Labor is authorized to investigate contractors who are suspected of violating the law and to assess civil penalties against them if the allegations are found to be true.
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The major source of information on criminal victimization is called the ______
The major source of information on criminal victimization is called the National Crime Victimization Survey (NCVS). It is a yearly survey of Americans who have been victims of crime.
The National Crime Victimization Survey (NCVS) is the major source of information on criminal victimization. It is a survey of households in the United States that aims to collect information on the frequency, nature, and consequences of criminal victimization. The NCVS was created in 1972 by the Bureau of Justice Statistics (BJS) and has been conducted annually since then. The NCVS covers crimes that are not reported to law enforcement as well as crimes that are reported. It collects information on personal and household victimization, including information on the type of crime committed, the characteristics of the victim and offender, and the consequences of the crime.
The survey is designed to be representative of the U.S. population and is used to estimate the level and trends of criminal victimization across the country.The NCVS is an important tool for policymakers, law enforcement, and researchers who need accurate information on criminal victimization to develop and evaluate policies and programs aimed at reducing crime and helping victims. It is a valuable source of information on the prevalence and nature of crime in the United States.
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Write 2-3 sentences (around 50 words) in response to the prompt below.
1) How, in your opinion, should the incorporation clause and the citizenship clause be applied today?
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Based on the first sentence of section 1,1 the Court has held that a child born in the United States of Chinese parents who were ineligible to be naturalized themselves is nevertheless a citizen of the United States entitled to all the rights and privileges of citizenship.2 The requirement that a person be "subject to the jurisdiction thereof," however, excludes its application to children born of diplomatic representatives of a foreign state, children born of alien enemies in hostile occupation,3 or children of members of Indian tribes subject to tribal laws.4 In addition, the citizenship of children born on vessels in United States territorial waters or on the high seas has generally been held by the lower courts to be determined by the citizenship of the parents.5 Citizens of the United States within the meaning of this Amendment must be natural and not artificial persons; a corporate body is not a citizen of the United States.6
incorporation doctrine
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Overview
The incorporation doctrine is a constitutional doctrine through which the first ten amendments of the United States Constitution (known as the Bill of Rights) are made applicable to the states through the Due Process clause of the Fourteenth Amendment. Incorporation applies both substantively and procedurally. Prior to the doctrine's (and the Fourteenth Amendment's) existence, the Bill of Rights applied only to the Federal Government and to federal court cases. States and state courts could choose to adopt similar laws, but were under no obligation to do so.
After the passage of the Fourteenth Amendment, the Supreme Court favored a process called "selective incorporation." Under selective incorporation, the Supreme Court would incorporate certain parts of certain amendments, rather than incorporating an entire amendment at once.
Some argue that Privileges or Immunities Clause is a more appropriate textual basis than the due process clause for incorporation of the Bill of Rights but because Slaughter-House Cases dealing with this clause are surrounded by controversy this theory is not supported by the majority of the court.
As a note, the Ninth Amendment and the Tenth Amendment have not been incorporated, and it is unlikely that they ever will be. The text of the Tenth Amendment directly interacts with state law, and the Supreme Court rarely relies upon the Ninth Amendment when deciding cases.
The incorporation clause, as incorporated by the Fourteenth Amendment, applies the first ten amendments of the United States Constitution (Bill of Rights) to the states via the Due Process clause.
This clause applies substantively and procedurally, meaning the Supreme Court is supposed to incorporate certain parts of certain amendments and not an entire amendment at once.
The Citizenship Clause, on the other hand, specifies that all people born or naturalized in the United States and subject to the jurisdiction thereof are United States citizens and citizens of the State where they live.
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To establish res ipsa loquitur in negligence cases, the plaintiff must demonstrate that the: Multiple Choice
a. event was a kind that ordinarily does not occur in the absence of negligence.
b. indicated negligence is not within the scope of the defendant's duty to the plaintiff.
c. defendant could not reasonably foresee that his or her actions would couse the harm that piaintiff suffered.
d. damage or injury would have occurred even if the defendant had fulfilled his of her duty.
To establish res ipsa loquitur in negligence cases, the plaintiff must demonstrate that the event was a kind that ordinarily does not occur in the absence of negligence.
Res ipsa loquitur is a doctrine used to relieve plaintiffs of the burden of evidence of negligence in certain negligence cases. It is based on the idea that certain incidents are so clearly attributable to a defendant's negligence that no further explanation is necessary.The plaintiff must demonstrate that the event was a kind that ordinarily does not occur in the absence of negligence to establish res ipsa loquitur in negligence cases. The doctrine is only applicable when the plaintiff cannot establish the actual cause of the event or when the defendant had sole control over the instrumentality that caused the event. The defendant must have a duty to the plaintiff, and the negligence must be within the scope of that duty.The event that caused the plaintiff's injury or harm must be unusual or uncommon and not expected to occur in the absence of negligence. The harm must be caused by the defendant's act of negligence, and the defendant must have had exclusive control over the instrumentality that caused the harm. Finally, it must be shown that the plaintiff was not responsible for the harm or injury.The res ipsa loquitur doctrine places the burden of proof on the defendant to prove that they were not negligent, rather than the plaintiff to prove that the defendant was negligent.To establish res ipsa loquitur in negligence cases, the plaintiff must demonstrate that the event was a kind that ordinarily does not occur in the absence of negligence.
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the policy of the roosevelt corollary is best seen in
The Roosevelt Corollary to the Monroe Doctrine, which asserted that the US would intervene in the domestic affairs of countries in the Americas if they were unable to pay their debts to European creditors, is best seen in how it resulted in numerous US interventions in Latin America.
This policy enabled the US to make use of military force to protect its economic interests in the region, allowing it to intervene and exert its influence over a variety of nations. American content loaded the policy of the Roosevelt Corollary is best seen in how it helped the US to solidify its position as a world power.
At the time, the US had already established a strong economy and an efficient military, but its global status was still up for debate. By exerting its authority over nations in the Americas, the US was able to demonstrate to other world powers that it was capable of projecting its power far beyond its own borders.
Furthermore, the Roosevelt Corollary helped to establish the US as the dominant force in Latin America, with nations like Panama, Nicaragua, and Honduras all falling under American influence in the early 20th century.
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