The judicial activist philosophy interprets the Constitution to include personal opinions and prejudices about what the text of the Constitution actually means and represents, not just what is explicitly written.
For example, the Constitution says you have the right to free speech under the First Amendment. But thanks to legal action, we understand that hate speech falls outside the scope of free speech.
Judicial activism is the decision of judges to overlook precedent or previous constitutional interpretations in order to protect individual rights or the broader political agenda.
The term can be used to describe a judge's actual or perceived approach to judicial review.
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Growing up in a rough neighborhood, Xavier learned to hotwire cars in order to get them started. He and his friends would look for an unlocked car, hotwire it, and go for a joyride if they were bored. He gathered knowledge on many kinds of cars. If given the opportunity, Xavier could take almost any car on the street he wanted. Into what class of criminal would Xavier MOST likely fall?
professional thief
persistent thief
shoplifter
occasional offender
The kind of Criminal that Xavier is going to be classified as going by this narrative is a persistent thief.
Who is a persistent thief?
This is a person that is known to continue stealing people's properties even though they have been successful before.
Unlike the professional thief, they do not steal in order to get paid. They continue in crime even though they may have tried to stop.
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within how many days of the last instance of harassment or discrimination must charges be filed with the eeoc?
Employees must file a complaint with the United States within 180 calendar days from the date the discrimination occurred. The Equal Employment Opportunity Commission reports discrimination.
The EEOC enforces laws that discriminate against people in the workplace based on race, color, national origin, sex (including pregnancy, gender identity and sexual orientation), religion, disability, age (over 40), or genetic information.
Harassment is prohibited.
Laws enforced by the EEOC also protect you from workplace harassment and penalties for filing a harassment complaint by you or someone you have a close relationship with (such as a relative or close friend).
This is called the right to protection from retaliation.
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11. What are the proper steps in processing a crime scene?
a. Isolate and secure the scene, search for evidence, submit evidence
b. Isolate and secure the scene, search for evidence, document the scene, collect and package evidence,
submit evidence to crime lab and maintain chain of custody
c. Isolate and secure scene, document scene, search for evidence, collect and package evidence, maintain
chain of custody and submit evidence to crime lab
d. None of the above
What are Mendel's 4 hypothesis?
The first of Mendel's four postulates and laws of inheritance is the principle of paired factors. The second is the principle of dominance. The third is the law of segregation or the law of purity of gametes, while the fourth is the law of independent assortment
Principles of Paired Factors: Postulate I
A character in an organism (diploid) is represented by at least two components. The two components are located at the same locus on the two homologous chromosomes. They might be a different or same representation of the same character. Alleles or allelomorphs are factors that indicate the same or alternate version of a character.
Postulate II. Dominance Principle:
The traits that occur in the hybrids of the F1 generation are always the dominant characters, and those that do not present in F1 progeny are always the recessive characters when two homozygous individuals with one or more sets of opposing characters are crossed.
Postulate III. Mendel's First Law of Inheritance, often known as the Law of Segregation or Law of Purity of Gametes:
When gametogenesis (the formation of gametes) or sporogenesis (the formation of spores), the two factors (alleles) of a trait that remain together in an individual, are randomly distributed to different gametes and then paired again in different offspring according to the probability principle, they maintain their identity and remain distinct. The law of segregation is sometimes referred to as the "law of purity of gametes" because two alleles remain together in their original, unaltered state without interacting, influencing, or combining.
Law of Independent Assortment (also known as Mendel's Second Law of Inheritance) Postulate IV:
Mendel considered two pairs of opposing characteristics and examined their inheritance after being pleased with monohybrid crossings (i.e., di-hybrid cross).
This law states that "the two components (genes) of each opposing character (trait) at the moment of gamete development assort or separate independently of the factors of other characters and become arbitrarily rearranged in the offspring."
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On the question of whether american laws applied to the overseas territory acquired in the spanish-american war, the supreme court ruled in the insular cases that?
The supreme court ruled in the insula cases that the American Constitution and laws did not apply to US colonies on the issue of whether American laws applied to the foreign territory won in the Spanish-American War.
The United States Constitution established the country's national government, established its core laws, and provided its citizens with a number of essential rights. Delegates to the Constitutional Convention in Philadelphia and Baltimore agreed on September 17, 1787, that the Bill of Rights solely applied to the federal government and not to any state governments. The Supreme Court continued to hold in United States v. Cruikshank (1876) that the First and Second Amendments did not extend to state governments even after the Fourteenth Amendment had been ratified.
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Alison, a data analyst and software engineer, worked for Dellis, Inc. When she joined Dellis, she signed an employment contract. In that employment contract, among other provisions, was an arbitration clause, which read:
"any disputes arising out of this contract of employment are subject to arbitration in accordance with the rules of the American Arbitration Association."
