sharice was working on a scaffolding 20 feet above the ground when she carelessly tossed her power drill to a co-worker. it fell to the ground and landed on gardner, a visitor to the construction site, injuring him. what category of tort is this? multiple choice intentional tort negligence strict liability no tort, because it was not intentional

A judge using precedent to arrive at an opinion means that they are considering and relying on previous legal decisions made by higher courts in similar cases.

A judge using precedent to arrive at an opinion means that they are considering and relying on previous legal decisions made by higher courts in similar cases.

Precedent refers to legal principles established by previous court decisions, which are binding on lower courts in similar cases.

Judges use precedent as a guide to ensure consistency in their rulings and to uphold the principle of stare decisis, which means to stand by things decided.

By examining how similar cases were resolved in the past, a judge can arrive at a well-reasoned decision that is in line with established legal principles.

This approach allows for greater predictability and stability in the legal system, as well as respect for the decisions of higher courts. In short, using precedent is an important tool for judges in interpreting the law and arriving at fair and just outcomes.

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There have been several instances in U.S. history when civil liberties and national security have come into conflict. One prominent example is the internment of Japanese Americans during World War II.

In 1942, President Franklin D. Roosevelt signed an executive order authorizing the forced relocation and internment of over 120,000 Japanese Americans, many of whom were U.S. citizens, on the basis of national security concerns. This decision was widely criticized for violating the civil liberties and constitutional rights of Japanese Americans.

The Supreme Court later upheld the constitutionality of the internment in the 1944 case of Korematsu v. United States, but this decision has since been widely criticized as a grave injustice. This example illustrates the difficult trade-offs that must be made between national security and civil liberties during times of crisis.
President Franklin D. Roosevelt signed Executive Order 9066 in 1942, which led to the forced relocation and internment of approximately 120,000 Japanese Americans living on the West Coast. This action was taken out of fear of potential espionage and sabotage, prioritizing national security concerns over the civil liberties of Japanese-American citizens.

The internment of Japanese Americans is now widely considered a violation of their civil liberties, and the U.S. government later apologized and provided reparations to the affected families.

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Examples of trade secrets that a software company might want to protect include:

Trade secrets are not protected by federal law like patents, copyrights, or trademarks. However, companies can still protect their trade secrets through various means:

References:

According to the National Se.xual Violence Resource Center, all the following are ways for a bystander to intervene in a sexual harassment situation, EXCEPT Do not confront the harasser directly.

Confronting the harasser directly could be dangerous for the bystander and may escalate the situation.

What yous should do instead is disrupt the situation. Create a distraction or finding a way to remove the victim fromn the scene.

Try not to  act alone and to seek help from others if possible, and to support the victim by listening to them

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When driving on an incline, hill start assist is activated when the vehicle is stopped on an incline or hill and the driver releases the brake pedal.

Hill start assist is a feature found in many modern vehicles, particularly those with automatic transmissions, that helps to prevent the vehicle from rolling backwards when starting on an incline.

The system works by  holding the brakes for a few seconds after the driver releases the brake pedal, this then gives  the driver time to move their foot to the accelerator pedal so as to apply power to the wheels.

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The use of river basins as the water management unit in Europe can sometimes give rise to legal and political issues.

One such issue is the question of cross-border cooperation and coordination. Since many rivers and water resources are shared by multiple countries, it is essential to ensure that all countries involved are on the same page regarding the management of these resources.

However, this can be challenging, particularly when countries have different legal systems and priorities.
Another issue that can arise is the conflicting demands for water resources. For instance, water is essential for agricultural activities, industrial uses, and domestic consumption, and there may be a lack of agreement on how to allocate water resources among these different sectors.

This can lead to tensions and disputes between stakeholders, including governments, private companies, and local communities.
Overall, while the use of river basins as the water management unit in Europe has many advantages, it can also give rise to legal and political issues that need to be addressed through effective cooperation, coordination, and regulation.

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Yes, obtaining signed statements from witnesses in their own handwriting is desirable in all cases, even routine ones. whenever there is a likelihood that is a witness may change statements in the courtroom whenever the witness may not be available to testify both b and c.

Note that the act of  obtaining signed statements from any kind of witnesses when they are fully aware or in their own handwriting is one that is needed in cases when there is a probability that the witness can alter statements in the courtroom or may not be willing to testify.

Therefore, in the above case, it is a tool that can helps to set up the credibility of the witness as well as be a tool that can be used as a form of evidence in court. Hence, both option B and C are correct.

