Answers
Supreme Court decisions have indeed played a crucial role in establishing the primacy of the judiciary, the constitution and asserting the supremacy of federal laws over state laws.
One landmark case that exemplifies this is Marbury v. Madison in 1803. In this case, the Supreme Court, under Chief Justice John Marshall, asserted its power of judicial review, declaring that it had the authority to interpret the Constitution and determine the constitutionality of laws. This decision established the principle of judicial review.
The Supremacy Clause of the United States Constitution, found in Article VI, Clause 2, establishes that federal laws take precedence over state laws when there is a conflict between them. This principle was reinforced by various Supreme Court decisions over the years, including McCulloch v. Maryland (1819) and Gibbons v. Ogden (1824), which upheld the supremacy of federal laws in their respective contexts.
Through these and subsequent rulings, the Supreme Court has solidified its authority in interpreting the Constitution and ensuring the primacy of federal laws over state laws when there is a clash between them, contributing to the balance of power among the branches of government in the United States.
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Related Questions
Not yielding to visually impaired pedestrians is a misdemeanor. True or False?
Answers
This statement is "Not yielding to visually impaired pedestrians is a misdemeanor" is true as per the law under the vehicle code.
Chapter 5 Pedestrian Rights and Duties of DIVISION 11. RULES OF THE ROAD in the Vehicle code talk about the punishment that is to be imposed on a driver when he does not yield to a visually impaired pedestrian.
It states that a driver of any approaching vehicle who fails to yield the right-of-way to a totally or partially blind pedestrian who is carrying a predominantly white cane or using a guide dog, or who fails to take all reasonably necessary precautions to avoid injuring this blind pedestrian, is guilty of a misdemeanor.
He also remains punishable by up to six months in county jail or a fine of at least $500. The prosecution of an offence under any other appropriate legal requirement is not prohibited by this clause.
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Lewis wants to file a suit against Mikayla. Before any court can hear the case:
the parties must own property.
the court must have jurisdiction.
the parties to the dispute must agree.
the court must issue a deposition
Answers
Before any court can hear a case, the court must have jurisdiction. This means that the court must have the authority and legal power to hear and decide the particular type of case being brought forward.
Jurisdiction is a fundamental requirement for a court to hear and decide a case. It refers to the court's authority to handle a specific type of legal matter and exercise its judicial powers. Jurisdiction can be determined based on various factors, such as the subject matter of the case, the geographical location where the incident occurred, or the parties involved.
Ownership of property is not a prerequisite for a court to hear a case, although the dispute might involve property rights. Similarly, the parties to the dispute do not necessarily have to agree for the court to have jurisdiction. While parties' agreement or consent can influence the choice of court or the resolution method (such as arbitration or mediation), it is not a determining factor for the court's jurisdiction.
The issuance of a deposition is a separate legal procedure that involves taking sworn out-of-court testimony. It is not a requirement for a court to have jurisdiction over a case. Jurisdiction primarily depends on legal principles, statutes, and rules governing the court's authority to handle specific types of cases within its jurisdictional boundaries.
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Compensatory damages are designed to refund the nonbreaching party the value of what was not done or performed had the contract been fully performed.
a. True
b. False
Answers
Answer:
The given statement is "False".
Explanation:
Compensatory damage involves wages being paid to something like a defendant towards distress, disability, and perhaps other loss sustained just to compensation. Perhaps it requires a legally established sum to completely reimburse for the harm sustained by such a victim.The above is therefore the right reaction.
for miranda purposes, "custody" usually means that a person is under arrest or
Answers
For Miranda purposes, "custody" generally means that a person is under arrest or otherwise deprived of their freedom of movement in a significant way. This is an important distinction because the Miranda warning only needs to be given to individuals who are in custody and subject to interrogation by law enforcement officials.
In other words, if an individual is not in custody, then the Miranda warning does not need to be given before questioning them.
The concept of custody is crucial because it triggers the Miranda warning, which is a set of rights that individuals have when they are being questioned by law enforcement officials. The Miranda warning informs individuals that they have the right to remain silent, the right to an attorney, and the right to have an attorney present during questioning.
