Answers
An excited utterance, as defined under Rule 803(2) of the Federal Rules of Evidence, is a statement that pertains to a startling event or condition made while the declarant is in legal proceedings, it is an exception to the hearsay rule, allowing for the admissibility of such statements as evidence, even if the declarant is unavailable to testify in court.
The rationale behind this exception is that the emotional impact of a startling event or condition is likely to produce spontaneous and truthful statements, rather than calculated and potentially dishonest ones. The key factors to consider when determining if a statement qualifies as an excited utterance include the proximity in time to the event or condition, the level of stress or excitement experienced by the declarant, and the nature of the statement itself.
For a statement to be admissible under the excited utterance exception, it must meet the following criteria: (1) a startling event or condition must have occurred, (2) the declarant must have been under the stress or excitement caused by the event or condition at the time of making the statement, and (3) the statement must relate to the event or condition.
In summary, an excited utterance under Rule 803(2) is a statement made during or shortly after a startling event or condition, while the declarant is still under the emotional influence of that event. Such statements are considered more reliable and are admissible as evidence in legal proceedings due to their spontaneous nature.
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Related Questions
Why might a social epidemiologist study the mass media?
A. To understand the difference between types of music played in the media.
B. To determine how the media can be used to impact health.
C. To determine if the media can change the system of government.
D. To understand the coming features between movies and Family relationships
Answers
The social epidemiologist studies the mass media in order to understand how media can be sued to impact health. Thus the option B is correct.
What is social epidemiology?The epidemiology is the study of the distribution and determinants of the state of health in populations. The branch is centered with the ways of social structure, institutions, and relationships that influence health.
It features the pathways by which the society's condition affects health. They study mass media to undertake how the media can impact health.
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Corporations may underreport cybercrimes because of concerns about data breach liabilities, damage to brand, regulatory issues, and loss of consumer confidence.
A. True
B. False
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It is completely appropriate and correct to mention that the corporations may underreport cybercrime, because of concerns about data breach liabilities, damage to brand, regulatory issues, and loss of consumer confidence. Therefore, the statement given above holds true.
What is the significance of cybercrime?A cybercrime can be referred to or considered as a form of criminal activity that takes place over the internet using a computer or a network of computers. Such crimes are handled by a completely different department of police authorities.
There have been instances where the plaintiffs have underreported their cybercrime, as they are concerned about the breach of their private data and confidential information.
Therefore, the option A holds true and states regarding the significance of a cybercrime.
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in a nontaxable exchange between unrelated parties, are the amount realized by the parties always equal?
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In a nontaxable exchange between unrelated parties, the amount realized by the parties may not always be equal.
The amount realized by each party is the value of the property or asset received in the exchange.
However, in some cases, the value of the property received by one party may be different from the value of the property given up by that party. This could happen if the parties are exchanging assets with different values or if there are other considerations involved in the exchange, such as the assumption of liabilities or the receipt of cash or other assets in addition to the property being exchanged.
In any case, as long as the exchange meets the requirements for a nontaxable exchange, such as being for like-kind property and meeting certain timing and other conditions, the parties may be able to defer recognition of any gain or loss on the exchange until a future taxable event occurs.
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- The American Medical Association classifies alcohol as:
Answers
Answer:a disenfectant?
Explanation:alcohol disenfects wounds
using the definition of social contract determine the role of the Magna Carta and Mayflower compact in the development of the US legal system including the US Constitution and the Maryland Constitution
Answers
Explanation:
The Mayflower Compact expressed four main ideals (Cline 2003):
It expressed the deep faith and belief in God and His divine guidance, which was held so dear to the Pilgrim Fathers.
It expressed deep loyalty to native England and to the King, regardless of his actions to persecute and exile the Pilgrims.
It expressed mutual regard for one another as equals in the sight of God.
It expressed intent to establish just and equal laws upon which would be built a truly democratic form of government, the first recorded in history.
A thief was passing by a house under construction when he noticed that the ladder being used by workers on the roof had copper braces supporting the rungs. After making sure that the workers on the roof could not see him, the thief used pliers that he had in his pocket to remove all of the copper braces that he could reach from the ground. A short time later, a worker climbed down the ladder and it collapsed. He fell to the ground and severely injured his back. The thief was apprehended a few hours later trying to sell the copper for scrap. A statute in the jurisdiction makes it a felony for "maliciously causing serious physical injury to another." The thief was charged with malicious injury under the statute and was also charged with larceny. After a jury trial in which the above facts were presented, he was convicted of both charges.