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Narendra Modi is the current world leader who was banned from the United States for "particularly severe violations of religious freedom" until he took his current position in 2014. He is the Prime Minister of India. The ban was a result believed to be his alleged complicity in anti-Muslim pogroms, which was seen as a violation of religious freedom under US Immigration Law and History, while he was the Chief Minister of the state of Gujarat in 2002. Despite the ban, Modi was able to visit the United States in 2014 after being elected as India's Prime Minister.

This incident was a significant part of US Immigration Law and History, as it was believed that it reflected the country's efforts to uphold human rights and prevent individuals involved in human rights violations from entering the United States.

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The country known for its extreme orderliness and tidiness is: Japan.

Japan has a strong cultural emphasis on cleanliness and organization, which is reflected in various aspects of daily life. This can be attributed to several factors, including the influence of Shintoism, a native religion of Japan that emphasizes purity, as well as a deep-rooted sense of social responsibility among citizens.

Japanese society values discipline and respect, which translates into a strong adherence to cleanliness standards in public and private spaces. For example, it is common to see Japanese people meticulously sorting their trash for recycling, sweeping the streets in front of their homes, and even wiping down their electronic devices.

The Japanese education system also plays a vital role in instilling these values, with students often being responsible for cleaning their classrooms and school grounds.

In addition to cleanliness, Japan is also known for its incredible efficiency and organization. The public transportation system, particularly the trains, is a prime example of this, as they are renowned for their punctuality and cleanliness.

Businesses and governmental organizations are similarly well-organized, contributing to the overall orderliness of the country.

In conclusion, Japan is the country most known for its orderliness and tidiness. This can be attributed to its cultural values, religious influence, and societal norms that prioritize cleanliness and organization in daily life. The combination of these factors has earned Japan a global reputation for being a remarkably clean and orderly nation.

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The court in Koch v. Norris Public Power District found that res ipsa loquitur applied to a downed power line because it satisfied the necessary criteria.

Firstly, the incident involving the downed power line was of a type that does not typically occur in the absence of negligence.

Secondly, the power line was under the exclusive control of Norris Public Power District, indicating that no other party could be responsible for the accident.

Lastly, the plaintiff, Koch, did not contribute to the cause of the downed power line.

These three conditions collectively led the court to conclude that res ipsa loquitur applied in this case, allowing the plaintiff to establish a prima facie case of negligence against the defendant.

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Non-compete Agreements (NCAs) are contracts between employers and employees, prohibiting the latter from working for competitors or establishing their own ventures within a specied period following their exit from the current employer.

Typically, NCAs are implemented to defend the employer's confidential data, trade secrets, customer accounts, and other proprietary material from being exploited by competition.

In regards to this measure, it has experienced criticism due to its influence on employee profession prospects and the unrestricted market. Objectors hold that restricted mobility of qualified workers impeded creativity and competition, as they are precluded from expressing their expertise and knowledge to different firms in the same area.

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Soldiers living in trenches during wartime are exposed to a multitude of problems that can have a severe impact on their physical and mental health.

Trenches were constructed as a means of protection from enemy fire, but they also created a hazardous living environment for soldiers. Some of the likely problems that soldiers may have to endure in trenches include:

1. Exposure to extreme weather conditions: Trenches were often located in areas with harsh weather conditions, and soldiers were exposed to extreme heat or cold, rain, snow, and mud. This exposure could lead to frostbite, hypothermia, or heat stroke.
2. Poor hygiene: The lack of running water, sanitation facilities, and overcrowding meant that soldiers living in trenches were exposed to diseases such as dysentery, typhoid fever, and trench foot. Inadequate hygiene could also lead to infestations of lice, rats, and other vermin.
3. Mental stress: The constant noise of gunfire, explosions, and the risk of being attacked at any moment can cause significant psychological stress on soldiers. This can lead to mental health issues such as anxiety, depression, and post-traumatic stress disorder (PTSD).
4. Lack of sleep: Soldiers living in trenches often had to stay alert for long periods, which meant that they were unable to get adequate sleep. This could lead to exhaustion, irritability, and a reduced ability to function effectively in battle.
5. Limited access to food and water: Soldiers living in trenches had limited access to food and water, which meant that they often suffered from malnutrition and dehydration.

Overall, soldiers living in trenches during wartime faced a wide range of problems that could have a severe impact on their physical and mental health.

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Yes, Arkansas accepts federal extensions for individual income tax filers.

