In your own words, please list the steps of inquiry a court will take in a Chevron two-step analysis:

2. List the components of APA § 553 (Rulemaking Process):

3. How is arbitrary and capricious defined?

4. What is the "record" in a court case?

Answers

Answer 1

The Chevron analysis reviews agency interpretations, APA § 553 outlines rulemaking, arbitrary and capricious means irrational, and the court record includes evidence and documents in a case.

Courts use a framework called the Chevron two-step analysis to examine how agencies interpret laws. Step 1 involves determining whether the statute is ambiguous, and Step 2 looks at the reasonableness of the agency's interpretation. The rulemaking procedure is described in APA  553 and includes a notice of proposed rulemaking, a comment period, public involvement, and incorporation of a substantive rule.

According to a standard used to assess agency actions, the agency's decision making process must be reasonable, rational and supported by evidence. This standard is known as the "arbitrary and capricious" standard. The collection of evidence and documents that the court considered in a case is referred to as the "record," and it forms the factual foundation for the court's decision.

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Related Questions

Who is usually the first person to bring to the court’s attention a relapse by an offender? i need to know asap!!!

Answers

Answer:

hope this helps

Explanation:

Probation Officer

which agreement must be signed between a criminal justice agency and a private contractor who accesses cji?

Answers

CJIS Security Addendum, a uniform agreement approved by the US Attorney General must be signed between a criminal justice agency and a private contractor who accesses CJI because it ensures the confidentiality.

All machines with TLETS access must be secured against any unauthorised access or routine viewing in accordance with the CJIS Security Policy. This includes network equipment, access equipment, portable electronics, laptops used in vehicles or other outside settings, printed data, and data that has been stored.

Adhering to certain guidelines established by criminal justice and law enforcement (at local, state, and federal levels) for protecting CJI data is required in order to be CJIS compliant. These guidelines for safeguarding the origins, transmission, storage, and creation of CJI are set forth in the CJIS Security Policy.

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introduction to the fiber analysis webquest activity find 5 examples of each type of fiber and give a brief

Answers

Law enforcement organizations all across the world employ fiber analysis, a technique for locating and studying fibers, to gather evidence during an investigation.

Law enforcement organizations also utilize fiber analysis to pinpoint suspects around the crime site. When a suspect or victim is in close proximity to one another, fibers can transfer. Fiber transfers can also happen during break-ins when the intruder's fibers get entangled. Since fiber evidence is a sort of trace evidence, it will probably be very minute, maybe even microscopic. Due of its lower reliability than DNA, this technology is typically not utilized to actually identify a criminal in an inquiry.

Three basic methods for fiber examination include UV-Vis MSP, polarized light microscopy, and FTIR. Different kinds of microscopes RTF-are used in WE-R polarized light microscopy and UV-V is MSP to examine samples.

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Subraya la opción cuya serie de palabras tiene el mismo significado. A) viejo, remoto, antiguo, arcaico, añejo b) aumentar, incrementar, disminuir, crecer, ampliar c) defender, atacar, proteger, cuidar, resguardar

Answers

Answer:

A) viejo, remoto, antiguo, arcaico, añejo

b) aumentar, incrementar, disminuir, crecer, ampliar

c) defender, atacar, proteger, cuidar, resguardar

Explanation:

A) Remoto es la única palabra que no sigue la línea de algo de hace años, antiguo y viejo. Remoto es algo que remite a lejanía pero no en el sentido del resto de las palabras. Entonces, las palabras que siguen el mismo significado son: Viejo, Antiguo, Arcaico, Añejo

B) Disminuir es la única palabra que significa lo opuesto a todo el resto. Aumentar, Incrementar, Crecer y Ampliar significan que algo aumenta o crece en tamaño, mientras disminuir es el antónimo de esas palabras.

C) Atacar es el antónimo de la serie de palabras que implican cuidado y protección, el mantener a alguien o a algo seguro. La serie de palabras iguales son: Defender, Proteger, Cuidar y Resguardar.

How much discretion should judges, prosecutors, and parole board members have in administering the criminal sanction

Answers


The level of discretion granted to judges, prosecutors, and parole board members in administering criminal sanctions is a complex and nuanced issue.