If he appeals the conviction for the malicious injury charge on grounds of insufficient evidence, how should the court rule?
A. Affirm the conviction, because the thief was engaged in criminal conduct at the time of the act that resulted in the injury.
B. Affirm the conviction, because the jury could have found that the thief acted with malice.
C. Reverse the conviction, because there was no evidence that the thief intended to injure anyone.
D. Reverse the conviction, because there was no evidence that the thief bore any malice towards the workers on the roof.
Answers
The court should reverse the conviction for the malicious injury charge because there was no evidence that the thief intended to injure anyone.(C)
In order to convict someone of malicious injury, the prosecution must prove beyond a reasonable doubt that the defendant acted with the specific intent to cause serious physical injury to another person. (C)
In this case, the evidence presented does not establish that the thief had any intent to cause injury to the worker on the roof. The thief's actions in removing the copper braces from the ladder were motivated solely by the desire to steal and sell the copper.
While the worker's injury may have been a foreseeable consequence of the thief's actions, foreseeability alone is not sufficient to establish the required intent for a conviction of malicious injury.
Therefore, the court should reverse the conviction for the malicious injury charge. However, the conviction for larceny, which is supported by the evidence that the thief stole the copper, may still stand.
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political parties are least influential over congress when a single party controls both houses and the presidency and when the party leadership is strong enough to exert discipline and a degree of uniformity of policy.
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In a system where a single party controls both houses of Congress and the presidency, the party leadership's influence is significant.
The party leaders can pass legislation with minimal opposition, as they have a majority in both houses of Congress. Additionally, when the party leadership is strong enough to exert discipline and a degree of uniformity of policy, the party's influence over Congress is further enhanced.
When a single party controls both houses and the presidency, there is a reduced need for bipartisan negotiation and compromise.
The party leadership can push through their legislative agenda without the need for significant concessions to opposition parties. This can lead to more efficient governance but also raises concerns about potential abuse of power.
However, the party leadership's power is not absolute, and individual members of Congress can still exercise some degree of influence. Members of Congress are elected by their constituents and are accountable to them, not just to the party leadership.
As a result, individual members may choose to break ranks with their party if they believe it is in the best interest of their constituents.
Overall, while a single party controlling both houses and the presidency can lead to more efficient governance, the party leadership's influence is still limited by individual members' decisions.
The strength of the party leadership also plays a crucial role in determining the party's ability to exert discipline and uniformity of policy.
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The federal government can regulate almost every commercial enterprise in the United States.
True or false?
Answers
The statement "The federal government can regulate almost every commercial enterprise in the United States" is TRUE.
The term "federal" refers to the national government in the United States. The government's power to regulate commercial enterprise is derived from the Commerce Clause in the United States Constitution.
The Commerce Clause grants the federal government the power to regulate interstate commerce and foreign commerce. This power extends to almost every commercial enterprise that participates in interstate commerce or trade with foreign countries.
The government regulates businesses to ensure that they do not engage in fraudulent practices, produce harmful products, or harm the environment. The government can also regulate businesses to ensure fair competition and protect consumers.
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Need this in the right order.
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Hit thanks if this helped !!
Tori and scott have applied for an $8,000 installment loan to pay for a new car. they are told that the loan is approved and the lender fills out all the paperwork, which states that they will pay an annual percentage interest rate of 8.2 tori and scott signed the loan papers. the next day, they find another car dealer who will sell them the same car at the same price but with an interest rate of just 4.8%. they do not live in a state that has a cooling off period for auto loans. what are their options? a. they can tell the original dealer "no deal" and go to the lower-priced lender. b. they signed the contract and must take the original deal that they made. c. the federal government will force the first dealer to lower the interest rate. d. they can sue the original lender to lower the interest rate.
Answers
Answer:
Your answer would be B; "they signed the contract with the first dealer and now must take the original deal."
Explanation:
They already signed the contract with the first dealer and now the only option available to them is to take the original deal since they have already signed the contract meaning they have legal duty to that first dealer. (Legal Duty: a legally binding obligation on a contract to follow the law when doing something towards the other part. Since they have signed it is legally binding that they now take the original deal or the first deal.)
in a negligence action, plaintiff must prove that the defendant failed to act as a reasonable person in the position of the defendant would have acted. true false
Answers
The statement "in a negligence action, plaintiff must prove that the defendant failed to act as a reasonable person in the position of the defendant would have acted" is True.In the legal system, negligence is a tort or legal action that occurs when one person breaches a responsibility to act in a certain manner that leads to damages or injuries to another person.