During her work for Dellis, Alison created a software program that would better track Dellis’ clients. Alison attempted to register for a patent to the program, claiming personal ownership in the rights to the software. Dellis learns Alison is applying for patent protection and claims the program was created as a result of Alison's work for the company and therefore it belongs to the company.
Alison files a lawsuit in Court. She is requesting that the Court enter a Declaratory Judgment--essentially an order that she is the rightful owner of the patent associated with the program.
Dellis immediately files a motion to dismiss Alison’s lawsuit. Should the court hear Alison’s lawsuit. Why or why not?
Any disputes arising out of this contract of employment are subject to arbitration in accordance with the rules of the American Arbitration Association. Was an arbitration clause.
What is employment?In most cases, employment refers to the status of having a paid job—of being employed. Employing someone is paying them to work. Employees are employed by an employer. Employment can also refer to the act of hiring individuals, as in We're trying to hire more women.
The term employment contract may include an employment arbitration clause, which means you agreed not to pursue any legal action against your employer in court. Instead, any disputes that you have with your employer must be settled through a process known as arbitration
Therefore, Thus option (A) is correct.
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What is state Mendel's law?
Mendel proposed three laws of inheritance- Law of Dominance, Law of Separation, Law of Independent Assortment.
Mendel's law of dominance states that "if a homozygous organism is crossed for the contrasting traits of the pair, only one trait of the pair will appear in the first generation."
The law of segregation states that all organisms contain two alleles for each trait, and these alleles separate (segregate) during meiosis, so that each gamete contains only one allele. increase.
Law of Independent Sorting - The law of independent sorting states that different traits and traits have different genes, which influence each other and classify independently of other genes.
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When is using your headlights required by Virginia law?
When is it legal in Virginia to use your headlights. Every vehicle operating on a Commonwealth highway must have functioning headlights and other lighting.
From dusk to dawn, when a driver can see no further than 500 feet, and when the windscreen wipers are in operation, headlights must be used. the USA: VIRGINIA Most drivers activate their windscreen wipers when it starts to rain. The requirement to also have the vehicle's headlights on is legal in Virginia. When the new year arrives, a number of new laws will go into effect in Virginia, including a limit on police ticket quotas, a new marijuana possession charge, modifications to medicinal marijuana licences, misdemeanour reporting requirements for school principals, among other things.
Virginia law at the moment According to Virginia State Law 46.2-1030, every driver on a route inside the Commonwealth must use lit headlights between the hours of sunset and daybreak. when rain, fog, sleet, or snow is the cause of the need for windscreen wipers.
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Mia offers Nevin, a building inspector, money to overlook the violations in her new warehouse. Nevin accepts the money and overlooks the violations. Mia is charged with the crime of bribery. The crime occurred when ?
a. Mia offered the bribe.
b. Mia decided to offer the bribe.
c. Nevin accepted the bribe.
d. Nevin overlooked the violations.
Mia has been charged with bribery. Mia committed the crime by offering the bribe. Bribery is punishable by imprisonment of any kind for a term up to a year, a fine, or both.
Bribery is defined as the offering, giving, soliciting, or receiving of anything of value in order to influence the actions of someone with a public or legal duty. This type of action results in matters that should be handled objectively being handled in the manner best suited to the decision-maker's private interests. Bribery is thus a crime, and both the offer and the recipient can face criminal charges.
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In cases where informed decision makers such as trained medical staff or governmental officials agree that a research study has the potential to benefit a large number of people, written informed consent from participants is not needed.
The correct answer is False. Written informed permission from participants is not necessary when knowledgeable decision makers, such as skilled medical personnel or government authorities, concur that a research project has the potential to be helpful to many people.
A fundamental tenet of research ethics is informed consent. Its goal is to ensure that human participants can enter research freely (voluntarily), that they are fully informed of what it means to participate, and that they provide consent before entering the study.
Respect for people demands that subjects be given the option to decide what will or won't happen to them, to the extent that they are capable. When appropriate criteria for informed consent are met, this option is granted.
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What are state laws called?
Answer:
State laws are called state statuses
What is common law and how is it created ?
Common law is decided upon by judges based on how statute law is interpreted. An inferior court in the same jurisdiction must abide by the court's ruling.
A corpus of unwritten laws known as common law is founded on judicially established legal precedents. In unique situations where the conclusion cannot be predicted based on existing statutes or written principles of law, common law influences the decision-making process.
The British custom that was introduced to North America during the colonial eras of the 17th and 18th centuries gave rise to the American common-law system. Australia, Canada, Hong Kong, India, New Zealand, and the United Kingdom are other countries that use common law.
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When is using your headlights required by Virginia law?
Virginia law states that one should use headlights when driving at night, during poor weather conditions and when using windshield wipers.
Motorists must drive at night with their headlights on. Virginia has not specified an exact time to use the searchlight. Instead, the law requires drivers to use their headlights from sunset to sunrise.