While some level of discretion is necessary to account for individual circumstances and promote justice, it must be balanced with the need for consistency and fairness in the criminal justice system. Excessive discretion can lead to inconsistent outcomes and potential biases, while limited discretion may overlook unique circumstances. Striking the right balance requires establishing clear guidelines, providing training, and implementing oversight mechanisms to ensure that discretion is used judiciously and in alignment with the principles of justice.

The question of how much discretion judges, prosecutors, and parole board members should have in administering criminal sanctions involves weighing multiple factors. On one hand, allowing some level of discretion acknowledges the complexities and individuality of criminal cases. Not all cases are identical, and considering specific circumstances can lead to fairer outcomes. For example, judges may have discretion in determining appropriate sentences based on the severity of the offense, the defendant's criminal history, and any mitigating or aggravating factors present. Prosecutors, too, may exercise discretion in deciding whether to pursue charges, negotiate plea bargains, or seek alternative forms of punishment.

However, unchecked discretion can have negative consequences. It may lead to inconsistency in sentencing, where similar cases receive vastly different outcomes based on individual judgments. This can create perceptions of bias or favoritism within the criminal justice system, undermining public trust. Moreover, excessive discretion can result in disparities based on factors like race, socioeconomic status, or personal connections, rather than the merits of the case. To avoid these pitfalls, it is important to establish clear guidelines and standards for decision-making, ensuring that decisions are based on relevant legal principles and evidence.

To strike the right balance, it is crucial to provide adequate training to judges, prosecutors, and parole board members. Education and ongoing professional development programs can help them understand legal precedents, sentencing guidelines, and the impact of their decisions on individuals and communities. Additionally, implementing oversight mechanisms, such as regular performance evaluations and internal review processes, can help identify and address any potential abuses or biases in the exercise of discretion. Transparency and accountability in the decision-making process are essential to maintain public confidence in the criminal justice system.

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the same tax law is called the ""death tax"" by republicans and the ""inheritance tax"" by democrats. which phenomenon does this illustrate?

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The phenomenon illustrated here is the use of political framing.

The use of different terms to refer to the same tax law, such as "death tax" by Republicans and "inheritance tax" by Democrats, demonstrates the phenomenon of political framing. Political framing is the strategic use of language and terminology to shape public perception and influence attitudes towards specific issues or policies. In this case, both parties are using different names to frame the tax law in a way that aligns with their respective political ideologies and agendas.

By labeling it as the "death tax," Republicans aim to emphasize the negative impact of the tax on individuals and families, suggesting that it is an unfair burden placed on inheritances and estates. This framing appeals to conservative values of limited government intervention and lower taxes. On the other hand, Democrats refer to it as the "inheritance tax" to emphasize the idea of wealth distribution and fairness. This framing aligns with their belief in a progressive tax system that targets the wealthy and redistributes resources to benefit society as a whole.

Political framing plays a crucial role in shaping public opinion and influencing policy debates. The choice of language can evoke specific emotions, values, and beliefs, ultimately swaying public support or opposition to a particular issue. It highlights the power of rhetoric and the importance of understanding how political actors use framing techniques to advance their agendas.

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Country A has determined that their full-employment level of national income is $840 at an unemployment rate of 6%. Country A was producing at this point in January 2022, but recent measures of output indicate that Country A's present level of national income is $610 with unemployment now at 9%. Further economic analysis has determined that when national income in Country A rises by $15, consumption in Country A increases by $3.
1) What type of output gap is Country A experiencing? (1pt)
2) The increase in unemployment is an increase in what type of unemployment? (1pt)
3) A worker for Country A's central bank, Ms. X, believes it is best to reduce this gap through monetary policy. Based on the above information, what type of open market operations would Ms. X suggest Country A's bank undertake? (Ipt). Use a liquidity- preference diagram to show what impact this open-market operation policy will have on interest rates. Also explain what impact the policy will have on output, unemployment, and inflation.
4) In opposition to Ms. X. Ms. Z believes this the government should close this output gap
using fiscal policy. Based on Ms. Z's recommendations,
a. What is the size of the multiplier? (2pts) b. If government transfer payments remain unchanged, by how much will G need to change to close this output gap? (for now, assume there is no crowding out effect)
(2pt) c. What is the size of the tax multiplier? (2pts) d. If G remains unchanged, by how much will government transfer payments need to
change to close this output gap? (for now, assume there is no crowding out effect)

Answers

1. Country A is experiencing a recessionary output gap.

2. The increase in unemployment is an example of cyclical unemployment.

3. Ms. X would suggest that Country A's central bank undertake expansionary open market operations, buying government securities to increase the money supply and lower interest rates.

