In contrast to implied powers, which can be logically assumed through the expressed powers, expressed powers are those that are directly provided to the federal government by the Constitution. Because the national government is a country in a world of other nations, it has inherent powers.
What is meant by Expressed Powers?The federal government is specifically given delegated powers in Article I, Section 8 of the Constitution (also known as enumerated or expressed powers). The ability to coin money, control commerce, declare war, assemble and maintain an armed force, and establish a post office are all included in this.In contrast to implied powers, which can be logically assumed through the expressed powers, expressed powers are those that are directly provided to the federal government by the Constitution. Because the national government is a country in a world of other nations, it has inherent powers.Enumerated powers, also referred to as expressed powers, are granted expressly by the Constitution.To learn more about Expressed Powers, refer to:
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This assignment is a written essay containing 500 words covering the topic below. The essay must be at least 500 words or more and written in proper APA format. This will require a cover page, body narrative, and a reference page. NOTE: The cover page and the reference page DO NOT count towards the 500 words. Remember this is APA only, it must contain in-text citations and properly cited references. DO NOT use wikipedia, no new articles, news agencies, no news channels, or magazines. These are not credible sources. Make sure the question is answered completely. You can use the book as a reference and other reliable sources.
Your completed assignment will be uploaded through canvas. Also, please do not use Essay Chapter 4 as part of your title. It is recommended that you create your own essay title. Something that you create out of your own words and thoughts.
Topic:
A man and his wife leave a nightclub and are confronted by a robber wielding a knife as they reach their car. The robber threatens to kill them if they do not give him all their money and jewelry. The husband assures the robber that he left his wallet in the car. The robber tells him to retrieve the wallet, but to be careful because he will kill the man’s wife if he tries any tricks. The man actually retrieves a loaded pistol; turns and fires the weapon; killing the suspect.
Question:
What charges will be filed against the man, if any? Does the husband rely on lawful use of force? Why? Why not?
Answer:
Title: The Legality of Using Deadly Force in Self-Defense: A Case Study
In the scenario presented, a man and his wife were confronted by a robber wielding a knife as they reached their car. The robber threatened to kill them if they did not hand over all their money and jewelry. The husband then retrieved a loaded pistol, turned and fired the weapon, killing the suspect. The question now is what charges will be filed against the man, if any, and whether the husband relied on lawful use of force.
In most jurisdictions, the use of deadly force is justified only when it is necessary to prevent imminent death or great bodily harm to oneself or another person. In this case, the husband could argue that he used deadly force to protect himself and his wife from the robber who was armed with a knife and had threatened to kill them. However, the use of deadly force is not justified if the attacker no longer poses an imminent threat, and the use of non-lethal force or retreat would be a reasonable option.
Moreover, the husband's use of deadly force may also be justified under the "castle doctrine," which allows individuals to use deadly force to protect themselves and their property against intruders in their own homes. However, in this case, the incident occurred outside of the couple's car, which is not considered their home, and the use of deadly force may not be justified under this doctrine.
Depending on the state, the husband may be required to retreat or use non-lethal force if he can do so safely, instead of using deadly force. However, in some states, such as the "stand your ground" states, individuals have no duty to retreat and may use deadly force if they reasonably believe it is necessary to prevent imminent death or great bodily harm.
Therefore, the legality of the husband's use of deadly force in this case depends on the specific laws and circumstances of the jurisdiction where the incident occurred. If the use of deadly force is deemed lawful, then no charges will be filed against the husband. However, if the use of deadly force is not justified under the law, then the husband may be charged with various criminal offenses, such as manslaughter or murder.
In conclusion, the legality of using deadly force in self-defense is a complex issue that depends on the specific laws and circumstances of the jurisdiction where the incident occurred. In this case, the husband could argue that he used deadly force to protect himself and his wife from the robber who was armed with a knife and had threatened to kill them. However, whether the husband relied on lawful use of force depends on the specific laws and circumstances of the jurisdiction where the incident occurred.
according to hamilton, would it be wise to require judges to be reappointed after a term in office?
2. why would a paralegal who specializes in one legal field be at a greater risk for unauthorized practice of law?
Answer:
Answer Below ↓
Explanation:
The paralegal that specializes in one legal field will generally have more knowledge than other attorneys who never or occasionally practice in that area.
Give three ways in which the stereotypical views of gender could negatively affect progressive growth of society
Answer:
Explanation:
Limiting opportunities: Stereotypical views of gender can limit opportunities for individuals based on their gender, rather than their abilities or interests. For example, if society believes that women are better suited for certain roles, such as caregiving or administrative work, then women may be overlooked for leadership or technical roles, even if they have the necessary skills and experience.
