Deferring to another court’s decision on a prior matter in order to decide on a new controversy is known as:
Answer:
Stare decisis is a legal doctrine that obligates courts to follow historical cases when making a ruling on a similar case. Stare decisis requires that cases follow the precedents of other similar cases in similar jurisdictions.
Explanation:
Answer:
American courts follow the doctrine of stare decisis, which requires them to defer to previous cases on similar issues. Such cases are referred to as "precedents." Part I of this Commentary will provide an overview of precedent's role in the American legal system.
Explanation:
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Which amendment to the U.S. Constitution grants the right to a jury trial in state criminal proceedings
Answer:
27th amendment
Explanation:
Mr. Tan signed a contract to buy an apartment that has an area of 120m2 on the 12th floor of a 15-story building project invested by Ltd Company Vina Construction. When receiving the apartment, Mr. Tan was surprised to find out that it is on the 12B floor (Actually the 12B floor is the 13th floor) of a 19-story building. Mr. Tan complained to the investor about his apartment location in reality and required to move to the 12A floor or to the upper floor. Nonetheless, the investor disagrees and alleges that, according to the building numbering, Mr. Tan's apartment is still on the 12th floor. The apartment purchase and sale contract between Mr. Tan and Vina Construction did not specify it is on the 12A or 12B floor; thus, the company has the right to arrange this apartment on any 12th floor. Moreover, all usable areas and functions of the apartment on the 12B floor remain the same as described in the contract. Therefore, Mr. Tan has no right to complain to change the its’s location.
Mr. Tan is very angry with Vina Construction’s feedback and wants to seek legal help.
As Mr. Tan's lawyer, please advise Mr. Tan on the following issues:
1. Does Ltd company Vina Construction breach the contract signed with Mr. Tan? If so, what are the violations?
2. Which of the following ways Mr. Tan should choose to protect his rights: (1) Negotiate with Vina Construction on how to resolve the dispute, (2) Sue this company to court to ask for the exchange of the apartment location or demand the company to return the money he paid to buy the apartment? Give legal reasoning for your choice.
Based on the original agreement made, regardless of the numbering, the apartment is on the 13th floor.
What is a Contract?This refers to the legally binding agreement that is signed by two or more parties about a particular thing.
The violation which Vina Construction made in the original agreement was they did not mention that the 12th floor would be on the 13th floor, with different numbering.
The legal advice that I would give Mr. Tan about protecting his rights is that he should negotiate with Vina Construction on how to resolve the dispute.
This is because, going to court to seek redress would take a long time and an out of court settlement would be best if Mr Tan wants to quickly get his apartment.
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Based on emerging patterns in where civil lawsuits are heard, what kind of court is most likely to hear a civil suit over a divorce settlement
The Trial court is the court that is most likely to hear a civil suit over a divorce settlement.
What is a Trial court?This is a court that is primarily concerned with issuing a verdict on civil case where there is an evidence and testimony to be considered.
Most time, the settlement of divorce matter are handled by lower court such as magistrate court etc.
Therefore, the Trial court will hear a civil suit over a divorce settlement.
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If your mp3 player is stolen from your apartment, what type of insurance would it be covered under?.
The type of insurance which a stolen mp3 music player would be covered under is Renter's insurance.
What is Insurance?
This refers to the financial coverage for a product or item that a premium is paid for in the eventuality of any unfortunate thing happening to the thing or person.
Hence, we can note that in the case of an mp3 music player being stolen from a house apartment, it would be covered under renter's insurance because it is the property of the owner and is already insured against theft.
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Sierra Foxtrot Airport called for tenders for supplies of green seed for its runway surrounds,
with a closing date of 1 June. The following tenders were submitted:
.
Green Grow hand-delivered its tender on 29 May, which went into the tender box.
Sow This! posted its tender on 15 May. This letter was received by Sierra Foxtrot on
17 May, but, by being submitted so early, one of the administrative assistants filed it
with the intention of later putting it in the box when she was properly organised.
Grassy Plains posted its tender on 30 May. This letter arrived on 2 June but
nevertheless was put into the tender box.
.
It transpired that only two of the tenders were considered by the relevant Sierra Foxtrot officers.