4. The answer of each point is:

a) The size of the multiplier is 5.b) Government spending (G) needs to increase by $46 to close this output gap.c) The size of the tax multiplier is -2.d) Government transfer payments need to increase by $23 to close this output gap.

Country A is experiencing a recessionary output gap because its current national income ($610) is below the full-employment level ($840), indicating a significant shortfall in output and economic activity. The increase in unemployment represents cyclical unemployment, which occurs due to the economic downturn or recession, as Country A's high unemployment rate of 9% reflects the negative impact of the recession on job opportunities.

To address the output gap, Ms. X suggests expansionary open market operations, where Country A's central bank buys government securities to inject money into the economy, lowering interest rates. This policy aims to stimulate consumption, investment, and overall economic activity, potentially leading to higher output, lower unemployment, and increased inflation.

The multiplier is 5, which means that for every dollar increase in government spending, the overall national income will increase by five dollars due to the multiplier effect. To close the output gap, government spending (G) needs to increase by $46, calculated by dividing the output gap ($230) by the marginal propensity to consume (MPC), which is 0.2 (derived from the consumption function: $3 increase in consumption for a $15 increase in income).

The tax multiplier is -2, implying that for every dollar decrease in taxes, the overall national income will decrease by two dollars due to reduced consumption and aggregate demand. If government spending (G) remains unchanged, government transfer payments need to increase by $23 to close the output gap. This is calculated by dividing the output gap ($230) by the tax multiplier (-2). Increasing transfer payments will boost disposable income, consumption, and aggregate demand, compensating for the output gap.

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I need help with this two question urgently, please help me and I will appreciate it but please don't copy and paste off the internet! Thank you so much in advanced, by the way this is a Criminology class.​

I need help with this two question urgently, please help me and I will appreciate it but please don't

Answers

A theory stands as a soundly based explanation of some aspect of the real world that is backed by empirical data and has been looked into repeatedly, with both observation and experimentation used to validate it. It establishes a system of understanding which explains how and why things function, providing insight into the latent rules that regulate in phenomena.

How to explain the theory

The typical elements involved in a theory might comprise of:

Hypotheses: Generally, theories are initiated with one or more hypotheses that serve as provisional elucidations for observed events. These hypotheses are drawn from examining, earlier knowledge synthesis, as well as intuition.

Predictions: Theories make forecasts regarding what should happen under particular predicaments. These predictions can be evaluated through testing via observation and experimentation.

Principles: On this foundation are formed principles or axioms offering comprehension on the concealed fundamentals governing a phenomenon. These tenets can be then exploited to determine hypothesis and predictions.

Observations: The theoretic tenet is constructed upon groundwork laid by observing the reality that provides proof either affirming or disputing their corresponding predictions and hypotheses.

Experiments: A theory is subject to trials using manipulation of factors inside a controlled environment so as to brook contemplation of the results instigated. Such testing advances proofs accepted or dismissed the specified hypothesis and estimates.

Explanation: In the same manner a theory offers clarity towards discerned phenomenon, showing up the workings regulating them. This interpretation can point future investigation and decision making.

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The National Crime Victimization Survey, an example of secondary data, is known for all of the following with the exception of a. It contains a large sample size.
b. It is considered to be high quality. c. It is locally representative. d. It is easily accessible.

Answers

The National Crime Victimization Survey (NCVS) is a prime example of secondary data that has been used extensively by researchers, policymakers, and practitioners in the field of criminology.

One of the strengths of the NCVS is that it contains a large sample size, which makes it possible to obtain reliable estimates of crime victimization rates for various demographic groups and geographic areas. Additionally, the survey is considered to be of high quality because it uses rigorous sampling techniques and standardized questions to collect data. However, the NCVS is not locally representative because it is a national survey that collects data from a representative sample of households across the United States. Finally, while the NCVS data is publicly available, it is not necessarily easy to access because it requires a thorough understanding of the survey methodology and statistical analysis. Overall, the NCVS remains a valuable source of secondary data that can be used to gain insights into the nature and extent of victimization in the United States.