Reinforcing biases: Stereotypes can reinforce biases and discriminatory attitudes towards certain genders, perpetuating inequality and hindering progress. For instance, if society views women as emotional and irrational, they may be less likely to be taken seriously in professional settings, or be given less responsibility and authority.
Restricting self-expression: Stereotypical views of gender can also restrict self-expression and limit individuals' ability to express themselves freely. For example, men may feel pressured to conform to traditional notions of masculinity, which can limit their ability to express their emotions or pursue interests that are seen as "feminine." Similarly, women may be discouraged from pursuing careers in fields that are seen as "masculine," such as engineering or technology, due to societal expectations of gender roles. Such limitations can prevent individuals from fully exploring their potential and contributing to society in meaningful ways.
Module 2 Discussion Post
What are the differences between conventional search warrants (directed toward
gathering evidence for a criminal prosecution), administrative search warrants, and
special needs searches?
Conventional search warrants are issued by a judge or magistrate in the context of a criminal investigation, and they authorize law enforcement officers to search a specific location or person for evidence related to a suspected crime.
Administrative search warrants are similar to conventional search warrants in that they authorize a search for evidence, but they are used in a different context.
What are warrants ?The purpose of a conventional search warrant is to gather evidence for use in a criminal prosecution, and it must be based on probable cause that a crime has been committed and that evidence of that crime will be found in the place to be searched.
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An amendment based on an idea proposed by James Madison in 1789 was enacted in 1992. This amendment relates to which of the following?
A. congressional pay raises
B. expulsion from Congress
C. gerrymandering
D. incumbency
the _______ of the governed refers to the idea that a government's legitimacy and moral right to use state power is justified and lawful only when consented to by the people or society over which that political power is exercised.
The consent of the governed refers to the idea that a government's legitimacy and moral right to use state power is justified and lawful only when consented to by the people or society over which that political power is exercised.
This concept is a key principle of democracy and is rooted in the idea that governments are created by and for the people.
Without the consent of the governed, a government cannot legitimately exercise power over its citizens. This consent can be given through various means, such as voting in elections or agreeing to a social contract.
It is important for governments to maintain the consent of the governed in order to remain legitimate and maintain their authority.
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Which of these is NOT one of the top 9 driving offenses?
driving under the influence
passing in a "no pass" zone
not turning in a "turn only" lane
not stopping for pedestrians
Option (c), One of the top nine traffic infractions is NOT turning in a "turn only" lane.
Which lane should you be in when making a turn?You should make your turn from of the lane that really is closest to the direction you wish to go and into the one that is closest to the one you came from if there are no signs or lane markings that prohibit turning. You will just need to cross a small number of lanes of traffic.
Most traffic violations fall under what category?Most driving-related offenses fall under the category of infractions (also called "violations" or "civil infractions"). The least serious traffic offense is a traffic infraction, which is often defined as an act or omission that is illegal but is not a crime. Examples of frequent violations include speeding.
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2. Explain the application of natural justice in administrative law using it two main principles.
Nemo judex en causa sua and the second principle. The prohibition against bias states that no one should be allowed to assess his own case. "Audi alteram partem" (hear the other party) signifies that no one should be condemned without being heard.
What is natural justice?A person must be given a fair and impartial hearing before a decision that could adversely impact them is made, according to the principles of natural justice. Natural justice's three fundamental tenets—adequate notice, a fair hearing, and impartiality—must all be upheld in every case. relates to the underlying, core ideas of justice. These values include the obligations to provide a person with a fair hearing, to make sure an impartial party decides the case, and to permit an appeal of a judgment. for a complete definition Minimise. Three concepts of natural justice are recognized: Nemo was judged for your sake. Changes in Audi are made. Spoken directives or a thoughtful choice.To learn more about natural justice, refer to:
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if mary wants to file in state court, in which state or states is jurisdiction proper? explain. be sure to address the two most obvious possibilities and state whether jurisdiction is proper there.
Answer: Your welcome!
Explanation:
Mary would have proper jurisdiction to file in the state where the incident occurred, as well as the state where she currently resides. If the incident occurred in the same state as where Mary currently resides, then jurisdiction would be proper in that state. However, if the incident occurred in a different state than where Mary currently resides, then jurisdiction would be proper in both states. In either case, Mary would have the option to file in either state court. as the other party is a resident of that state. In either case, Mary must also ensure that the court she is filing in has the authority to hear the case.