Drivers must use their headlights in bad weather.
By law, whenever rain, smoke, fog, snow, sleet, poor lighting conditions, or other adverse weather conditions reduce visibility and prevent him from clearly seeing people or vehicles on the road at a distance of 500 feet , must use headlights.
Finally, drivers should use their headlights whenever windshield wipers are used as a result of fog, rain, sleet, or snow. However, headlights are not required for intermittent wiper use in drizzle, sleet or snow.
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name at least 2 prison gangs
In our history, some of the most popular prison gangs includes:
Aryan BrotherhoodBlack Guerilla FamilyMexican Mafia (EME)La Nuestra FamiliaNeta Gang etc.What should we know about these Prison gangs?Prison gangs are criminal organizations that form in the penal system and operate within the United States' prison facilities. Each gang has its own set of symbols and ways for members to identify themselves as members of that gang. These prison gangs formed in various prisons over the course of several decades, and they are still active in the prison systems today.
Other facts about prison gang are as follows:
A prison gang is made up of 230,000 people who are incarcerated.In the prison system, there are approximately 52 active gangs, including six nationally recognized gangs.Prison gangs exist in all 50 states.The states with the most people involved in prison gangs are California and Texas.Prison gang violence increased 400% in 1996.Read more about prison gang
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a successful defense releases the defendant from partial or full liability for a tortious act.
a. true
b. false
A successful defense absolves the defendant of partial or total liability for a tortious act committed.
A term used to describe tortious behavior. Tortious behavior is thus defined as any behavior (other than breach of contract) that can be sued for as a civil wrong. Tort liability means that someone is held responsible for wrongdoing (other than under contract.). Torts are associated with civil court claims. It is a branch of English common law intended to right a wrong (violation of common law, social norms, or civil law) without resorting to criminal punishment. Tortious liability is the liability of the state for the tortious acts of its servants. Tortious liability is the liability of the state for the acts of omission and commission, voluntary or involuntary, and brings it before a court of law.
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The #13 is spray painted on the side of a liquor store. What night this mean to police?
Answer:
The number 13 correlates to the 13th letter of the alphabet M. Short for Eme or the Mexican Mafia.
Tagging is normally a way for gangs to mark their territory.
Describe TWO ways in which the above law protects citizens against human right violations
Answer:
they are part of UN and they are not oppresive
Explanation:
What law states that two alleles for a heritable character separate during gamete formation and end up in different gametes?
Mendel’s second law states that two alleles for a heritable character separate during gamete formation and end up in different gametes.
By the law of segregation, parents with two copies of each gene can inherit any allele. Both alleles are equally likely to end up in a fertilized egg.
By the law of segregation, each allele is its own entity, always equally likely to be passed on to the next generation.
This means that alleles are inherited in the same way and with the same frequency regardless of whether they are dominant or recessive in relation to other alleles.
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an individual who has been the subject of a crime can prosecute the alleged criminal
True, a person who has been the victim of a crime can prosecute the alleged criminal.
Alleged: stated to be true but not yet proven to be true; the crime may be referred to as the "alleged crime" until the trial is completed.To allege is to assert or claim something as true; to make an allegation. [Last updated by the Wex Definitions Team in June 2021] criminal justice. Prosecute means to initiate criminal proceedings against someone in criminal law. The prosecuting attorney, for example, a local District Attorney, state Attorney General, or federal United States Attorney, initiates such actions. Alleged can also be used as the past tense of the verb allege, which means to claim before or without proof.
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Why would a lawyer allow a paralegal to assist defending a client in a criminal trial? (Select all that apply.) To prepare drafts of documents for the lawyer to review. To deal with the client so the lawyer can focus on issues of law. To get help with research. To help prepare the case for trial.
Answer:
I think it's "To get help with research. To help prepare the case for trial."
Explanation:
Which of these is NOT one of the most common five ethical breaches you will see as a leader?
Bullying is not one of the most common ethical breaches one will see as a leader. The Option D is correct.
What does an ethical breach mean?An ethical breach occurs when someone within a system or community makes an ethical decision that sets a precedent for others to follow. The danger of ethical breaches is that they represent a fundamental shift in your organization's ethics.
Some examples of ethical breach include discrimination, safety violations, poor working conditions, and leaking confidential information. Bribery, forgery, and theft, while certainly unethical, cross over into criminal activity and are frequently dealt with outside the company.
Missing options "misusing company time counterfeiting theft bullying"
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cases involving citizens from two different states would be heard in a:
Answer:
The Federal Court
Explanation:
Which system has a central government and local units that implement the central government’s decisions?
A.
monarchical system
B.
unitary system
C.
federal system
D.
parliamentary system
Answer:
i think its c.................
