When judges/justices strike down laws only rarely, otherwise deferring to the policy choices of legislatures, it is referred to as judicial restraint.
Judicial restraint is a judicial philosophy that emphasizes limited judicial intervention in legislative matters. It is based on the belief that the primary responsibility for making and shaping public policy lies with the elected representatives of the people in the legislative branch.
Judges who adhere to judicial restraint generally interpret the law narrowly, avoiding broad interpretations that would involve the court in making policy decisions. They give deference to the legislature's judgment and are reluctant to strike down laws unless they clearly violate constitutional principles.
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most cases reach the supreme court primarily by means of a(n)
Most cases reach the Supreme Court in the United States through a petition for writ of certiorari.
What is the primary means for cases to reach the Supreme Court?In the United States, most cases reach the Supreme Court through a process called a "petition for writ of certiorari." This means that parties involved in a case submit a formal request asking the Supreme Court to review and hear their case. The Supreme Court has discretionary power over which cases it chooses to accept, and it generally grants certiorari in cases that present significant legal questions, conflicts between lower courts, or cases of national importance. Once the Supreme Court grants certiorari, it agrees to review the case and make a final decision that will have precedential value.
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The purpose of the restrictive debt covenant that imposes fixed assets restrictions is to:
A) ensure a cash shortage does not cause an inability to meet current obligations.
B) protect the lender by controlling the risk and marketability of the borrower's security investment alternatives.
C) prevent the firm from liquidation and ensure its ability to repay the debt.
D) limit the amount of fixed-payment obligations.
B) protect the lender by controlling the risk and marketability of the borrower's security investment alternatives.
The purpose of a restrictive debt covenant that imposes fixed assets restrictions is primarily to protect the lender by controlling the risk and marketability of the borrower's security investment alternatives.
This type of covenant is typically included in loan agreements to safeguard the lender's interests and ensure that the borrower maintains sufficient collateral to support the debt.
By imposing restrictions on fixed assets, the lender aims to reduce the borrower's ability to dispose of or encumber those assets, which could potentially decrease their value as collateral.
This helps mitigate the lender's risk by ensuring that the borrower maintains a certain level of assets that can be readily used to repay the debt in case of default.
Additionally, these restrictions can enhance the marketability of the borrower's assets.
By limiting the borrower's ability to allocate or sell fixed assets, the lender ensures that the borrower's overall financial position remains stable, making the loan more attractive to potential investors in the secondary market.
In summary, the restrictive debt covenant with fixed assets restrictions primarily serves the purpose of protecting the lender's investment by controlling risk, maintaining collateral value, and enhancing marketability of the borrower's assets.
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the merit system used to identify and select judges is also known as
The merit system used to identify and select judges is a process designed to ensure that the best candidates are chosen for the job. This system is based on a set of qualifications and criteria which are used to evaluate each potential judge.
The qualifications include legal and educational background, experience, character, and any other relevant criteria. The selection process begins with the evaluation of each candidate's credentials and qualifications to determine who is the most qualified for the position. After a pool of qualified candidates has been identified, the selection process continues with interviews and evaluations to determine the best choice for the job.
Following the interviews, the selection committee makes a recommendation to the appointing authority, who makes the final decision. This merit system of selecting judges ensures that the best individuals are chosen for the job, and that only the most qualified and capable individuals are appointed to the bench.
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Which of the following is a False statement about hypnosis?
The false statement about hypnosis is Everyone can be hypnotized. Hypnotizability varies among individuals, and some people are more responsive to hypnosis than others. As a result the best choice is A.
The following assertions are correct:
Hypnosis is a genuine psychological phenomenon; people are not only pretending to be hypnotised. It entails establishing a trance-like state in which people become hyper-focused and receptive to ideas.
Hypnotically recalled memories are not always accurate: Memories retrieved while hypnotised can be untrustworthy and subject to persuasion. It has been demonstrated that hypnosis increases the risk of erroneous recollections or distortions.
Not all psychologists agree on whether hypnosis is a condition of altered consciousness: Psychologists continue to disagree about the nature of hypnosis. Others provide alternate explanations, such as concentrated attention or heightened suggestibility, to those who believe it is an altered state of consciousness.