Jurisdiction is proper in the state where Mary resides or in the state where the defendant resides. In order to file a lawsuit in state court, the court must have jurisdiction over the parties involved and the subject matter of the case.
The first possibility is that jurisdiction is proper in the state where Mary resides. This is known as personal jurisdiction, and it is based on the idea that a state has authority over its residents. Therefore, if Mary is a resident of a particular state, she can file a lawsuit in that state's courts.
The second possibility is that jurisdiction is proper in the state where the defendant resides. This is also based on the idea of personal jurisdiction, but in this case it is the defendant's residency that is important. If the defendant is a resident of a particular state, Mary can file a lawsuit in that state's courts.
In conclusion, jurisdiction is proper in the state where Mary resides or in the state where the defendant resides. These are the two most obvious possibilities for where jurisdiction is proper in a state court case.
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Choose an organization you are familiar with and critically evaluate effect of its hierarchical nature and Bureaucratic structures on the performance?
A bureaucratic organization is distinguished by a well-organized hierarchy that operates with great formality.
What exactly is organization?
Organizations include a neighborhood association, a charity, a labor union, and a corporation. A group or a business can be referred to as an organization, as can the act of forming or establishing something. NGOs, governments, educational institutions, political organizations, and international organizations are all legal entities. The correct spelling in the United States is organization. When writing for an American audience, spell this word with a z rather than an s. An organization type is a system that describes how activities within an organization take place in order to achieve the company's goals. These activities include the company's policies as well as each employee's specific roles and responsibilities.
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Which system was emerged after the collapse of Roman rule?
The feudal system emerged after the collapse of Roman rule
After being injured, you meet with a lawyer who agrees to accept your case. She charges $200/hour and asks you to make a $2,000 payment upfront, which will be used for the first 10 hours of work. This $2,000 payment is known as a:
Payment charged by the lawyer to solve your accidental case is known as a retainer fee.
What is Retainer Fee?A retainer fee is an advanced payment upfront provided by a client to secure the services and time of a professional.
The amount of retainer fees vary depending on the type and scope of work a client and professional agree to do. Once a client pays the retainer amount, that money is placed in a separate account and the professional or company will then “bill against that amount” as they work on the written agreement matter at hand.
Therefore, This payment is known as a retainer fee.
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State three gender stereotypes associated with males who do work traditionally associated with females
Answer:
1. That men can't be nurturing or caring - This is the idea that men do not have the same natural ability to nurture and care for others, especially compared to women.
2. That men are weaker than women - This is the false notion that men are not as strong or capable of working hard as women.
3. That men can't handle domestic tasks - This is the belief that men are unable to successfully complete tasks traditionally associated with homemaking, such as cooking and cleaning.
Why is it important to distinguish between an interview and an interrogation? (1 Point) a. Numerous legal standards and guidelines apply in interrogations. b. There is no real difference. c. Interviews are intended to elicit confessions. d. Interrogations result in convictions.
It is very important to distinguish between an interview and an interrogation because numerous legal standards and guidelines are apply in interrogations. The Option A is correct.
How do we distinguish between an interview and an interrogation?Although both interviews and interrogations seek information, the interview is a more informal procedure, whereas the interrogation involves formally questioning a person who has information about a suspected crime. For instance, an Arson investigators must conduct interviews in order to accurately recreate the fire under investigation.
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Freddy carries his books and school supplies in a large backpack. The hallways at Freddy’s school are always very crowded. One day, Freddy turns around quickly to talk to a friend, and a sharp pencil that is sticking out of his backpack gouges Lorraine in the eye. Lorraine ends up losing the use of her eye. If Lorraine sues Freddy in a negligence action, the standard the court will use to determine whether Freddy is liable is
In a negligence action, the court will use the standard of reasonable care to determine whether Freddy is liable for Lorraine's injury.
What does the standard require?This standard requires that a person exercise the level of care that a reasonable and prudent person would exercise in similar circumstances.
In this case, the court will consider whether Freddy's actions were reasonable under the circumstances.
The fact that Freddy was carrying a backpack with a sharp pencil sticking out of it in a crowded hallway may be considered by the court as evidence that Freddy did not exercise reasonable care.
Freddy's failure to notice the sharp pencil or take steps to prevent it from causing harm could be viewed as a breach of his duty of care towards others who might be affected by his actions.
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Where is it not appropriate to not pass a moving vehicle
Answer: It is not appropriate to not pass a moving vehicle in the following situations:
When driving on a two-lane road with solid double yellow lines. These lines indicate that passing is not allowed in either direction.
