Answer:
Only powers specifically given to the government are legal
Explanation:
What results from the federal system of government in the United States is that only powers specifically given to the government are legal
This is because the government of the United States of America is governed by the Constitution which is considered supreme and any power that is not specifically given by the constitution to the government is considered illegal.
In a wrongful death action for the death of his wife in an automobile accident, the plaintiff alleged that the accident was caused by a mudflap assembly that fell off the defendant's truck. The plaintiff wishes to introduce the testimony of a witness, another truck driver who was on the same highway at the time, who heard someone tell the defendant over CB radio that he had noticed at the truck stop that the defendant's mudflap assembly on his truck was loose. The witness does not know the identity of the person who gave the warning. Should the court admit the testimony
Answer: Yes. The court should admit the testimony.
Explanation:
Based on the information given, the court should admit the testimony in order to prove that the defendant was aware about the fact that the mudflap assembly was loose.
This can be infered from the information given from the testimony of
the witness, whom was another truck driver who was on the same highway at the time, as he heard someone tell the defendant over CB radio that he had noticed at the truck stop that the defendant's mudflap assembly on his truck was loose.
Find and summarise the case of National Director of Public Prosecutions v Botha (CCT 280/18) [2020] ZACC 06. Your summary must highlight the facts, legal question, the findings and decision of the court
Trial practice is dramatically different in Britain. The lawyers for the two sides, called solicitors, do not go into court. Courtroom work is done by different lawyers, called barristers. The barristers are not permitted to interview any witnesses before trial. They know the substance of what each witness intends to say but do not rehearse questions and answers, as in the United States. Which approach do you consider more effective
Answer:
The British approach appears to be more effective and even more efficient.
Explanation:
The British approach eliminates the tendency of lawyers to coach the witnesses to produce required answers. This means that using the British approach, witnesses are not properly prepared with correctly rehearsed answers to questions. The discovery of the case by both lawyers happens in the courtroom and not at a pretrial stage. With the British approach, courtroom lawyers are responsible for conducting the opening statement, direct examination of witnesses, closing statement, and cross-examination of witnesses.
On January 1, 2009, a comedian from State A filed a diversity action in State A federal court against an actor from State B. The lawsuit was brought based on alleged wrongful business torts that occurred on January 15, 2004. The comedian seeks $80,000 in compensatory damages. State A has a five-year statute of limitations for tort claims. On January 25, 2009, the actor, upset about the lawsuit, deliberately drove his car into the comedian's car. A week later, the comedian brought an intentional tort claim against the actor in her already filed lawsuit.
Required:
May the comedian add this additional intentional tort claim in a supplemental pleading to her already existing lawsuit against the actor?
Answer:
Yes.
Under Civil and Pretrial Procedures, the comedian may add the additional intentional tort claim as a supplemental pleading to her already existing lawsuit against the actor. Moreover, the supplemental pleading is very timely.
Explanation:
When the comedian sues the actor for an intentional tort, she needs to show that the actor, who caused the harm to the car, acted willfully and knowingly. That means the actor deliberately caused the damage to the car in an act of recklessness. Since the supplemental pleading for intentional tort is timely, the comedian simply needs to demonstrate that the actor caused the damage to the car on purpose, knowing fully well that his act would damage the car or cause some harm.
Ali and Bob graduated from Kenyatta University in 2010. Ali set up a mobile phone business in Nairobi. Bob established a poultry business in Kisumu. As part of his strategy to develop his business, Bob has contracted farmers who rear chicken and supply him with eggs which he sells in Nairobi. In January 2011, Bob expressed an intention to acquire several pieces of cell phones from Ali to be supplied to the farmers for ease of communication. Ali informed him that he could avail them for Ksh. 5,000 apiece. On 2nd February Bob did text Ali on his cell phone and stated that he would be willing to purchase the phones at the stated price. Ali’s phone was stolen just before the message was received. In the meantime, not having heard from Bob he sold the phones to Chali.
Advice Bob on the legal rights, if any, that he may have against Ali and Chali.
Discuss the remedies available where a breach of contract is proved.
Do you think that marriage is different than merely being in love? Having a romantic relationship may help reduce crime; if so, what happens when the couple breaks up? Does that increase the likelihood of criminal involvement?
Answer:
I don't think marriage is different than being in love because you want to spend the rest of your life with that person. But I think if the couple breaks up there will be a slight chance to increase the likelihood of criminal involvement because breaking up is an intense emotion to feel
Which of the following statement is true? a) Consideration need not be any particular value. b) Consideration should accord the deed of the person who is at the position to do it. c) Consideration may proceed the promise that the promise or promisor pass to each other. d) An act done at the desire of a third party is equal to consideration.