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The following question may be like this:
Which of the following statements about hypnosis is false?
a. Everyone can be hypnotized.
b. Hypnosis is real; people are not just faking it.
c. Memories recalled under hypnosis are not always accurate.
d. Not all psychologists agree as to whether hypnosis is an altered state of consciousness.
in the event that the witness cannot remember the facts of the case but used notes or reports as the sole basis of testimony without any independent recall, the term applied is
The term applied in this scenario is "past recollection recorded."
In the event that the witness cannot remember the facts of the case but uses notes or reports as the sole basis of testimony without any independent recall, the term applied is "refreshing recollection" or "past recollection recorded." This refers to a witness using written materials, such as notes or reports, to help them recall specific details of an event while testifying in court.
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according to machiavelli, what is the difference between crushing (ie.killing) the former ruling families to achieve new territory and achieving a principality through criminal means?
According to Machiavelli, there is a distinction between crushing the former ruling families to achieve new territory and achieving a principality through criminal means.
In Machiavelli's work "The Prince," he discusses various strategies and methods for acquiring and maintaining power. When it comes to conquering new territory, Machiavelli argues that it may be necessary to eliminate the ruling families or nobility of the conquered state. This is because these families, if left intact, could pose a threat to the new ruler's authority and stability. By crushing or removing them, the conqueror can eliminate potential opposition and consolidate their control over the territory.
On the other hand, achieving a principality through criminal means refers to using unlawful or immoral methods to seize power within an existing state. Machiavelli generally advises against relying solely on criminal means for acquiring and maintaining power. He argues that while criminal actions may be initially effective in seizing power, they can lead to instability, rebellion, and loss of support in the long run. Machiavelli emphasizes the importance of establishing legitimacy, gaining the support of the people, and maintaining the appearance of virtuous leadership.
It is important to note that Machiavelli's ideas should be understood within the context of his time and his observation of political realities. His views on acquiring and exercising power were shaped by his experiences in a tumultuous political landscape, and his writings reflect the pragmatic approach he believed rulers should adopt to achieve their goals.
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which of the following is an accurate comparison of typical conservative and liberal views concerning economic policy?
Typical conservative and liberal views on economic policy differ in terms of their approach to government intervention and the role of free markets.
Conservatives typically favor limited government intervention in the economy, emphasizing free market principles and individual economic freedom. They argue that reduced government regulation and taxation can stimulate economic growth and innovation. Conservatives often support policies such as lower taxes, deregulation, and limited welfare programs, believing that market forces should primarily determine economic outcomes.
On the other hand, liberals generally advocate for a more active role of government in addressing economic disparities and promoting social welfare. They argue that government intervention is necessary to ensure economic fairness, protect workers' rights, and provide social safety nets. Liberals often support progressive taxation, government regulation of markets, and public investment in areas such as healthcare, education, and infrastructure. Their goal is to reduce income inequality and promote social justice through government policies and programs.
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The question below includes actual dates that must be used to determine the appropriate tax treatment of the transaction. Pat's divorce decree, finalized in 2016, requires Pat to make the following transfers to Pat's former spouse during 2019: • Alimony payments of $9,000 to be reduced to $7,000 when their child attains the age of 18. Property division of stock with a basis of $2,000 and a fair market value of $3,500. What is the amount of Pat's alimony deduction for the year ending 12/31/2019
The amount of Pat's alimony deduction for the year ending 12/31/2019 is $9,000.
To calculate the deduction for the year ending 12/31/2019 following steps are mentioned.
Step 1: Identify the total alimony payments made in 2019.
Pat made alimony payments of $9,000 in 2019.
Step 2: Determine if there is a change in the alimony payment due to their child attaining the age of 18.
Since there is no mention of the child's age or the date they turn 18 in the question, we cannot account for any changes in the alimony payment amount.
Step 3: Consider the property division of stock.
The property division of stock is not considered as alimony and is not deductible as such. Thus, it will not affect Pat's alimony deduction.