When approaching a hill, curve, or any other place where visibility is limited. It is important to have a clear view of the road ahead before attempting to pass another vehicle.
When approaching an intersection or a railroad crossing. Passing another vehicle in these areas can be dangerous and may lead to collisions with other vehicles.
When driving in adverse weather conditions, such as rain, snow, or fog. These conditions can make it difficult to see other vehicles on the road and may increase the risk of accidents.
When driving in a school zone or in areas where there are pedestrians. It is important to drive cautiously and avoid passing other vehicles to ensure the safety of pedestrians and other drivers on the road.
Explanation:
can a texas appeals jude be impeached?
Answer: The House can impeach a judge with a simple majority vote. However, a judge may only be removed from office following a trial and a vote to convict by a two-thirds majority of the Senate.
Explanation: I know I'm correct trust me.
What were not among the charges launched against Alan Freed regarding the Payola Scandal?A. Commercial Bribery (29 Counts) B. Tax Evasion (1960) C. Tax Evasion (1964) D. Violating racial segregation laws (written in the code of law) by promoting integration at his Rock 'n' Roll parties
Among the charges launched against Alan Freed regarding the Payola Scandal, the one that was not included was D.) Violating racial segregation laws (written in the code of law) by promoting integration at his Rock 'n' Roll parties.
The Payola Scandal was a major event in the music industry in the late 1950s and early 1960s, in which record companies and music promoters were accused of paying radio DJs to play certain songs in order to increase their popularity and sales.
Alan Freed, a popular DJ at the time, was one of the main targets of the investigation.
Hence Option D is correct.
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Which of these statements is true for both the House of Representatives and the Senate?
A. Members get allowances to visit their states.
B. Members must be at least 30 years old.
C. Members represent a particular district.
D. Population dictates the number of members.
Answer:
B. Members must be at least 30 years old.
Explanation:
This is because the Constitution requires that Senators be at least 30 years old and Representatives be at least 25 years old.
it means that the punishment must fit the crime?
Answer:
The answer to the punishment fitting the crime is retributive justice.
Explanation:
What are examples of retributive justice?Examples of retributive justice are fining someone for littering. If retributive justice didn't exist, crimes as minor as littering or speeding could be subject to the death penalty or imprisonment. Retributive justice ensures the punishment matches the crime in fairness and proportionality.
Is hacktivism a crime or morally justifiable?
All of the following are similarities between interviews and interrogations except (1 Point) a.The purpose of the discussion is similar for both
b.Control of the surroundings is an important factor for both.
c. Asking good questions is important to the success of both.
d.Careful listening is important to the success of both.
The statement that is not a similarities between interviews and interrogations is: b. Control of the surroundings is an important factor for both.
What is the statement that is not a similarities between interviews and interrogations?While control of the surroundings can be important in some interviews or interrogations, it is not a similarity that applies to both types of discussions. Interviews and interrogations have different goals and objectives, and the level of control required over the surroundings can vary depending on the situation.
The other options are correct similarities between interviews and interrogations:
The purpose of the discussion is similar for both: to gather information and gain insights from the person being questioned.Asking good questions is important to the success of both: the questions asked need to be effective in eliciting the desired information.Careful listening is important to the success of both: the interviewer or interrogator needs to pay attention to the answers given and follow up with additional questions when necessary.Learn more about interviews and interrogations here:https://brainly.com/question/30694852
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how does the probable cause standard for arrests balance the privacy interests of the individual against the societal interest in criminal investigation and the apprehension of offenders?
The probable cause standard for arrests balances the privacy interests of the individual against the societal interest in criminal investigation and the apprehension of offenders by requiring that law enforcement officers have sufficient evidence or reasonable grounds to believe that a person has committed a crime before making an arrest.
This standard helps to protect the individual's right to privacy by preventing arbitrary or unjustified arrests, while also allowing law enforcement to investigate and apprehend those who have committed crimes in the interest of public safety.
By requiring probable cause, the standard strikes a balance between the individual's right to privacy and the need for effective law enforcement to protect society.
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what is the common element of every tort discussed in this chapter?
The common element of every tort discussed in this chapter is the presence of a duty, a breach of that duty, and harm resulting from that breach.
In tort law, a duty is a legal obligation that one person owes to another. A breach of that duty occurs when the person who owes the duty fails to fulfill their obligation. Harm is the damage or injury that results from the breach of duty.