If an individual is not in custody, then law enforcement officials can question them without giving them the Miranda warning. However, if an individual is in custody, then the Miranda warning must be given before any questioning can occur. This is to ensure that individuals understand their rights and are not coerced into making incriminating statements.
In summary, for Miranda purposes, custody generally means that a person is under arrest or otherwise deprived of their freedom of movement in a significant way. This triggers the Miranda warning, which informs individuals of their rights when being questioned by law enforcement officials.
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Find a news about uncertainty law in Indonesia and add
a conclusion into it (Dont Plagarism pls)
Answers
The Positive Investment List of Indonesia permits foreign investment in more than 200 industries, including telecommunications, energy, and transportation. In certain industries, foreign investors may wholly own a company barring any restrictions.
The Investment Law and its related rules generally control foreign investment in Indonesia. According to the Investment Law, the Government must list the industries that are available to foreign investment, as well as the priority and any additional requirements.
As we shall see, the majority of Indonesian scholars reach the conclusion that their country is dualist, at least in terms of treaties, noting that many ratified international treaties are inactive and unenforceable until they are made into domestic law by statute or regulation.
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Uncertainty laws play a crucial role in legal systems worldwide, including Indonesia. These laws aim to provide clarity and predictability in legal matters, ensuring fairness and justice for individuals and businesses. The application of uncertainty laws helps establish a framework for interpreting ambiguous or conflicting legal provisions, addressing gaps in legislation, and guiding judicial decision-making.
In Indonesia, as in many countries, the legal system evolves to adapt to societal changes and new challenges. This necessitates the ongoing examination and refinement of uncertainty laws to keep pace with emerging legal issues and ensure the rule of law is upheld.
Balancing legal certainty with flexibility can be a complex task, as laws must strike a delicate balance between providing clear guidelines and allowing for judicial discretion.
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The United States is on par with Russia in having more persons per capita in prison. Is that a sign that the United States is a nation that enforces its laws, or is it an
indication that something is inherently wrong with its criminal justice system? Please explain and then respond to a
Answers
According to the criminal justice system, the United States is the one that enforces the laws, and the poor are disproportionately represented in the prison population.
What is criminal?
The person who committed a crime is referred to as a "criminal." A individual is legitimately arrested if they are the indifferent perpetrator of the crime. Lawbreakers are classified into four types: persistent, moralistic, juridical, and organized. The perpetrator must be punished by the court.
According to the criminal justice, the United States is the one that writes the laws, and the crimes police are overburdened. A substantial proportion of the poor end up in prison.
Hence, the significance was the criminal aforementioned.
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Fancorp regularly trades in securities on a national exchange.Which of the following is true concerning the company’s requirement to report to the SEC?
Answers
The options available are:
a) Must file annual and quarterly financial reports
b) Requirement to file depends on the company’s assets and shareholder base.
c) Not required to report information to the SEC.
d) Required to report major business developments and must file annual and quarterly financial reports.
Answer:
d) Required to report major business developments and must file annual and quarterly financial reports.
Explanation:
It is expected that firms or companies who regularly trades in securities on a national exchange is required by law under the United States security and exchange commission to report major business developments and must file annual and quarterly financial reports using form 10-K and form 10-Q made available by the security and exchange commission.
This is done by the filling the Form 10-K for yearly reports while Form 10-Q for their quarterly reports, and report the business advancement, for example, budgetary exchange, mergers, procurement and so forth to them consistently
Hence, Fancorp is required to report major business developments and must file annual and quarterly financial reports.
Determine if the following items are considered to be individual or class evidence.
Answers
Fabric from a garment is class evidence. Textiles are mass-produced, they are considered class evidence.
What are individual and class evidence?Evidence with class characteristics is referred to as class evidence. Individual evidence is similar to evidence that possesses individual characteristics.
Both class and individual evidence have value; however, it usually takes much more class evidence (and much more time for collection and analysis) to have the same significance and weight as a single item of individual evidence.
Class evidence-
Fabric from a garment
Broken glass from a bottle
Tear from a piece of paper
Individual evidence-
Shoe print (pattern)
Bones found in a skull
matches from a match book
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What is the admissibility of character evidence?
Answers
The purpose for which character evidence is offered will determine whether or not it is admissible during a trial.