The tort of negligence requires a plaintiff to establish the following elements:1. Duty of Care: The defendant owed the plaintiff a legal duty of care to refrain from causing harm.2. Breach: The defendant breached the legal duty of care that they owed to the plaintiff by failing to act as a reasonable person in the position of the defendant would have acted under similar circumstances.3. Causation: The defendant's negligence was the actual and proximate cause of the plaintiff's injuries.4. Damages: The plaintiff suffered damages as a result of the defendant's negligence.In a negligence action, the plaintiff must establish that the defendant breached the duty of care by failing to act as a reasonable person in the position of the defendant would have acted.
The duty of care can vary depending on the circumstances of the case, but the plaintiff must demonstrate that the defendant's conduct fell below the standard of care expected of a reasonable person in a similar situation.In conclusion, it is correct to say that in a negligence action, the plaintiff must prove that the defendant failed to act as a reasonable person in the position of the defendant would have acted.
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Describe the parts of the medieval court system which are still used in our american court system today.
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The American legal system still uses a judge and jury, two components of the medieval court system.
The federal and state branches of the American judiciary are set up differently. Federal judges are appointed by the President of the Republic, with input from the Federal Senate and the National Bar Association, rather than elected, which is how they are chosen in most states. The concept of judges has been around since the Middle Ages.
A judge-led jury in the US is also used to present civil and criminal cases to potential jurors. Additionally, since the Middle Ages, this trait has been prevalent.
The judge serves as the law's ultimate arbiter. It is the judge's responsibility to state the law in a positive manner. When it comes to the presentation of evidence by counsel during a trial, the judge acts as an impartial "umpire." Additionally, the judge must decide on admissibility and instruct the jury on how to apply the law. The judge is also responsible for maintaining discipline in the courtroom. On rare occasions, the judge may also serve as the fact-finder if all parties agree. A "bench trial" is what this is. With the Senate's "advice and consent," the President appoints judges to federal courts. The electorate chooses a large number of state court judges.In most trials, the facts are decided by the jury, a group of local citizens. The jury will receive legal instructions from the judge, and in order to reach a verdict, the members will evaluate the facts as they see them in the context of the legal guidelines.Learn more about Jury, here
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What are the pros and cons of requiring her to pay a $1,000 fine?
Answers
Answer:
Pros: She will learn from her mistake. Cons: It could be difficult to pay the fine and still be able to get essentials.
According to the constitution a writ of habeas corpus may not be suspended under what conditions.
Answers
According to the constitution, a writ of habeas corpus may not be suspended under normal conditions unless there is a rebellion or invasion, and if the public safety requires it.
Writ of Habeas Corpus is a fundamental principle of the United States legal system. The Constitution states that habeas corpus is a crucial legal instrument for protecting individual freedom against arbitrary state power. The Constitution specifies that this right may only be suspended in cases of rebellion or invasion and when public safety requires it.
The writ of habeas corpus is an essential right because it protects individuals from arbitrary or unjustified imprisonment. The suspension of habeas corpus is usually a significant political event since it implies that the government is no longer bound by legal constraints to maintain law and order in society.
During a time of rebellion or invasion, the government may need to suspend the writ of habeas corpus to deal with the crisis effectively.
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Jane Roe sued the state of Texas because she wanted to avoid an illegal activity. to secure her privacy rights. to challenge the Ninth Amendment. to have a state law declared unconstitutional.
Answers
Answer:
to have a law declared unconstitutional
Explanation:
Jane Roe sued the state of Texas because she wanted to have a law declared unconstitutional.
What is the right Jane Roe fought for?Jane Roe fought for the right for an abortion which was covered under the right to privacy.
Howver,, because the Texas law prohibits abortion, the case between her and the state led to the Supreme court for final ruling.
Therefore, the Option D is correct.
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The rule of law for the following case briefs:
-State v. Laura 1995
-McClain v. State 1997
-State v. Jefferies 1994
-Benning v. State 1994
Answers
The political tenet of the law of the land is that all individuals and organizations within a nation, state, or community, including legislators and authorities, are subject to the same laws.
By the rule of law, what do you mean?The concept of the law's rule states that everyone is subject to the law equally and that no one is above the law.
State v. Laura: To establish a crime, the prosecution must demonstrate each element beyond a possible suspicion.
McClain v. State: If the plaintiff's constitutional rights were infringed, the conviction could be overturned.
State v. Jefferies: Self-defense requires a justifiable use of force.