Click this link to view O*NET Skills section for Lawyers. Note that common skills are listed toward the top and less common skills are listed toward the bottom. According to O*NET, what are some common skills needed by Lawyers
The lawyer should posses the quality of independence as well as good communication skills.
A Lawyer is someone who stands by the person and speaks for any person in the court. He is the one to present the case on behalf of the client and he represents the client in the court. A lawyer should posses certain skills in order to win the case. These qualities include the quality of having a good communication skill both written and verbal. It is necessary as the lawyer has to persuade the jury with his/her views. Some other qualities that a lawyer should posses include the quality of being aware with the current affairs going on in the world, the quality of working under pressure, the quality of research, quality of understanding people and so on.
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What is Mendel's first law ?
Which law passed by parliament led to a famous event where colonists dressed up as native americans and committed acts of vandalism and destruction?a. Stamp Actb. Sugar Actc. Townshend Actsd. Tea Act
The Tea Act was passed by parliament that led to a famous event where colonists dressed up as Native Americans and committed acts of vandalism and destruction.
Tea act is one of the intolerable acts that preceded the American Revolution. In the history of the British American colonies, Lord North's legislative maneuver was used by the British ministry to legalize the sale of English tea in the country.
All Townshend Acts charges were removed in 1770, averting a prior crisis. The only duty left was only tea, which since that peridd has been mostly imported into the Colonies by Dutch smugglers.
The Tea Act changed excise laws so that the financially precarious British East India Company could pay the Townshend duty and still shortchange its rivals in order to help it sell the 17,000,000 pounds of tea it had stored in England.
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If a new joint tenants with right of survivorship account is opened, all of the following statements are true except
If a new joint tenants with right of survivorship account is opened, checks cannot be drawn in the name of either party.
The right of survivorship is a right that bestows each tenant an undivided interest in the whole estate.
The tenant’s interest disappears when one tenant dies. Also, the tenants’ shares increases proportionally and obtain the rights to the entire estate.
Tenancies that posses the right of survivorship can be divided into two types- joint tenancy and tenancy by the entirety.
In a joint tenancy, the right of survivorship may be severed, converting the estate to a tenancy in common, by means of partition. This can either be voluntary or involuntary.
On the other hand, where there is a right of survivorship in a tenancy by the entirety, it may be may be severed by divorce, mutual agreement, or even by execution by a joint creditor.
However, the right of survivorship cannot be terminated by an involuntary partition in a tenancy by the entirety,
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The question is incomplete. the complete question is:
If a new joint tenants with rights of survivorship account is opened, all of the following statements are true EXCEPT:
A) orders may be given by either party.
B) in the event of death, the decedent's interest in the account goes to the other party.
C) checks may be drawn in the name of either party.
D) mail may be sent to either party (with the permission of each party).
In 2028, the Republican Party controls the U.S. Senate and
the Democratic Party controls the U.S. House of
Representatives. Each party hopes its candidate can win
the presidential election, giving the party more of a say in
the country's policies. It's a close race in the end, 51
percent of Americans vote for Republican candidate Ted
Torres. Former U.S. senator Rosa Marcus, the Democratic
candidate, receives 5 more electoral votes than Torres -
just enough for her to reach a total of 270 electoral votes.
According to the rules of the Electoral College, Marcus will win the election.
What adjustment to the Electoral College would change this outcome?
Answer:
A. All states splitting their electoral college votes between candidates based on what percentage of the Popular vote won.
Explanation:
Since Torres has the popular vote he would have the advantage to gain more electoral votes, but even with than, it doesn't guarantee a win in face:
Democratic Popular vote comes mainly from the State of California, and the NorthEast Section of the United States, the rest of the state follow alone, to give them more votes, although this is happening Marcus could still pickup several states, and electoral votes, even if Torres has more votes, not to mention safe states.
What is another name for federal and state laws?
Another name for federal and state laws is regulation, which means any applicable requirement imposed by any federal, state, or other law or regulation.
Federal law applies to all states in the United States, but state law is specific to a particular state. This means that state laws can vary from state to state.
So while you can do something legal in one state, the same act can face serious consequences in other states.
State law talks about the basics of right and wrong, while federal law addresses broader issues such as civil rights, criminal law, and immigration law. Both state and federal law are blanket issues, so there are conflicting situations.
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What did William Blackstone believe the purpose of law was?
The purpose of Blackstone's commentary on England law was to provide a readable source of common law for most people.
This work was divided into his four volumes:
Human rights, property rights, private and public wrongs.
One of his core beliefs is that laws are designed to protect the innocent, not to convict the guilty. Blackstone thus worked for a law firm that did not plead guilty to defendants.
Another of William Blackstone's beliefs was that citizens had certain rights that they could exercise against what they considered government excesses, including freedom of the press.
William Blackstone's third great belief was that all laws come from God, or at least from the natural order of the universe.
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