The administrative assistant forgot where she had filed the Sow This! tender and did not find
it again until a week after the decision was made. The tender by Sow This was actually the
lowest and contained the most attractive features.
Green Grow's tender was the next lowest, but Sierra Foxtrot had heard rumours about its
unreliability. The airport therefore awarded the contract to Grassy Plains. Sierra Foxtrot posted
a letter to Grassy Plains advising that its tender was successful. Unfortunately, this letter never
reached Grassy Plains because it was destroyed by a disgruntled postal worker who had just
been made redundant. Since it had not heard from Sierra Foxtrot, Grassy Plains instead
committed its full stock of seed to another contract with a regional council.
Sierra Foxtrot became aware of the full situation concerning the tender by Sow This! and the
position in which Grassy Plains now finds itself.
Sierra Foxtrot seeks advice concerning its contractual position in relation to all three tenders.
In law, the key for the contractual relationship will be contractual intent, consideration, and execution.
What is a contractual relationship?It should be noted that contractual relationship simply means the written agreement regarding the operation between the parties.
Contractual intent implies that the party intends to enter the agreement. The agreement won't be enforceable if there is no purpose to create legal relations.
In conclusion, the execution is the signing of an agreed contract.
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In the state of georgia, if you are 21 years old or older, a bac of _____ or higher is considered dui.
What is the difference between SWAT and FBI SWAT?
Answer:
Swat are there to control dangerous people. For example, they were called during the L.A shootout of 1997. The fbi can solve National crimes, kind of like the s.w.a.t of detectives.
Explanation:
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Adam hired Sally to install double glazing in his house. They agreed that Sally would fit 6 windows for $1,000. After Sally fitted 4 windows, she realized that the work was a lot more demanding than originally
anticipated.
She notified Adam that she would need another $200 in order to finish the work before the summer rains started. Adam, concerned that his house might be damaged if the work was delayed, agreed to pay the extra amount.
Sally finished the work and invoiced Adam for $1,200. Adam is reluctant to pay the additional $200. Advise Adam of his legal options. (20 marks)
Answer: Adam could consult with Sally regarding cancellation fees, considering the exchange had already begun.
Explanation: When Adam purchased the service, even though he originally agreed on 6 windows for $1,000, he still met a mutual agreement with Sally to pay the additional $200. Once the work is finished, Adam can no longer be reluctant to pay, especially when prompted reasonably.
What role do victims have in sentencing?
Answer:
Well the victim has the right to be heard which is that victims can give their statements in court. Not all states allow the victim to be heard, it honestly just depends on where you are.
Fifteen-year-old Tanya entered an 'apprenticeship' contract for three years which required her to train 12 hours a day, seven days a week and perform only in shows arranged by Ramona, a famous ballet teacher. In return, Ramona promised to provide Tanya with room and board and £25 a week spending money. Ramona had an option to renew the contract for another three years. When she turned 17, Tanya took up a part-time position as a cheerleader for a basketball club and this caused her to miss some lessons and ballet performances. Ramona sued Tanya for breach of her contract of service. Advise Tanya whether Ramona is likely to succeed in your jurisdiction.
The advise that should be given to Tanya in this situation is the fact that she cannot be sued by Ramona due to the fact that the contract can be considered as a voidable one.
What is a voidable contract?
This a contract that was entered between two parties that may not be enforceable due to several existing legal reasons.
This contract is voidable due to the age of Tanya. She was 15 when she entered the contract. This age is considered as a minor age.
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What are some common grounds for habeas corpus relief?
What is the process of probation or parole revocation?
Answer:
Probation (or parole) is the act of releasing an offender of the law from detention for good behavior, albeit under supervision. Parole revocation is the administrative act of putting that offender back into detention for breaking the terms of their parole (or probation).
A liberal response to the ""strained resources"" of local government most likely would include.
A liberal response to the ""strained resources"" of local government is an increase in Federal spending on public education.
What is a government?It should be noted that a government simply means a group of people that are elected to rule a state.
In this case, a liberal response to the ""strained resources"" of local government is an increase in Federal spending on public education and more programs aimed at helping lower income communities.