When you file for a federal extension, it automatically grants you an extension for your Arkansas state income tax return as well. This means that you will have additional time, typically until October 15, to file your state tax return without incurring late filing penalties.

However, it is important to note that an extension only applies to the time allowed for filing the tax return, and not for paying any taxes due. If you anticipate owing taxes, you should still make an estimated tax payment by the original deadline, which is generally April 15, to avoid late payment penalties and interest charges.

To ensure proper processing of your federal extension, make sure to include your Social Security Number and check the appropriate box on your Arkansas state tax return, indicating that you have filed for a federal extension. Additionally, you should attach a copy of your approved federal extension, Form 4868, to your Arkansas tax return when you submit it.

In summary, Arkansas does accept federal extensions for individual taxpayers, allowing additional time for filing the state tax return. Remember to pay any estimated taxes due by the original deadline to avoid penalties and interest, and attach a copy of your federal extension to your state return when submitting it.

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The California middle-class tax refund card is a program that was proposed by Governor Gavin Newsom in early 2019.

The program was designed to provide a tax refund for middle-class families in California, who have been hit hard by rising housing costs, healthcare expenses, and other living expenses.
However, it is important to note that as of June 2021, there is no official California middle-class tax refund card. While the program was proposed by the Governor, it has not yet been implemented, and there is no indication that it will be implemented in the near future.
There are some websites and companies that claim to offer a California middle-class tax refund card, but it is important to be cautious of these offers, as they may be fraudulent.

It is always a good idea to check with the California Franchise Tax Board or a licensed tax professional to verify the legitimacy of any tax refund program.
In summary, while the concept of a California middle-class tax refund card has been proposed, there is currently no official program in place. It is important to exercise caution when considering any offers related to tax refunds and to verify the legitimacy of any program before participating.

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Realists tend to believe that states should only intervene if it is in their national interest, which may or may not include human rights concerns. Liberals, on the other hand, prioritize the principle of sovereignty and generally do not support intervention.

There are varying opinions among different schools of thought on whether or not states should intervene in cases of human rights violations.

Realists tend to believe that states should only intervene if it is in their national interest, which may or may not include human rights concerns.

Liberals, on the other hand, prioritize the principle of sovereignty and generally do not support intervention.

However, some liberals may support intervention in cases where democracy is threatened.

Overall, there is no one-size-fits-all answer to this question as it largely depends on the specific circumstances and beliefs of each individual or state.

If human rights violations occur:
a. Realists believe states should intervene if they find it in their national interest.
b. Liberals believe states should not intervene because of sovereignty.
c. Radicals believe there is no point in intervening because capitalism will cause such efforts to be unsuccessful.
d. Realists believe states should never intervene.
e. Liberals believe states should intervene only in cases where democracy is threatened.

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One important idea that was taken from the Magna Carta and included in the Constitution was the concept of limited government and the protection of individual rights.

The Magna Carta, signed in 1215, established the principle that the power of the monarchy should be subject to certain limitations and that individuals had certain fundamental rights that should be protected.

This idea was later incorporated into the US Constitution through the Bill of Rights, which guarantees such rights as freedom of speech, religion, and the press, as well as the right to a fair trial and protection against unreasonable searches and seizures.

Overall, the Magna Carta played an important role in shaping the principles of constitutional law and individual rights that continue to guide American democracy today.
The idea taken from the Magna Carta and included in the Constitution is the concept of "due process of law." This principle ensures that every person has the right to a fair and impartial trial and that no one can be deprived of life, liberty, or property without following proper legal procedures. This idea can be found in the Fifth and Fourteenth Amendments of the U.S. Constitution, which establish and protect the due process rights of individuals.

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The Magna Carta is an important historical document that established the rule of law and limited the power of the monarchy in England. One of the key principles of the Magna Carta was that everyone, including the king, was subject to the law. This idea of the rule of law and the limitation of government power was an important influence on the drafting of the United States Constitution.

One of the specific ideas taken from the Magna Carta and included in the Constitution was the concept of due process. The Fifth Amendment to the Constitution states that no person shall be deprived of life, liberty, or property without due process of law. This means that the government must follow established legal procedures when depriving someone of their rights or property.

Another idea from the Magna Carta that influenced the Constitution was the concept of trial by jury. The Seventh Amendment to the Constitution guarantees the right to a trial by jury in civil cases. This ensures that citizens have a fair and impartial trial, and that justice is not dependent on the whims of government officials.

Overall, the Magna Carta provided a foundation of principles that shaped the development of democracy and individual rights in Western societies. Its ideas have been incorporated into many modern legal systems, including that of the United States.