It is not admissible to use evidence of a person's character or personality traits to demonstrate that they behaved in a particular way on a given occasion. The "propensity" rule which goes by this name, is meant to stop unjustified bias against the defendant. For instance it would typically be improper to introduce evidence that a defendant has a history of violence in order to establish that they committed a particular act of violence.
The propensity rule does have a few exceptions, though. For instance, if a defendant's character or trait of character is offered to prove another relevant fact, like motivation, intent or the lack of error then it may be admissible. It may be possible to prove that the victim was the aggressor in a physical altercation in some circumstances by introducing evidence of the victim's character.
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Which branch of the military requires there law enforcement officers to complete a single source background investigation
Answers
2. CHAPTER 9 (10points)
Discuss the power behind the language of the law. How do legal professionals have
an advantage over lay people, especially in the courtroom?
Answers
Legal language is designed to be precise and unambiguous, which is important in the context of the law. However, this precision can also make legal language difficult for lay people to understand. Legal professionals are trained to interpret and use legal language effectively, which allows them to make persuasive arguments and present complex legal concepts in a way that is accessible to judges and juries.
In the courtroom, legal professionals have an advantage over lay people because they are familiar with the rules of evidence, legal procedure, and courtroom etiquette. They know how to present evidence, make objections, and cross-examine witnesses in a way that is effective and persuasive. They are also able to anticipate the arguments that the other side will make and prepare counterarguments in advance.
Legal professionals are also trained to think critically and analyze legal issues in a way that is not always intuitive for lay people. They are able to identify legal issues and apply legal principles to the facts of a case in a way that is persuasive and compelling.
In summary, the language of the law is a powerful tool that legal professionals use to their advantage, particularly in the courtroom. Legal language can be difficult for lay people to understand, which gives legal professionals an advantage. Legal professionals are trained to interpret and use legal language effectively, which allows them to make persuasive arguments and present complex legal concepts in a way that is accessible to judges and juries. They are also familiar with the rules of evidence, legal procedure, and courtroom etiquette, which gives them an advantage in the courtroom.
Legal professionals have an advantage over lay people in the courtroom due to their understanding and use of the language of the law.
The Power of Language in Law
The language used in the law is powerful, as it plays a crucial role in determining legal outcomes. Legal professionals have an advantage over lay people when it comes to understanding and utilizing the language of the law. In the courtroom, legal professionals can effectively argue their case using legal terminology, statutes, and precedents, which can make their arguments more persuasive and credible. This advantage allows them to present a strong and compelling case to the judge or jury.
Advantages in the Courtroom
Legal professionals have several advantages over lay people in the courtroom. They possess a deep understanding of legal principles, rules, and procedures, which enables them to navigate the legal system with ease. They are skilled at framing arguments and presenting evidence in a way that is consistent with legal standards. Moreover, their knowledge of legal language allows them to interpret and analyze complex legal documents accurately, giving them an edge in understanding the nuances of a case.
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What does “privilege” mean with respect to lawyer-client relationship and give an example
Answers
Answer:
i would think it would mean like its a privilege to be able to work and fight for someone? im not to sure tho.
Explanation:
Legal risks of doing business globally
Answers
Answer:
taking some one else name, dont have legal papers for you to sale things to others
Explanation:
Mark is a hunter, hunting in Louisiana and he kills six ducks over his limit. He is arrested by federal Wildlife & Fisheries. He is convicted in trial court, but he feels that it is his constitutional right to hunt animals animals to feed his family. And he wants to argue the constitutional issue of his conviction. Which court would he appeal to?
Answers
Answer:
Explanation:
animal abuse
Can you sue someone for urinating on your wife?
Answers
Answer:
Yes!
Explanation:
You can sue anybody for anything as long as the judge accepts it.
Administrative agencies may obtain informaion from private citizens or from businesses through the Freedom of Information Act.
A. True
B. False
Answers
B. False. Administrative agencies may obtain information from private citizens or from businesses through various means, including subpoenas and inspections. The Freedom of Information Act (FOIA) applies to federal agencies and provides access to certain government records upon request, but it does not allow agencies to obtain information from private citizens or businesses.