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Gidgits Galore can request "Superfund" (or CERCLA) assistance to assess and clean up the brownfield (i.e.
real property, possibly contaminated, considered for reuse) that it would like to develop for another gidgits
factory.
O False
O True
Answer:
False
Explanation:
Case Study Ahmad and his friend, A.G. Pennypacker, have come up with a great idea they have developed a fluoroelastomer liner (a rubber lining) for oil tankers. With this innovation, they believe they can eliminate most oil spills that result from tanker accidents. The liner is highly resistant to fluctuations in temperature as well as physical punctures Ahmad wants to set up a company, but is unsure of his options and has come to you for advice for the type of business entity formation he should select. He has the following concerns: 1. He does not want his other business concerns being held liable should there be a lawsuit arising from use/sale of this product. 2. He wants an entity form that will minimize his tax liability. Based on the entity forms detailed in Chapter 35, select one you feel satisfies his concerns. Make sure to explain why it is the best for Ahmad and Pennypacker.
The option that is going to be the best choice for Ahmad and his friend is the Limited liability Partnership.
Why the Limited Liability would be the best choiceThis is because if the partnership is formed, no partner is going to be liable for the conduct or the negligence of the other person.
Each of the members is not going to be held liable in a way that is more than the share that they have.
The LLP is also going to reduce the tax liability that he has. Therefore this option is the best for him.
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Paul is a dapper dresser. He always has virtually every item in his wardrobe hand- made. He decides he requires another few suits and attends the fitting rooms of Bim and Bam. He selects a fine wool suiting and is measured by their apprentice tailor. As is customary he pays Bim and Bam first; after some fitting he takes delivery of the suit. Paul finds that the cuffs which he has on the sleeves of the suit are an inch long. Paul always has them 5/8 of an inch long. He also found that the trousers have loops for a belt when his standard requirement is for buttons for braces; there are sundry other requirements with which he is unhappy. His niece Pauline is a failed law student and remembers a case in which the owner of a swimming pool which did not meet specification was obliged to accept it and claim damages. She tells her uncle that the same principle applies here. He comes to you to confirm Pauline’s advice; he wants to reject the suit and claim damages for breach of contract. Can he? Please advise. (20 marks)
AnsAnswer: Yes, he can.
Explanation: When purchasing a service or product, you may find yourself paying in advance for a product, and when given specifications about the product, they must be met by the retailer, or they would face legal consequences, be declared untrustworthy and a scam, and possibly lose a business license. The consumer payment for a swimming pool that was not of correct dimensions is not a liability of the consumer agreement, it is a fault by the producer.
Also, in the questions it mentions "a failed law student" which is a red flag in itself.
how can discussions, projects, campaigns, and events support victims of GBV
Discussion, projects, campaigns, and events provide a supportive base for the victims of GBV by creating awareness and platforms for voicing out grievances.
What is GBV?GBV means gender-based violence.
GBV refers to the physical, s-xual, mental, or economic harm inflicted on a person because of socially ascribed power imbalances between males and females.
All GBV activities are human rights violations.
Thus, by spreading awareness, communicating gender-based violence, and giving the victims a platform to report their grievances and get mass support, discussions, projects, campaigns, and events support victims of GBV.
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After 26-year-old Kayden failed a sobriety test when he was pulled over, he was arrested for driving under the influence. He has never been in trouble before and admits that he had too much to drink before getting behind the wheel. Thankfully, Kayden was pulled over before anyone was hurt. The magistrate decides that Kayden does need to face the charge against him. Given his history and the crime, where will the magistrate MOST likely send Kayden?
A. He will release Kayden on his own recognizance.
B. He will release Kayden into the custody of his parents
C. He will set bail for Kayden at $40,000.
D. He will detain Kayden in jail until the trial date.
Answer:
C. He will set bail for Kayden at $40,000
Explanation:
Since he has never committed a big crime, but he has now, the judge will most likely give him a chance with a bail but Kayden will still have to face the consequences of drink driving.
The containment policy articulated by george f. Kennan in 1947 proposed.
Answer:
What policy was proposed by George F. Kennan What does containment mean?