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in 1972, charles manson's death sentence was reduced to a life sentence. manson received a(n)
In 1972, Charles Manson's death sentence was reduced to a life sentence. Manson received a commutation of his sentence, which changed his punishment from death to life in prison.
In 1972, Charles Manson's death sentence was reduced to a life sentence. Manson received a commutation. A Commutation is a reduction of a prisoner's sentence, usually due to changes in laws or regulations or because the prisoner demonstrated good behavior or other factors that warranted a reduced sentence.
In Manson's case, the change in California's death penalty laws led to the commutation of his death sentence to life imprisonment.
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A benefit that is sought buy an interest group that once achieved cannot be denied to nonmembers is called aA free riderB solidary benefitC collective goodD purposive benefit
A benefit sought by an interest group that, once attained, cannot be denied to nonmembers is referred to as a collective good.
A collective good represents a valuable outcome that an interest group aims to achieve, such as policy changes, public goods, or societal improvements. Unlike private goods that can be selectively distributed or denied based on membership or contribution, collective goods are non-excludable.
Once the group successfully obtains the desired benefit, it becomes accessible to everyone, including nonmembers and free riders. This poses a dilemma for interest groups, as individuals may be tempted to reap the benefits without investing their resources or efforts.
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T/F: Both hard determinism and libertarianism agree that, if determinism is true, then metaphysical freedom and moral responsibility cannot exist.
The given statement "Both hard determinism and libertarianism agree that if determinism is true, then metaphysical freedom and moral responsibility cannot exist." is true because hard determinism holds that every event, including human actions, is causally determined by prior causes, making free will and moral responsibility illusory.
On the other hand, libertarianism asserts that free will exists and that individuals can choose to act contrary to the causal chain of events. However, if determinism is true, libertarianism's assertion of free will would be unfounded, and thus, metaphysical freedom and moral responsibility cannot exist. In both cases, the denial of metaphysical freedom and moral responsibility has significant implications for moral and legal theories.
It is worth noting that there are compatibilist approaches to this issue, which attempt to reconcile determinism with the existence of free will and moral responsibility. These approaches argue that even if determinism is true, individuals can still be held morally and legally responsible for their actions.
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parol evidence is admissible when a court deems a contract integrated. t/f
The given statement "parol evidence is admissible when a court deems a contract integrated" is True because there are exceptions to this general rule in cases of ambiguity, fraud, mistake, duress, or illegality.
Integration refers to the complete and final expression of the terms of a contract in a written document or agreement. When a contract is considered integrated, it means that the parties intended the written document to be the final and exclusive expression of their agreement, and they intended it to represent the entire contract between them.
In general, when a contract is integrated, parol evidence, which refers to any external oral or written evidence that contradicts or adds to the terms of the written contract, is not admissible. This means that parties cannot introduce evidence of prior or contemporaneous oral or written statements or agreements that would alter or contradict the terms of the written contract.
However, there are exceptions to this rule. Even when a contract is integrated, parol evidence may still be admissible in certain circumstances. These exceptions include situations where the written contract is ambiguous or incomplete, or where there is a claim of fraud, mistake, duress, or illegality.
In such cases, parol evidence can be used to clarify or explain the terms of the contract, demonstrate the parties' intent, or prove the existence of a separate oral or written agreement that is not inconsistent with the written contract. It is ultimately up to the court to determine whether a contract is integrated and whether parol evidence is admissible.
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passage of which of the following is an example of clintons success in compromising and negotiating retreating so as to advance
The passage of the Welfare Reform Act in 1996 is an example of Clinton's success in compromising and negotiating by retreating in order to advance.
One notable example of Clinton's success in compromising and negotiating by retreating in order to advance was the passage of the Welfare Reform Act in 1996. The act aimed to reform the welfare system in the United States by introducing work requirements and time limits for recipients. Clinton initially faced opposition from both conservatives and liberals, with conservatives pushing for stricter reforms and liberals advocating for more generous benefits. In order to pass the legislation, Clinton compromised by retreating from some of the more progressive aspects of the reform and finding a middle ground that satisfied both sides to some extent. This compromise allowed him to secure enough support to pass the act, which was considered a significant achievement during his presidency.
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