For example, in the tort of negligence, the duty is to act with reasonable care to avoid causing harm to others. A breach of this duty could be driving recklessly or failing to maintain a safe premises. The harm would be the injuries or damages that result from the breach of duty.
In all torts, these three elements must be present for there to be a valid claim. Without a duty, there can be no breach; without a breach, there can be no harm; and without harm, there can be no claim for damages.
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1. how would you classify ford legal and moral responsibility and why?legally, was this intentional, reckless, negligent or a combination of the three?
Ford's legal responsibility depends on the specific facts of the case. Generally, Ford would be held liable for any intentional, reckless, or negligent actions taken by its employees or agents.
Intentional actions would involve an employee or agent intentionally acting in a way that causes harm (e.g. selling a defective product). Reckless actions would involve an employee or agent acting in a way that shows a disregard for the safety of others (e.g. selling a product without proper testing). Negligence would involve an employee or agent failing to exercise reasonable care while performing an act that results in harm (e.g. failing to properly inspect a product before selling it).
Ford's moral responsibility is to ensure that its products and services are of the highest quality and safety standards. Ford should take all necessary steps to ensure that its employees and agents act in a manner that prioritizes safety and quality assurance. This includes regularly training and monitoring employees and agents to ensure they are following proper safety protocols and quality standards.
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How does the virginia race to the 2000 presidential election? What are some similarities and what are some differences between them?
Virginia race to the 2000 presidential election as voters chose 13 representatives, or electors to the Electoral College, who voted for president and vice president.
What are some similarities and what are some differences between them?The similarities and differences between the 2000 election and other elections is that the 2000 election was very close. Even though Al Gore won the popular vote, the election was ultimately decided by the electoral votes of Florida. The election in Florida was decided by only 500 votes and was disputed because of problems with the voting machines.
Virginia had not gone Democratic in a presidential contest since 1964 and was won by Texas governor George W. Bush with a margin of victory of 8.04%.
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were these a success or failure in light of the original intent of the juvenile courts?
The United States established a separate juvenile justice system almost a century ago with the goal of diverting young offenders from the harsh punishments of criminal courts while rehabilitating them in accordance with their particular needs.
What exactly is justice defined as?
Giving everyone their due, or what is more commonly referred to as giving everyone what they deserve, is what justice implies. Today, people frequently use the terms justice and fairness interchangeably since they are comparable ideas. Justice and fairness are frequently linked. Nonetheless, despite the fact that practically everyone values justice, different people define it differently. For instance, social justice is the idea that everyone, regardless of color, gender, or religion, deserves the same opportunities in the economy, politics, and society.
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Freddy carries his books and school supplies in a large backpack. The hallways at Freddy’s school are always very crowded. One day, Freddy turns around quickly to talk to a friend, and a sharp pencil that is sticking out of his backpack gouges Lorraine in the eye. Lorraine ends up losing the use of her eye. If Lorraine sues Freddy in a negligence action, the standard the court will use to determine whether Freddy is liable is
The court will likely use the standard of negligence to determine whether Freddy is liable for Lorraine's injury.
What is being liable?Generally, Negligence is a legal concept that refers to a failure to take reasonable care to prevent harm to others. In order to establish negligence, the court will consider whether Freddy had a duty to exercise reasonable care to prevent harm to Lorraine, whether he breached that duty, whether his breach of duty caused Lorraine's injury, and whether Lorraine suffered damages as a result.
In this case, the court will consider whether Freddy had a duty to ensure that his backpack and its contents did not pose a risk of harm to others, whether his failure to secure the sharp pencil breached that duty, whether the pencil caused Lorraine's injury, and whether Lorraine suffered damages as a result.
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According to the neighbor principle,"a defendant owes a duty of care to anyone who might be reasonably affected by the defendant's conduct.what are the limits of the theory?
The neighbοur principle is restricted since it οnly applies tο risks and οutcοmes that are anticipated. It excludes unfοreseeable risks οr harms and dοes nοt impοse an absοlute duty οf care οn the defendant.
What is the neighbοur principle's underlying theοry?In what has cοme tο be knοwn as the "neighbοur principle," Stevensοn prοvided a thοrοugh understanding οf the ties giving birth tο a duty οf care: Yοu are required tο take all necessary care tο avοid dοing οr saying anything that might put yοur neighbοur in risk.
The "measured duty οf care" is the respοnsibility tο take "reasοnable steps" tο avοid οr lessen the risk οf physically injuring anοther land οccupant. Because the landοwner was nοt the οne whο actually caused the damage, a "measured duty οf care" is required.
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