The Freedom of Information Act (FOIA) allows the public to access information from federal government agencies, not the other way around. Administrative agencies cannot obtain information from private citizens or businesses through the FOIA. Instead, agencies gather information through their regulatory powers, such as investigations, inspections, or requests for specific data. FOIA only applies to the disclosure of government-held information to the public.
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What was the court's majority opinion in Plessy v. Ferguson?
On Plato
Answers
Answer:
majority opinion by Henry B. Brown. The Court held that the state law was constitutional. In an opinion authored by Justice Henry Billings Brown, the majority upheld state-imposed racial segregation.
Heidi has brought a civil lawsuit against Linda. Linda's lawyer tells her precedent supports her defense. The lawyer's statement means Heidi's lawsuit is frivolous. , Not Selected does not guarantee that Linda will win the case. , Not Selected Incorrect answer: means Linda will win the case. means Heidi's lawsuit is based on statutory law.
Answers
Answer:
The lawyer's statement means Heidi's lawsuit is frivolous.
Explanation:
Precedents in the courts of law are previously established cases whose judgements can be referenced in successive case. In the case above, Linda is the defendant because the burden of proof lies on her. She needs to put up a defense to contest the accuracy of her lawsuit.
When the lawyer tells her that precedent supports her defense, it means that previously established cases on that matter support Linda's case. Therefore, Heidi's lawsuit against Linda was frivolous and lacked merit. Linda has a high chance of winning the case.
If James kill ruby and the lawyer lie to the law who is repunseble
Answers
Answer:
The lawyer is a trash bec. he is the only one that can keep the evidence and the crime. The lawyer only wants money he didnt want the true investigations...
And btw this app is trash amd the lawyer too
luật công pháp quốc tế
Answers
Which conflict would most likely be settled by law rather than ethics?
Family members disagree over division of responsibility for household chores.
A teen breaks a neighbor's fence panel while practicing archery.
A student and teacher disagree on the final course grade earned.
A driver damages another car in a grocery store parking lot.
Answers
The conflict that would most likely be settled by law rather than ethics is: d. A driver damages another car in a grocery store parking lot.
What is conflict?Conflict can be defined as a form of disagreement that occur between two or more people. Conflict is what led to the development of conflict resolution as conflict resolution help to settle the disagreement the people that were involved in a conflict had .
The case that may be settle by the court of law is when a person damage or destroy another person property in which the person that commit the damage refuse to repair the damage, the owner of the property can sue the person in the law of court for damage which will be settle by the jury and if found guilty the person must pay for the damage.
Therefore the correct option is D.
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Answer:
A driver damages another car in a grocery store parking lot.
Explanation:
Got this right on the quiz! Although another choice might also be settled by law, this one is MOST LIKELY to be settled using law.
TRUE/FALSE. seriousness of offebse abd orior record of the defendant atre the most important factors on determing normal penalties
Answers
The offense's seriousness The most significant factors in determining standard penalties were the defendant's prior history and behavior. True.
What elements are taken into account while imposing a punishment on a defendant?A judge must impose a sentence that is adequate—but not excessive—to reflect the seriousness of the offense, encourage adherence to the law, provide just punishment for the crime, effectively deter future criminal behavior, safeguard the public from the defendant's further criminal activity, and provide for the defendant.
What are the two main criteria that judges use to determine sentences?When deciding how long to sentence a convicted offender to, federal courts look to the sentencing guidelines. The guidelines offer sentence ranges based on the severity of the offense and the criminal record of the defendant.
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possible remedies for a breach of contract include: compensatory damages. fines. incarceration. all of these. none of these.
Answers
The possible remedies for a breach of contract include: compensatory damages, fines, and in some cases, incarceration.
Compensatory damages are meant to compensate the non-breaching party for the losses they suffered due to the breach of contract. They are awarded to put the non-breaching party in the position they would have been if the contract had been performed as agreed. Fines may also be imposed as a remedy for a breach of contract in some cases, especially if the breach involves a violation of law or regulation. Fines serve as a deterrent and a punishment for the breach. Incarceration is a more extreme remedy and is typically only used in cases where the breach of contract is also a criminal offense, such as fraud or embezzlement. It is important to note that not all of these remedies will be available in every case, and the remedy that is chosen will depend on the specific circumstances of the breach of contract.