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In a federal system of government:

1)the federal government holds all the power.
2)a monarch holds all the political power.
3)capitalism is against the law.
4)states can pass laws and hold elections.
5)dictatorships are common.

Answers

It’s A because I have that same question lol

Scenario 1
William is caught stealing electronics
from the store. He asks for a lawyer
but the police say he does not need a
lawyer since he was caught red-
handed.
Which Bill of Right is violated?

Will give brainliest and 20pts

Answers

Sixth amendment..which gives defendant right to counsel in federal prosecutions.

True/false. The authors of the texas constitution were influenced by the u. S. Governing documents and the writers of the federalist papers, such as james madison. Select the passages of madison's text from federalist 51 that reflect how government is structured to protect people from government becoming too powerful

Answers

The given statement "The authors of the Texas Constitution were influenced by the U.S. governing documents and the writers of the Federalist Papers, such as James Madison" is true because these sources were widely read and influential in the political and intellectual circles of the time.

One of the passages of Madison's text from Federalist 51 that reflect how government is structured to protect people from government becoming too powerful: " It is of great importance in a republic not only to guard the society against the oppression of its rulers but to guard one part of the society against the injustice of the other part."

Madison's Federalist 51 discusses how the structure of government can prevent one branch from becoming too powerful and infringing on the rights of citizens.

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Celia Tapia (DOB 05/18/1970) experiences issues with repeated urinary tract infections. She is in the office today to provide a clean catch urine specimen. Around 10:30 am, after providing the specimen and while washing her hands, she spilled water on the floor and slipped. Dr. Martin and the Medical Assistant assisted Ms. Tapia back to her exam room. The medical staff has been notified and it was decided that an absorbent mat should be placed in front of the sink so this doesn’t happen again. Dr. Martin determined that Ms. Tapia developed minor bruising. Complete an Incident Report for this accident.

Answers

Answer:

Incident Report  on Celia Tapia

Date: June 3, 2020        Time: 10.32 am.       Location: Women's Room C16

Facts:

1. Celia Tapia (DOB 05/18/1970) visited the office to provide a clean catch urine specimen due to repeated urinary tract infections.

2. Around 10:30 am, after providing the specimen and while washing her hands, she spilled water on the floor and slipped.

3. She was assisted back to her exam room by Dr. Martin and the Medical Assistant.

4.  The medical staff was notified immediately.

5. Ms Tapia developed minor bruising, according to Dr. Martin.

Analysis:

1. The accident was caused by water that spilled on the floor while Ms Tapia was washing her hands.

2. The floor requires to be dry at all times.

Recommendation:

1. An absorbent mat should be placed in front of the sink to forestall future occurrence.

Witnesses:

Dr. Martin and his medical assistant

Explanation:

a) Incident: An incident is an event (illness, injury, near miss, and accident) that happens at a time in a particular location.

b) An incident report is a formal one to document all workplace illnesses, injuries, near misses, and accidents.  An incident report should be completed at the time an incident occurs no matter how minor an injury is.

c) The purpose of recording an incident report is to enable full investigations to be initiated and remedial actions be taken.  It also helps in case there is a legal claim.

What are the names of the major characters in the movie rainmaker

Answers

Answer:

Rudy baylor - main protagonist

cid- tritagonist/ main antagonist

What are three ways the federal government is in control of elections

Answers

Answer:

none, none, and they choose the canidates

Explanation:

the supreme court came under sharp political attack in the 1970s, especially because of its rulings on e.) criminal defendants' rights and prayer in public schools

Answers

The Supreme Court came under sharp political attack in the 1970s, especially because of its rulings on criminal defendants' rights and prayer in public schools. Hence, Option (C) is correct.

The Court's decisions expanded the rights of criminal defendants, such as the landmark case Miranda v. Arizona.

It established the requirement for law enforcement to inform suspects of their rights and was met with criticism from conservatives who believed it hindered law enforcement efforts.