How does lack of sleep affect risk of injury?
A. It causes illness.
B. It causes distractions.
C. It interferes with motor responses.
• D. It interferes with hearing.
What have you learned about studying Convention on the Elimination of All Forms of Discrimination Against Women? Please help me on my report.
Ps. Ur own opinion pleaseeee.
Answer:
The Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) is an international treaty adopted in 1979 by the United Nations General Assembly.
Described as an international bill of rights for women, it was instituted on 3 September 1981 and has been ratified by 189 states.[1] Over fifty countries that have ratified the Convention have done so subject to certain declarations, reservations, and objections, including 38 countries who rejected the enforcement article 29, which addresses means of settlement for disputes concerning the interpretation or application of the Convention
What
are
the objectives of the
Industrial
pollution.
study
Answer:
High spatial resolution emissions
Integrated modelling
Health effects of air pollution
Assessment and quantification of health impacts
Distribution of welfare and challenges for the Nordic welfare systems
hich often means a more thoughtful presentation of ideas?
Answer:
no
Explanation:
roles of ethics on the national development show citation per page three page
18. Which technique provides a smooth transition from acceleration to braking? A. Skid braking B. Cover braking C. Squeeze braking D. Gentle braking
Answer:
D
Explanation:
when the car weight transfers to the front end, the nose of the car is pointing down. easing off the brake will the nose back up making the braking smooth.
Can it be said that: "Every act that causes damage to the legitimate interests of individuals and organizations in society is a violation of the law"? For example.
No
Explanation:
Depends on what you believe, more or less. In places where freedom of speech is allowed, then no, it's not a crime because you can say whatever you want. However, just because you can do something doesn't make it right. Not a lot of people seem to understand that.
WHAT IS THE PROCESS IN WHICH A PERSON OPENLY REJECTS SOMETHING HE OR SHE WANTS BUT CANNOT OBTAIN OR ACHIEVE
Answer:
Reaction formation!
Explanation:
:)))))))))
một hành vi có thể đồng thời là vi phạm pháp luật hình sự vừa là vi phạm pháp luật hành chính, nhưng không thể đồng thời vừa là vi phạm pháp luật hình sự vừa là vi phạm pháp luật dân sự
Đúng hay sai
Câu trả lời là có. Nhiều phiên tòa có thể vừa dân sự vừa hình sự. Ví dụ, một người cố ý giết người khác có thể bị buộc tội giết người tại tòa án hình sự và cũng có thể bị kiện dân sự về tội chết oan.
21. Who will be at fault if you hit a person getting out of a parked car? A. Nobody, because it is hard to see people getting out of cars. B. The person who wasn't careful and didn't see your car coming. C. You, which is why you should drive slowly and keep a lookout for doors opening or people getting out of cars. D. The city authorities for making city streets so difficult to drive.
Answer:
C
Explanation:
The general rule is that the driver that hits the parked car is at fault for hitting a parked car. The reason the driver is usually at fault is because the car was parked and not moving, so the parked car could move out of the way to avoid the accident.
On February 2019, Melinda applies and nominates herself for the prestigious North American Literary Prize. In June 2019, she wins the prize for her academic and literary works. The award comes with a $1,000,000 cash prize that Melinda then donates to the City of Denver. Melinda is not required to take any action after receiving the cash prize. Is Melinda required to include the cash award in Gross Income?
Answer:
Melinda is required to include the cash prize in the Gross Income.
Explanation:
Gross Income is the total payment in cash, goods and services that a person received before tax reductions, that is, it is the general value of everything that a person received in a given period of time, including wages, premiums, real estate, among other things . In this case, we can confirm that the cash prize received by Melinda must be included in her Gross Income, in addition, if she has received a prize with an economic value, she must also include this prize in the Gross Income, even if she has donated .
The penalties for a first-time DUI charge include imprisonment for __________.
A. 180 days
B. up to six months for a BAL of .08 to .15
C. up to one year if there is a minor in the vehicle
D. B and C
Answer:
i think its d which is b and c
How soon after the conviction for driving while intoxicated by alcohol or drugs shall it be reported to the FAA and to which division should this be reported to?
Answer:
Within 60 days to the civil aviation security division
Explanation:
You have to report to the security and hazardous materials safety office which is under the civil aviation security division. Anybody that is holding any certificates under part 61 has to give a written report of every motor vehicle action that has to do with alcohol or drug-related, to the security personnel's in faa no later than 60 days after this action was done.
what are the elements of access control
Answer: Identification: For access control to be effective, it must provide some way to identify an individual. ...
Authentication: Identification requires authentication. ...
Authorization: The set of actions allowed to a particular identity makes up the meat of authorization.