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Answer:

The ICS was created in response to the challenges faced during the wildfires in the 1970s. Without using the ICS structure, two similar problems that may occur with emergency response are:

Lack of coordination: Without a standardized structure for emergency response, different agencies and departments may not be able to coordinate their efforts effectively. This could result in duplication of efforts, confusion, and delays in response times. For example, in the absence of the ICS structure, firefighters from different departments may not be able to communicate with each other effectively, resulting in an inefficient use of resources.

Inadequate resource allocation: In the absence of the ICS structure, there may be no clear guidelines for resource allocation. This could result in resources being deployed to the wrong areas or in the wrong quantities. For example, without a standardized structure for resource allocation, there may be an overemphasis on certain resources such as fire engines, while other critical resources such as water supply or communication equipment may be overlooked.

Explanation:

Investigative teams and pertinent authorities are in charge of identifying any irregularities and recommending the best course of action in light of the results.

However, there have been claims of wrongdoing involving the Christie administration and Community Education Centres (CEC). The CEO of CEC was charged with corruption in 2015, and there were allegations of poor administration and control of the halfway house system in New Jersey that CEC oversees.

To maintain openness and accountability in the administration's connection with CEC and the administration of the state's halfway homes, investigations and relevant agencies should carefully evaluate these claims and take necessary measures based on the results.

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Answer:

If it was me i would choose to achieve fairness. please Mariam follow me to get more answer thanks

The Magna Carta, also known as the Great Charter, was a document signed by King John of England in 1215.

It was created to limit the power of the monarch and ensure the rights of the people. One of the most important ideas taken from the Magna Carta and included in the Constitution of the United States was the concept of due process.

This means that the government must follow certain procedures and treat individuals fairly when depriving them of life, liberty, or property. The Fifth and Fourteenth Amendments to the Constitution explicitly mention due process and guarantee it as a fundamental right to all citizens.

Additionally, the Magna Carta's influence on the idea of individual rights and the limitation of government power is seen throughout the Constitution and its amendments, such as the Bill of Rights.

Overall, the Magna Carta was a key precursor to the establishment of modern democracies and the protection of individual liberties.
The idea taken from the Magna Carta and included in the Constitution is the concept of "due process of law."

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Answer:

Intimate partner violence (IPV) and crimes against women are serious issues that have significant implications for the criminal justice system, including the police, the courts, and correctional services.

For the police, the implications may include a greater demand for training and resources to respond effectively to incidents of IPV and crimes against women. This includes specialized training in identifying and responding to domestic violence situations, as well as training on the psychological dynamics of power and control in abusive relationships. There may also be an increased need for collaboration with community organizations and other agencies to provide support to victims.

For the courts, the implications may include a need for specialized judges and court personnel who are knowledgeable about IPV and crimes against women, as well as the availability of specialized court programs, such as domestic violence courts or restorative justice programs, that can provide victims with greater support and protection. There may also be a need to ensure that victims are provided with appropriate legal and other support services to help them navigate the court system.

For correctional services, the implications may include a need for specialized training for correctional staff on the unique needs of female victims of IPV, as well as the development of specialized programming for incarcerated women who have experienced domestic violence. This may include trauma-informed therapy, anger management, and support for reintegration into the community.

Overall, addressing the issue of IPV and crimes against women will require a comprehensive, coordinated response from all sectors of the criminal justice system, as well as collaboration with community organizations and other agencies to provide support to victims and prevent future violence.

Answer:

Yes

Explanation:

A is liable for assault in this case. Assault is the intentional act of creating a reasonable fear of imminent physical harm, and here A has done so by striking out at B while they are within striking range. It does not matter whether B actually avoids contact, as the fear of imminent harm is enough to constitute an assault.

Answer:

Explanation:

In legal cases, the definition of "severe emotional distress" varies by jurisdiction, but it generally refers to a significant level of emotional suffering that exceeds the normal range of emotional responses to a particular situation. It is often defined as a level of emotional distress that is so intense and pervasive that it can cause physical symptoms or impair a person's ability to function in daily life. The severity of emotional distress is typically evaluated on a case-by-case basis and may be influenced by factors such as the nature of the harm, the duration of the distress, and the impact it has on the plaintiff's life.

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The Learned Hand risk calculus formula is a legal concept that aims to determine the level of reasonable care that a person or entity should exercise in a given situation.

It is named after Judge Learned Hand who first proposed the formula in the United States v. Carroll Towing Co. case in 1947.