Similarly, the Court's rulings limiting prayer and religious activities in public schools, such as the case Engel v. Vitale, sparked controversy among those who viewed it as an infringement on religious freedom.

Thus, these decisions led to a strong political attack on the Supreme Court, as critics argued that the Court was overstepping its boundaries and undermining traditional values.

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the supreme court came under sharp political attack in the 1970s, especially because of its rulings on

a)antitrust laws and labor rights

b) voting rights and election laws

c) criminal defendants' rights and prayer in public schools d)environmental laws and immigrants' rights

Can ABC agents arrest an individual for criminal violations of the laws pertaining to alcoholic
beverages?
O a. No, they only investigate civil complaints
O b. No, they must work with local law enforcement to make an arrest
O c. No, they can only issue written warnings
Od. Yes, as they are sworn peace officers
E

Answers

Yes,  ABC agents arrest an individual for criminal violations of the laws pertaining to alcoholic beverages: d. Yes, as they are sworn peace officers.

Who is an ABC agents?

ABC agent are the agents whose role and responsibility is to prevent excessive drinking of alcohol or  the abuse of alcohol beverage.

Hence, option D is correct because ABC Agents are sworn peace officers who help to conduct criminal investigation and to arrest those  who violated alcohol beverage law.

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Can objective resolution termed as Megan carta of Pakistan?

Answers

Answer:

she po in my mouth like she gunna

what is “ judical restraint” and which supreme court justices practiced it?

Answers

Judicial restraint is the refusal to exercise judicial review in deference to the process of ordinary politics.

Here are some Supreme Court justices who practiced it:

Oliver Wendell Holmes, Jr. (served 1902–1932)Louis Brandeis (served 1916–1939)Felix Frankfurter (served 1939–1962)

Suppose that lenny lawyer enters into an agreement with cindy client that his fee will be a percentage of the recovery lenny obtains for cindy in her pending divorce. State law makes such a contingency fee arrangement illegal in divorce actions. What will be the probable outcome if lenny attempts to enforce the agreement?.

Answers

The agreement will be void for breaking a law. Lenny won't be able to get anything back.

What is state law?

The body of law in a particular state is known as state law. It is made up of the state's charter, laws, rules, and common law. In the United States, the state legislature passes, and the governor signs into law individual state laws. State law and federal law coexist.

Federal law supersedes state law when there is a conflict, as stated in Article IV, Section 2 of the U.S. Constitution. To make the laws on various subjects uniform across the states, individual states have adopted uniform laws. the Uniform Commercial Code, as an illustration.

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In 2012, alcohol-related crashes resulted in approximately _____ deaths in the U.S,. A. 2,500 B. 6,500 C. 10,322.

Answers

In 2012, alcohol-related crashes resulted in approximately 10,322 deaths in the U.S.

What is alcohol?

Alcohol is a psychoactive drug with addictive qualities that has been used for ages in many different cultures. Alcohol abuse has serious social and economic repercussions as well as a high illness burden. Alcohol abuse can hurt not just oneself, but also friends, family, coworkers, and complete strangers.

More than 200 diseases, injuries, and other health issues are caused by alcohol use. Alcohol consumption is linked to an increased risk of acquiring serious noncommunicable diseases such liver cirrhosis, several malignancies, and cardiovascular diseases as well as mental and behavioral disorders, including alcohol dependency.

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Which of the following is true concerning criminal law and tort law

Answers

the answer is the right of enforcement belongs to the state

1. A ______________________ requires that a judgment rendered by
a state in the US, with proper jurisdiction, must be honored by
other states in the US.
2. What type of jurisdiction involves a courts

Answers

A Full Faith and Credit Clause requires that a judgment rendered by a state in the US, with proper jurisdiction, must be honored by other states in the US.

The Full Faith and Credit Clause is a clause in the United States Constitution that requires states to recognize the public acts, records, and judicial proceedings of other states within the United States. The clause requires that the ruling of a state court of any other state be given binding authority in the courts of each state as if it had been rendered by a local court.

This is meant to ensure the unity of the nation and to further ensure that public records are accepted as reliable nationwide, such as marriage licenses and land claims. The Full Faith and Credit Clause also prevents one state from refusing to enforce the promises of another state's government. This allows for stronger interstate cooperation as well as providing uniformity within the states.