Benning v. State: Anecdotal evidence evidence can be admissible if it comes under a deeply entrenched hearsay exception.
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Who does the president of india need to approach if he needs to interpret the constitution
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In India, the President does not have the authority to directly interpret the Constitution. The power of interpreting the Constitution lies primarily with the judiciary, particularly the Supreme Court of India.
The President, as the head of state, acts on the advice of the Council of Ministers and exercises executive powers.
If the President needs to understand or seek an interpretation of the Constitution, they may consult legal experts, constitutional scholars, and the Attorney General of India, who is the chief legal advisor to the government. The President may also seek legal opinions from the Council of Ministers and the Law Ministry.
However, when it comes to the authoritative interpretation of the Constitution, it is the role of the judiciary, especially the Supreme Court, to provide final and binding interpretations on constitutional matters through its judgments and rulings. The Supreme Court's decisions establish precedents and serve as guiding principles for the interpretation and application of the Constitution.
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The President of India needs to approach the Supreme Court of India if he needs to interpret the Constitution.
A constitution is a collection of principles that outline the duties and powers of a government, describe the fundamental rights and liberties of citizens, and provide a framework for governing the country. The Indian Constitution, for example, was written in 1950 and includes 448 articles divided into 25 parts, as well as 12 schedules. The President of India is the nation's head of state and commander-in-chief of the military. The President is elected by an Electoral College consisting of the elected members of both Houses of Parliament and the elected members of the Legislative Assemblies of the States. The President of India's term is for five years and can be re-elected for another term if he or she is deemed fit to do so.Interpretation of the ConstitutionThe Supreme Court is responsible for interpreting the Indian Constitution. When a situation arises where the meaning of the Constitution or its provisions is unclear, the Supreme Court can intervene to offer guidance and clarify any doubts. The President of India can approach the Supreme Court if he or she requires an interpretation of any constitutional provision.
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Can you discount alcohol in Texas?
Answers
Answer: Yes
Explanation:
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Which action is part of the naturalization process?
O A. Buying property in the United States
O B. Getting accepted to college
C. Serving in the U.S. military
O D. Passing a background check
Answers
Answer: b
Explanation: i pick b because accepted to college is better
analyze the impact of gender based violence on individual or community
Answers
Answer:
lower productivity and thus reduced economic output and growth, and increased pressure on social and health services.
Explanation:
An attorney negligently gives erroneous “curbstone advice” to his client. Can he be held liable for mis-representation? Buttersworth v. Swint, 186 S.E. 77 (Va. 1936)
Answers
In the case of Buttersworth v. Swint, 186 S.E. 77 (Va. 1936), the specific details and facts of the case are necessary to provide a comprehensive analysis. However, based on the information provided, it appears that the attorney in question may potentially be held liable for misrepresentation if certain conditions are met.
To determine liability for misrepresentation, several factors are typically considered, such as the attorney-client relationship, the nature of the advice given, and the consequences of relying on that advice. Additionally, the specific laws and regulations governing legal ethics in the jurisdiction where the case occurred would play a role in assessing liability.
When you recite the pledge of Allegiance, you are promising to uphold American ideals and values -- liberty, justice and equal rights for all. Explain how these ideals and values are reflected in your everyday life.
Answers
Answer:
Liberty in this context means "freedom". The freedom to do what you like (without breaking the law). Justice is an important hallmark of our democracy. Justice implies that whosoever is charged gets equal treatment from all members of society. It also implies that you're innocent until proven guilty, and are guaranteed due process (states must respect the rights of all individuals) and deliver impartial treatment. This leads to equal rights under the Constitution.
There is a good reflection of these three core ideals when you decide what career you want to take. Also, what religion, if any, you choose to practice. Moreover, the freedom of speech allows you to speak about your political affiliation without getting censored or even killed (compared to other systems of government). Finally, if you get a ticket, and did not commit a violation, then you are allowed to uphold your rights and are presumed innocent every step of the way.
Explanation:
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which of the following is a policy that provides benefit and cash payments to those who meet specific requirements 310l
Answers
The policy that provides benefits and cash payments to those who meet specific requirements is Social Security.
Social Security is a government program that offers financial assistance to eligible individuals, such as retirees, disabled persons, and their dependents.
It is designed to provide a safety net for those who are unable to work or have reached a certain age, offering them financial support in the form of monthly payments. These benefits are funded by payroll taxes paid by both employees and employers during the individual's working years.
Social Security is the policy that meets the criteria of providing benefits and cash payments to individuals who fulfill specific requirements, ensuring a basic level of financial support for those in need.