Explanation:
Based on the three elements of the contract intended to create a legal relationship, capacity and judgment, advise Sandhu if there is a prospect for him to recover the additional commission as promised. (15 marks)
Answer:
GHB Sdn Bhd and Sandhu
There is a remote prospect for Sandhu to recover the extra commission negotiated with Ahmad during golf.
1. One can conclude that the promise of extra commission was made under undue influence when Ahmad could have lacked the capacity to make a binding contract. In addition, at that time, Sandhu disclosed that the land was being sought after by many other parties as a way of piling unnecessary pressure on Ahmad.
2. There was no intention to create a legal relation because the additional commission represents a counter-offer. We were not told that Sandhu did the job based on this additional commission. Since the earlier offer was fully documented, this additional offer should have also followed the same process if the company intended it to be legal.
3. There is a lack of consideration to back this additional contract. In the first place, the main contract with Sandhu was made in view of his negotiation skills. So what is Sandhu expected to offer the company in exchange for the extra commission? There is absolutely no consideration from Sandhu.
Explanation:
GHB cannot be expected to promise 0.5% extra commission on a deal, which was equivalent to RM2 million, when an already executed contract for 3% commission had been reached, signed, and sealed. One can also claim that Ahmad, who suffered from occasional dementia, could have made the promise without the intention for it to be binding on his company but as a way of encouraging Sandhu to close the deal in favor of GHB. Was the deal closed because of the extra commission? Certainly not.
how does the criminal justice system deals with vulnerable groups such as lesbian, gay, bisexual, transgender, queer and intersex ( LGBTQI) community amongst others when they are victims of hate crimes
Answer:
depending on the country of justice system implementation we are talking about, some countries protect their rights as minorities while others prohibited the prevalence of such groups
Answer:by using the law
Explanation:
Discuss how you would address a gang problem in a high-crime neighborhood. What information would you need to combat the problem? Explain what groups you would partner with. What strategies might be relevant? Give your opinions and ideas and be specific and give examples.
Now that you have listened to the first chapter of Common Sense, what do you think of Paine's philosophy? Particularly, what do think about how he views the government? Do you think he is right or wrong, and why?
Which type of corrections are alternatives that fall between probation and a prison sentence?
Answer:
1. Fines
2.Restitution
3. Community service
4. Probation
5. House arrest
6. work release
Amanda and Kelly used to be friends after an argument with Amanda Kelly tell everyone at the galley middle school to me at the nearby park after school to watch her fight Amanda everyone at the school met at the park and watch Kelly fight and punched her over and over a student cause the police what do you think the consequences should be for Kelly
Answer:
Is this like a legit question
As permitted by state law, a large city in the state adopted an ordinance legalizing slot machines in shopping malls within the city. Several prominent city residents were upset by the new ordinance because gambling violates one of the main tenets of their religion. Seeking relief, the citizens contacted their representative in Congress and asked the representative to sponsor a bill making it illegal to place gambling machines in shopping malls throughout the country. The representative sponsored such a bill. Congress made a factual finding that the activity regulated has a substantial economic effect on interstate commerce and passed the statute. If the statute banning gambling machines in shopping malls is challenged on constitutional grounds by a proper plaintiff in federal court, would the court likely uphold the statute
the answer is going to be relief
Personal property generally does not convey in the sale of real property; however, sometimes the parties to the transaction agree to include some items of personal property in the sale. In an instance like this, the agent?
Answer: should identify in the contract which personal property items are to be included in the sale
Explanation:
Personal property refers to the class of property which has to do with an asset that's not a real estate.
Based on the situation given, in an instance like this, the agent should identify in the contract which personal property items are to be included in the sale.
A shopper brought suit in federal district court against a large retail store for negligence, as a result of the shopper having slipped and fallen in the store. The shopper alleged that the fall was caused by a wet floor. During discovery, the shopper requested production of a store surveillance video that showed her slip and fall. The retail store objected on the ground that the video constituted work product. The video was recorded in the ordinary course of business. The video was preserved, rather than recorded over, in anticipation that the slip and fall might eventuate in litigation. The shopper has moved to compel production of the videotape.
Should the court grant the shopper's motion to compel?
Answer:
The answer is "True".
Explanation:
Please find the complete question in the attached file.
In this question, the statement is true because the videotape is not a work item.
The Procedures of Civil Procedure are indeed the lawsuit rules utilized in civil matters in England and Wales by the Court of Appeal, UK High court, and county courts. The CPR aimed at improving access to the courts by facilitating cost-effectiveness, speed, and easier for the quasi to understand.
A pre-trial hearing shall take place at the start of the hearings of the Court of Magistrates. These are designed to handle particular legal problems that need to be addressed before the trial begins.