This clause does not require that states honor the laws or policy of other states, despite what those states may permit. The clause only requires that states recognize legal proceedings, such as court decisions, that took place in another state.

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What is Fair Election Act?

Answers

Answer:

The Fair Elections Act was a statute enacted by the Conservative government in the 41st Canadian Parliament. It was introduced on February 4, 2014, by Minister of Democratic Reform Pierre Poilievre, was sent to the Senate with amendments on May 12, 2014, and received Royal Assent on June 19, 2014.

Explanation:

I am there mainly for security purposes in case something goes wrong

Answers

Answer:

Security guard

Explanation:

The correct answer is security guard. He is the person who is responsible for the safety of the visitors. In case if there is robbery in the bank it is duty of security guard to provide safe environment to the people and upfront the robbers. The security guard duty is very vulnerable as he is the man who is at major risk of death or injury.

Practice Test:
Ira and Jill are involved in a lawsuit that meets the requirements for a jury trial in their state. As in most states, if neither party requests a jury
Group of answer choices
A. the amount of damages will be reduced below $20.
B . the court will seat a jury on its own motion.
C. there will be no jury trial.
D. the amount of damages will be reduced below $1,000.

Answers

Answer:

C.

Explanation:

C. There will be no jury trial.

If neither party requests a jury in a lawsuit that meets the requirements for a jury trial in their state, the typical outcome is that there will be no jury trial. The case will be heard and decided by a judge alone. The absence of a jury does not automatically result in a reduction of damages below a certain threshold (options A and D), nor does it mandate the court to seat a jury on its own motion (option B). The decision to proceed without a jury trial is within the court's discretion.

Gender Equality at workplace

Answers

whats your question ?
Yesssssssssss mamas!

Cyber forensics phases

Answers

Answer:

Identification: find the evidence, noting where it is stored.

Preservation: isolate, secure, and preserve the data.

Analysis: reconstruct fragments of data and draw conclusions based on the evidence found.

Documentation: create a record of all the data to recreate the crime scene.

Presentation: summarize and draw a conclusion.

Evidence collected during an illegal search cannot be used in court based on the

Answers

Answer:

The second option, The Exclusionary Rule

Explanation:

Evidence collected during an illegal search cannot be used in court based on the exclusionary rule.

What is Exclusionary rule?

The exclusionary rule bars the government from using the majority of evidence gathered in violation of the United States Constitution. The decision in Mapp v. Ohio demonstrated that the exclusionary rule applies to evidence obtained in violation of the Fourth Amendment through an unreasonable search or seizure.

The exclusionary rule forbids the admission of evidence obtained illegally through a search and seizure. One of the primary goals of the exclusionary rule is to discourage law enforcement from conducting searches and seizures that violate the Fourth Amendment.

Death penalty supporters also claim that it deters qualifying criminal activity.

Therefore, based on the exclusionary rule evidence collected during an illegal search cannot be used in court.

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Your question is incomplete, but most probably the full question was,

Evidence collected during an illegal search cannot be used in court based on the inclusionary rule exclusionary rule self-incrimation rule warrant rule

What Is bill?
How many types of Bill are there?​

Answers

Answer:

What Is bill?

A bill is a legislative proposal before Congress. Bills from each house are assigned a number in the order in which they are introduced, starting at the beginning of each Congress (first and second sessions)

How many types of Bill are there?

There are four types of bills - ordinary bill , money bill , finance bill and constitutional amendment bills .

Answer:

Explanation:There are two main categories of bills: public bills and private bills. While public bills deal with matters of national interest (jus generale publicum),45 the purpose of private bills is to grant special powers, benefits or exemptions to a person or persons, including corporations (jus particulare).46

Public Bills

A public bill may be initiated by a Minister, in which case it is referred to as a “government bill”. A private Member may also initiate a public bill, in which case it is called a “private Member’s bill”.

Government Bills

A government bill is a written legislative initiative submitted to Parliament by the government for approval, and possibly for amendment, before becoming law. Such bills relate to matters of public interest and may include financial provisions. Government bills are normally introduced in the House of Commons, although bills that do not provide for the expenditure of public funds or the levying of new taxes may be introduced in either House.

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