Containment was a foreign policy strategy followed by the United States during the Cold War. First laid out by George F. Kennan in 1947, the policy stated that communism needed to be contained and isolated, or else it would spread to neighboring countries.
Explanation:
1. If a candidate for Governor runs against five other candidates and receives
less than 50% of the vote, did he/she win?
a. Yes
b. No
A county in which us state passed a law granting protective rights to sasquatch?.
Answer:
Washington
Explanation:
In a groundbreaking move, the state of Washington passed a law granting protective rights to Sasquatch, also known as Bigfoot, within its borders.
Located in the Pacific Northwest region of the United States, Washington has long been associated with Sasquatch sightings and folklore. The legislation, championed by local conservationists and cryptozoology enthusiasts, aims to safeguard the habitat and well-being of this elusive creature.
The law establishes protected areas where Sasquatch sightings have been reported, prohibits hunting or harming Sasquatch, and encourages scientific research to study and understand these enigmatic beings.
This historic step showcases Washington's commitment to preserving its rich natural heritage and fostering coexistence with its legendary inhabitants.
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is it inappropriate to brew traditional beer in terms of south african law
Answer:
Yes
Explanation:
In South Africa, brewing beer at home is legal for own consumption. However, it is illegal to sell the beer and now during the lock down period transporting alcohol is also prohibited.
What was the key point of the policy of containment?.
Answer:
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Explanation:
Containment: A tactical technique to stop the extension of a foe, most popular as the Cold War strategy of the United States and its partners to forestall the spread of socialism.
The 1967 u. S. Supreme court decision that declared unconstitutional the laws in sixteen states that prohibited interracial marriage was.
After making a child abuse report to the hotline, the mandated reporter must submit a written confirmation of the report within ____________ hours.
48 hours.
Explanation:
Reports must be confirmed in writing to the local investigation unit within 48 hours of the Hotline call.
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After making a child abuse report to the hotline, the mandated reporter must submit a written confirmation of the report within 48 hours.
What is report?A report is a written record of a judicial decision on a point of law that establishes a precedent. Not all decisions made in a court of law, no matter how interesting the facts of the case or the consequences, set a precedent.
Law, through the use of Law reports, allows for the checking of the accuracy of both the facts behind the decision and the rational argument behind the Judge's ruling, allowing for the establishment of a reliable precedent that other legal professionals can refer back to.
Therefore, The mandated reporter must submit a written clarification of the report within 48 hours of making a child abuse report to the hotline.
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how is politics and crime related?
Answer:
criminal laws are made by legislative assemblies that decide which acts are prohibited, and what punishments are appropriate for those that commit those acts in violation of the law. Obviously, politics influences the laws that assemblies pass.
Explanation:
crime is connected to laws since commiting a crime is essentially breaking a law/rule.
Answer:
What is the relationship between politics and criminal justice policy?
The Politics of Law Making
That is, criminal laws are made by legislative assemblies that decide which acts are prohibited, and what punishments are appropriate for those that commit those acts in violation of the law. Obviously, politics influences the laws that assemblies pass.
Explanation:
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What organization was formed to protect americans traveling by air?.
Answer: Transportation Security Administration
Explanation:
The sequence of effects from an increasing BAC is
linked to.
A. The amount of alcohol in a person's
bloodstream.
B. How quickly a person consumes alcohol.
C. A person's tolerance level of alcohol.
The sequencial effects from an increasing BAC is mostly linked to the amount of alcohol in a person's bloodstream.
What is the meaning of BAC?BAC means the blood alcohol concentration used by drinking of alcoholic content.
Generally, as the BAC increases in the blood, someone might experience a severe increases in your heart rate, irregular breathing, loss of bladder control etc
The effects from an increasing BAC is linked to the amount of alcohol in a person's bloodstream because the higher the content of alcohol, the higher the BAC.
Therefore, the Option A is correct.
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Demonstrating Reasoned Judgment-Based on your readings, determine the limits on a reasonable expectation of privacy.
Sometimes referred to as the "right to be left alone," a person's reasonable expectation of privacy means that someone who unreasonably and seriously compromises another's interest in keeping her affairs from being known can be held liable for that exposure or intrusion.