The formula takes into account three factors: the probability of harm occurring, the gravity of the harm if it does occur, and the cost or burden of taking precautions to prevent the harm.

If the burden of taking precautions is less than the product of the probability of harm and the gravity of harm, then the party responsible for taking precautions has failed to exercise reasonable care.

The Learned Hand risk calculus formula is commonly used in negligence cases to determine whether a defendant's conduct fell below the standard of care expected of them.

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The most serious obstacle to the enforcement of clean water laws in China is the lack of effective enforcement and coordination among government agencies.

This issue is largely due to the following factors:

1. Fragmented regulatory framework: Multiple agencies are responsible for implementing clean water laws, leading to overlaps and conflicts in their duties. This results in a lack of clarity regarding who is responsible for specific tasks and creates a barrier to effective enforcement.
2. Limited resources and capacity: Government agencies responsible for enforcing clean water laws often have insufficient funding, personnel, and expertise. This hinders their ability to effectively monitor, inspect, and enforce regulations.
3. Lack of transparency and public participation: There is limited information available to the public regarding water pollution issues and enforcement actions. This makes it difficult for citizens to participate in the enforcement process and hold the government accountable for enforcing clean water laws.
4. Corruption and collusion: In some cases, local officials may be more interested in promoting economic growth than in enforcing environmental regulations. This can result in officials overlooking violations or colluding with polluters to evade regulations.

To overcome these obstacles, China needs to improve coordination among government agencies, increase resources and capacity for enforcement, promote transparency and public participation, and address corruption and collusion. By addressing these issues,

China can more effectively enforce its clean water laws and protect its water resources for future generations.

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The Biden administration wants TikTok's Chinese ownership to divest or sell its ownership stake to a US company or face a possible ban, as the White House hardens its stance on resolving national security concerns about the popular video service.

As the White House becomes more adamant about finding a solution to the national security issues regarding the popular video site, the Biden administration wants TikTok's Chinese management to divest or sell its ownership stake to a US corporation or face a potential ban.

This action is a component of a bigger initiative to safeguard user information for US users and halt foreign meddling in US social media and technology platforms.

WeChat and Alibaba's UC Browser are among the other Chinese-related apps that the government has mandated to be reviewed.

The Biden administration is toughening its stance on safeguarding the safety and privacy of its users from any hazards posed by the well-known video site and wants TikTok's Chinese ownership to address and resolve national security issues or face a potential ban.

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Based on the FBI's Uniform Crime Reports, the full number of arrests in the United States is said to have gown down from 12.2 million in 2012 to 10.5 million in 2017.

In course of the above same period, the amount of violent crime arrests is one that has lowered  from 1.3 million to 1.2 million, while property crime arrests is one that has also lowered from 8.4 million to 6.9 million.

On the other hand, in terms of the Bureau of Justice Statistics report, it has been shown that that the number of jail as well as prison inmates in the United States has gone up from 2.23 million in 2012 to about 2.32 million in 2017.

This thus shows that even with the decrease in the number of arrests, the number of inmates in regards to correctional facilities has risen.

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Answer:

C

Explanation:

lower courts generally only change rulings if a lower court made a mistake in the law or something else during the trial.

Mon Mothma served as chancellor in the fictional legislature known as the "New Republic Senate" in the Star Wars universe.

The New Republic Senate was the governing body responsible for making decisions on behalf of the citizens within the New Republic. Mon Mothma, a skilled politician and diplomat, played a crucial role in forming the New Republic following the defeat of the Galactic Empire.

As chancellor, Mon Mothma was responsible for guiding the Senate's decisions and ensuring the well-being of the New Republic.

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To use the legal defense of withdrawal in a charge of accomplice liability, a person must repudiate the criminal plan, alert law enforcement, or prevent the crime.

In the event that an individual is confronting a charge of assistant risk, they might utilize the legitimate protection of withdrawal by making specific moves, for example,

1. Repudiating the criminal plan or conspiracy: The individual must plainly and unequivocally renounce the arrangement to perpetrate the wrongdoing and impart their withdrawal to their co-schemers.

2. Alerting law enforcement: Individuals might caution against policing the crook plan or their contribution to it and help out experts in forestalling or tackling the wrongdoing.

3. Preventing the crime: The individual might do whatever it may take to keep the wrongdoing from happening, for example, informing the expected casualty or upsetting the crook plan.

By making these moves, the individual might have the option to utilize the legitimate protection of withdrawal to try not to be held at risk as an accessory to the wrongdoing.

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