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Explain the symbolism behind the great open hand and the key above the Justice Gate at the Alhambra.
Answers
The Great Open Hand and Key symbolize justice, protection, and authority in Islamic architecture at the Alhambra.
Islamic architecture is rich with symbolism and the Great Open Hand and Key over the Justice Gate at the Alhambra is no exception. The open hand, also known as the Hand of Fatima or the Hamsa stands for blessings, protection and the banishment of evil. It stands for fairness and justice representing the ability of the law to defend the just and uphold justice. On the other hand, the key represents power, insight and access.
It stands for the key to knowledge, discernment, and discovering the mysteries of justice. The hand and key represent the concepts of justice, truth and divine power collectively, emphasizing the significance of upholding justice and seeking truth in the exercise of law. They act as a tangible reminder of the principles guiding a just and equitable society.
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Which of the following is an exception to the hearsay rule?
- A peremptory challenge
- an opening statement
- the presentation of evidence
- a dying declaration
Answers
Answer:- a dying declaration
Explanation:
I don't know.
The statement that serves as an exception to hearsay rule as regards this question is : D: a dying declaration.
Hearsay rule can be regarded as oral or written statements that is been produced by someone as a testimony in a court, whereby the court is asked to accept it so that it can serve as an evidence for truth.However, this rule is inadmissible but there are alot of exception to it, such as the case of dying declaration.Therefore, option D is correct.
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how to be smart like beetleguese
Answers
Answer:
that’s a hard one
What is the power to declare laws and executive orders unconstitutional?
Answers
The judicial branch has the authority to void laws that the legislative branch has passed.
Additionally, Congress has the authority to revoke an Executive Order by enacting legislation that nullifies it. (The President may, of course, veto such legislation; in that case, a two-thirds majority of Congress may override the veto.) Executive Orders are solely relevant to government workers. Private persons cannot be subject to specific limitations and regulations under an executive order.
They cannot be employed to pass a budget or repeal a law passed by Congress. Any Executive Order that has an impact on people who are not government workers is against Article I Section 1. The judicial branch also has the authority to declare a unconstitutional law to be unconstitutional, which allows it to check the executive and legislative branches' ability to enact laws.
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assuming that a decedent left no valid last will and testament, which of the following assets will pass by the laws of intestate succession? property in an inter vivos trust established by the decedent in which the decedent was the income beneficiary at the time of death, and the decedent's children were remainder beneficiaries property held by the decedent and his spouse as tenants in common property held by the decedent and his spouse as community property property in an inter vivos trust established by the decedent's father in which the decedent was the income beneficiary at the time of death, and the decedent's children were remainder beneficiaries a) iii and iv b) i, ii, and iv c) i and ii d) ii and iii
Answers
Here, two years before the decedent's demise, a life insurance policy on the decedent/grantor was converted into an irrevocable life insurance trust (ILIT) for the benefit of the decedent's children.
A life insurance policy is only a contract between a person and an insurance company, in which the business agrees to make a number of instalment payments over time in exchange for paying a set quantity of money to the individual's family or beneficiaries.
These payments, often known as "premiums," are frequently made yearly. The person who purchases the insurance is the policyholder. When an insured person passes away unexpectedly, life insurance ensures a lump sum payout to the insured's family.
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what department regulates tourism law here in the philippines?
Answers
Answer:
The Department of Tourism (Filipino: Kagawaran ng Turismo, DOT) is the executive department of the Philippine government responsible for the regulation of the Philippine tourism industry and the promotion of the Philippines as a tourist destination.
Answer:
The Department of Tourism
Explanation:
The Department of Tourism ( DOT) is the executive department of the Philippine government responsible for the regulation of the Philippine tourism industry and the promotion of the Philippines as a tourist destination.
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under the articles of confederation, most governmental power was retained by which?
Answers
The Articles of Confederation established a country that was "a league of friendship and permanent unity," but they gave most of the power to the state governments and very little to the federal government.
The Articles of Confederation functioned as the written constitution that outlined the responsibilities of the nation's national government following the United States' formal declaration of independence from Great Britain. State governments received the lion's share of power under the Articles, which formed a fragile central government and a loose confederation of sovereign states. All 13 states would have to concur on a change since the Articles demanded unanimous consent for any amendments. This rule made it impossible to modify the Articles after the war with Britain ended in 1783 due to the rivalry between the states. In the end, the Articles of Confederation failed because they were designed to keep the national government as ineffective as possible: there was no ability to enforce laws.
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