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Which of the following is NOT a right that the state has in privately owned property?
Answers
Answer:
Although unpaid taxes result in a lien (which is an encumbrance), an encumbrance is not a state right in and of itself in private property.
Explanation:
IF IT HELPED UH PLEASE MARK ME A BRAINLIEST :))1. In a case involving an ADR clause, the parties to a contract disagreed as to whether the clause required them to submit a dispute over a trade secret problem to arbitration. The clause required the parties to submit “any controversy or claim arising out of the agreement” to arbitration. Strictly speaking, the trade secret controversy did not arise “out of” the agreement; however, it was clear that the trade secret dispute was related to the agreement. The trial court held that the language of the ADR clause was too narrow and that because the trade secret dispute did not arise out of the controversy, the parties were not required to send it to arbitration. Should the appellate court overrule the trial court’s decision rejecting the requirement that the parties arbitrate the trade secret dispute? Explain your response.
Answers
Muriel Evans writes the following note on the back of an envelope: "I, Muriel Evans, promise to pay Karen Marvin or bearer $100 on demand." Is this a negotiable instrument? Discuss why or why not.
Answers
Yes, it is a negotiable instrument because it is a written and signed document that was written by Muriel Evans to pay $100 to Karen Marvin.
What is an Agreement?This refers to the formal or informal conclusion which is reached between two or more persons about a certain thing and the clauses involved.
Hence, we can note that because a written and the signed statement was made by Muriel Evans, then this fits the definition of a negotiable instrument which is a signed document that promises to pay a certain amount of money to a person.
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Considering critiques of human rights by cultural relativists and feminists, do you
believe human rights are universal? What critiques do you find most convincing
and why? Do you think universalists can respond adequately to these critiques?
Also, consider the disjuncture between human rights theory and practice, what
does this disjuncture means (if anything) for universalists?
Answers
Human Rights are universally declared to be equal for every person in any part of the world. This was stated in the Universal Declaration of Human Rights (UDHR).
What is UDHR ?UDHR was adopted by UN General Assembly as the first legal document which was based on fundamental human rights being universal.UDHR's 30th article talks about the principle and building blocks of every current and future generation of human rights conventions, treaties, and other legal documents.This consists of basically reports such as:International covenant of civil and political International Bill of RightsThe principle of Universality is concerned with International Human Rights Duties. This means every human is equally treated under the eyes of the law.
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The American colonial experience in which British troops were allowed to take over homes for their use was commonly known as which of the following selections? Select one
A. quartering of soldiers
B. right to bear arms
C. civil cases
D. illegal search and seizure
Answers
What is Article 2 say?
Answers
Article 2 of the United States Constitution establishes the executive branch of the federal government, which includes the President, Vice President, and other officials.
The article outlines the qualifications for the presidency, the process of electing the President and Vice President, and the powers and responsibilities of the President. Here are some of the key provisions of Article 2:
Section 1: Establishes the office of the President, and sets forth the qualifications for the position, including a requirement that the President be a natural-born citizen, at least 35 years old, and a resident of the United States for at least 14 years.Section 2: Outlines the President's powers and responsibilities, including serving as Commander-in-Chief of the armed forces, making treaties with the advice and consent of the Senate, appointing federal officers (subject to Senate confirmation), and delivering a State of the Union address to Congress.Section 3: Sets forth additional powers and responsibilities of the President, including the duty to "take Care that the Laws be faithfully executed," the power to convene Congress in special session, and the duty to receive ambassadors and other public ministers.Section 4: Provides for the impeachment and removal from office of the President, Vice President, and other officials for "Treason, Bribery, or other high Crimes and Misdemeanors."Overall, Article 2 establishes the President as the chief executive of the United States, with significant powers and responsibilities for leading the nation, administering the federal government, and representing the United States on the world stage.
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Select the correct answer.
Which situation represents the direct benefits of taxing citizens?
A.
a 70-year-old woman receives Social Security benefits
O B.
the price of smartphones and personal computers decreases
OC.
the number of African Americans serving on corporate boards of directors increases
O D. a Hispanic woman becomes the first woman entrepreneur in the construction industry
Answers
Answer: A.
a 70-year-old woman receives Social Security benefits
Explanation: