Answers
After a court has convicted and sentenced a criminal defendant, the defendant may file an appeal to a higher court, asking it to review the lower court’s decision for legal errors that may have affected the outcome of the case. If the appellate court grants the appeal, it may reverse the lower court’s decision in whole or in part. If the appellate court denies the appeal, the lower court’s decision stands.
The Right to Appeal :
If a conviction results from a defendant’s guilty plea, the defendant does not have an automatic right to appeal their conviction. In most jurisdictions, an appeal will be heard only if the defendant is granted permission to proceed by the appellate court. Criminal defendants who were convicted by a judge or jury at trial, however, have an absolute right to appeal their convictions. Additionally, all states which enforce the death penalty allow an automatic appeal of cases involving a death sentence. If a court acquits the defendant, the prosecutor may not appeal the verdict. Appealing a verdict of “not guilty” would violate the Double Jeopardy Clause of the Fifth Amendment. Prosecutors may, however, appeal all pre-trial rulings and decisions regarding the admissibility of evidence at trial.
Grounds for Appeal :
Potential grounds for appeal in a criminal case include legal error, juror misconduct and ineffective assistance of counsel.
Legal errors may result from improperly admitted evidence, incorrect jury instructions, or lack of sufficient evidence to support a guilty verdict..
A conviction may also be appealed if the defendant reasonably believes that the jury conducted itself improperly during deliberations or the trial itself. Jury misconduct includes the use of experiments, drug or alcohol abuse during deliberations or trial, and improper communications between jurors and witnesses or counsel.
Finally, criminal defendants often appeal their cases when they feel that they were not provided with adequate representation.
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Related Questions
Criminal profilers are studying a case in which there have been a string of home robberies. In each home, one murder has occurred. The profilers use what knowledge they have about the crimes and possible psychological clues to describe a possible suspect. This is called a
a, behavioral sketch
b, physical sketch
c, criminal hypothesis
d, pneumography
Answers
Answer:
a, behavioral sketch
Explanation:
not only did I take this exam, but the question emphasizes "possible psychological clues" and talks of what the crimes have in common. This would led to the answer being phycology related.
b, physical sketch is incorrect since this refers to a physical drawing which cannot express/draw psychological concepts.
c, criminal hypothesis is wrong, because not only has that never been a idea/concept/term taught but hypothesis is a step of the scientific method which is a module 9 concept, not a module 12 one.
d, pneumography is wrong since it is pneumographs are two rubber tubes filled with air that measure one's respiratory rate.
Why did China institute the one-child policy in 1970?
A) Disease levels were increasing.
B) To stimulate the economy.
C) Resources were becoming strained, and pollution was increasing.
D) Unemployment levels were too high.
Answers
China instituted the one-child policy in 1970 primarily because resources were becoming strained and pollution was increasing.
With a rapidly growing population, the government feared that they would not be able to provide enough food, water, and other resources to support their citizens. Additionally, pollution levels were skyrocketing, and the government hoped that limiting population growth would help to mitigate these issues.
While it is possible that other factors such as disease levels and unemployment were also considered, the main goal of the policy was to address the strain on resources and the environment. The policy remained in effect until 2015 when it was replaced with a two-child policy.
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The one-child policy in China in 1970 was instituted due to strained resources and increasing pollution. The goal was to control the rapid explosion of the population and to improve quality of life and environmental conditions.
Explanation:China instituted the one-child policy in 1970 due to resources becoming strained and pollution increasing, as represented by option(C). The government's main aim with this stringent policy was to limit the rapid growth of the nation's population. By controlling population growth, the Chinese government hoped to alleviate social, economic, and environmental issues. With fewer people to provide for, the government believed they could improve quality of life, slow down the effect of the population on scarce resources, and mitigate the impact of human activities on the environment.
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Does the president have the power to lead the U.S. Armed Forces? Or is that up to the Congress?
Answers
Answer:
The Constitution explicitly assigns the president the power to sign or veto legislation, command the armed forces, ask for the written opinion of their Cabinet, convene or adjourn Congress, grant reprieves and pardons, and receive ambassadors. Commander-in-chief. The president of the United States is the commander-in-chief of the United States Armed Forces and as such exercises supreme operational command over all national military forces of the United States.
FOREIGN CORRUPT PRACTICES ACT CASE BRIEF
FIND THE FOLLOWING CASE AND BRIEF IT...
KIRKPATRICK V. ETC, INTERNATIONAL, 493 U.S. 400 (1990)
When briefing the case it needs to have a paragraph each for the facts, issues, rule, answer and the conclusion
Answers
Kirkpatrick v. Environmental Tectonics Corp., International, 493 U.S. 400 (1990) is a case that focuses on the Foreign Corrupt Practices Act (FCPA).
ETC International is a company that provides simulation and control systems to aerospace, aviation, and defense industries. In an attempt to secure a contract with the Mexican government, ETC made several payments to Mexican officials in the early 1980s. Kirkpatrick, a shareholder of ETC, sued the company, claiming that these payments were made to obtain favorable treatment and violate the FCPA.Facts:Environmental Tectonics Corp. (ETC) is a firm based in Pennsylvania that offers simulation and control systems for aviation, aerospace, and defense businesses. In the early 1980s, the company sought to secure a contract with the Mexican government and, as part of that effort, made various payments to Mexican officials. Kirkpatrick, a shareholder of ETC, filed a suit against the firm, alleging that the payments were made to secure favorable treatment and that the payments were in violation of the Foreign Corrupt Practices Act (FCPA).Issues:The issue at hand is whether Environmental Tectonics Corporation (ETC) made payments to Mexican officials in the early 1980s to secure a contract with the Mexican government. In addition, whether the payments were made to gain a favorable treatment or violate the Foreign Corrupt Practices Act (FCPA).Rule:The Foreign Corrupt Practices Act (FCPA) is a U.S. law enacted in 1977 that makes it unlawful for companies that trade in the United States to pay bribes to foreign officials to obtain business deals.Answer:The United States Supreme Court, in this case, ruled in favor of Environmental Tectonics Corporation (ETC) and overturned the decision of the Court of Appeals. The Court held that the FCPA did not apply to this case since the payments made by ETC were not in connection with obtaining or retaining business. The Court also held that the SEC cannot enforce the FCPA with a civil action, and only the Department of Justice (DOJ) can. Finally, the Court found that a private party has no right of action under the FCPA.In conclusion, the Court's decision in Kirkpatrick v. Environmental Tectonics Corp., International, 493 U.S. 400 (1990), clarified the scope and limits of the Foreign Corrupt Practices Act. Although ETC made payments to Mexican officials, the Court held that the payments did not violate the FCPA because they were not made in connection with obtaining or retaining business. As a result, the Court overturned the decision of the Court of Appeals and held that Kirkpatrick had no right of action under the FCPA.
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When two vehicles are approaching each other and signaling to turn left, both
vehicles should take the inside path, the lane closest to the center. They will complete
the turn by turning in
of each other.
Answers
Answer:
What are you asking? True or False??
What can be derived from a firearm and its projectiles?
Answers
Firearms and their projectiles can provide important clues and evidence in criminal investigations and can help experts better understand the performance and characteristics of firearms.
What informs firearms and their projectiles?Firearms and their projectiles can provide a wealth of information to investigators and forensic experts in criminal investigations, as well as to engineers and researchers studying the performance and characteristics of firearms.
From a firearm, one can determine its make, model, and caliber. The firearm's serial number can also be used to trace its ownership and history. The condition of the firearm can provide information about its maintenance and use.
From the projectile, one can determine the caliber, type of bullet, and the angle of impact. The projectile's trajectory can be used to determine the location of the shooter and the direction of the shot.
Forensic experts can also analyze the gunshot residue left on the firearm and the shooter's hands to determine if the person fired the weapon. The presence of fingerprints or DNA on the firearm can also be used to identify the shooter.
Overall, firearms and their projectiles can provide important clues and evidence in criminal investigations and can help experts better understand the performance and characteristics of firearms.
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Explain the difference between state laws and guidelines.
Answers
Question: 1) Do you agree or disagree with the
popular myth that Texas is overly provincial – that is
intolerant and overly critical of government? Why or
why not? 2) If you agree, what do you think state
government and the people of Texas could do to
foster more "openness" in Texas? 3) Do you
generally agree or disagree with Colin Woodard's
theory regarding political culture in America? Why
or why not? 4) With Schumpeter's theory of
"creative destruction" in mind, in your opinion what
might be the next technological wave that will
change or significantly influence the Texas economy?
Why?
Answers
Answer:
Yes I do agree
Explanation:
significantly intolerant and overly critical of government? Why or
why not? 2) If you agree, what do you think state
government and the people of Texas could do to
foster more "openness" in Texas? 3) Do you
generally agree or disagree with Colin Woodard's
theory regarding political culture in America? Why
or why not? 4) With Schumpeter's theory of
"creative destruction" in mind, in your opinion what
might be the next technological wave that will
change or significantly influence the Texas economy?
Yes I do agree as the changes are significant and influence the economy.
What is the myth of taxes. ?A myth is a traditional story that is based on early history and explains more naturla and special, phenomenon. It involves the supernatural events. The popular myth of the state of Texas is intolerance of critical government roles. They impact the economy of the Texas state and its people lives.
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2. Research and explain the kind of economic impact imprisonment can
have on a community.
Answers
Answer:
The high imprisonment rate in the U.S can have economic impact on social society, since incarceration can have effects like obstructing employment and increase rates of poverty.
the special provisions paragraph can be used by the licensee to
Answers
The special provisions paragraph can be used by the licensee to request any additional provisions beyond the standard contract terms.
The special provisions paragraph is a part of a license agreement or contract which is designed to specify any additional terms beyond the standard contract terms. This paragraph allows the licensee to request special provisions that may be specific to the needs of their company or business.
In essence, the licensee can use this paragraph to add additional provisions beyond the standard terms of a license agreement. These provisions may include items like additional warranties, service-level agreements, payment terms, or other terms that are specific to the licensee's needs. Once both parties agree on the special provisions, they can be added to the license agreement and become part of the binding contract.
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Question 6
5 pts
Officer Friendly observed Sam looking through the windows
of a closed Verizon cell phone store late at night. Sam
noticed the officer sitting in his police car looking at him and
Sam quickly walked away.
The officer thought Sam's actions looked suspicious.
Which of the following concepts apply to this situation?
Choose all that apply.
The officer has a basis to do a pat-down search of Sam for
weapons
The officer has a basis to conduct a full-body search of Sam
The officer has probable cause to arrest Sam
The officer has a basis to briefly stop and detain Sam and ask
him what he is doing
Answers
Answer:
The officer has a basis to briefly stop and detain Sam and ask him what he is doing.
Explanation:
Sam probably walked away because he did not want the officer to detain him.
Explain how the US Supreme Court related their reasoning for creating the Exclusionary Rule in Mapp v. Ohio to deciding the Good Faith exception in US v. Leon.
Answers
In US v. Leon, the Supreme Court created the Good Faith exception, which allowed evidence obtained through illegal searches and seizures to be admitted in court if the officers conducting the search relied in good faith on a search warrant that was issued by a judge but later found to be invalid. The Good Faith exception was created to ensure that officers conducting searches would not be punished for mistakes made by the court in issuing search warrants. The Supreme Court reasoned that if officers were punished for relying on the court's mistake, it would discourage them from enforcing the law, so the Good Faith exception was created to protect officers when they act in good faith.
define government from different authors
Answers
Answer:
Explanation:
Government and politics are two interrelated terms in social science. Government refers to a group of authorized people who govern a country or state at a given time. Politics refer to the process used by the government to govern the country or state. Government mainly refers to a select group of people whereas politics refer to a process.
Thomas, an attorney, enters into a contract of representation with Cybil to represent her in a probate matter. Which body of law applies to this contract?
Answers
Answer:
The body of law that applies to the contract between Thomas, an attorney, and Cybil for representation in a probate matter is contract law. This is because the contract creates a legal obligation between the two parties, and contract law governs the formation, interpretation, and enforcement of contracts.
QUESTION 3 3.1 3.2 3.3 3.4 3.5 3.7 3.8 3.9 (5X2) Who is the National Director of Public Prosecutions? Who is the Public Protector? Who is the Minister of Department of Justice and Constitutional development? Where is the Supreme Court of Appeal located? Where is the International Court located? Where is the Constitutional Court located? Who was the Chairperson of the State Capture Commission of Inquiry? What were the findings and recommendations of the report into the state capture commission of inquiry? (10) (14) (15) 3.10 What are the changes or amendments to the electoral system of South Africa which was signed by the President Ramaphosa (5)
Answers
National Director of Public Prosecutions: Shamila Batohi.
Public Protector: Busisiwe Mkhwebane. However, please note that the position of Public Protector is a seven-year term, and the specific person holding the position may have changed since my knowledge cutoff.
Minister of Department of Justice and Constitutional Development: Ronald Lamola. However, please note that ministerial positions can change over time, and there may have been a reshuffle or new appointments since my knowledge cutoff.
The Supreme Court of Appeal is located in Bloemfontein, Free State, South Africa.
The International Court you are referring to is likely the International Court of Justice (ICJ), which is located in The Hague, Netherlands.
The Constitutional Court of South Africa is located in Johannesburg, Gauteng.
Regarding the Chairperson of the State Capture Commission of Inquiry, as of my knowledge cutoff, the Chairperson was Deputy Chief Justice Raymond Zondo.
The Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector
The findings and recommendations of the State Capture Commission of Inquiry are extensive and cannot be summarized in a short response. The Commission's final report was submitted to the President of South Africa, and it contains a comprehensive investigation into allegations of state capture, corruption, and other related matters. It is recommended to refer to official sources or news outlets for the latest information and updates on the findings and recommendations of the report.
The amended electoral act now provides for the inclusion and nomination of independent candidates as contesters to elections in the National Assembly and provincial legislatures.
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How is the economic landscape gendered both globally and here at home? In general, do women have the same access to wealth and economic opportunity as men? In the USA? What unique problems do working women face?
Answers
The economic landscape is gendered both globally and within specific countries, including the United States. While progress has been made in promoting gender equality, significant disparities persist. The unique problem are Unequal Pay, Limited Career Advancement, Work-Life Balance, Discrimination and Harassment.
Globally, women face various challenges that limit their access to wealth and economic opportunities. Gender discrimination, cultural norms, and traditional gender roles often result in unequal access to education, limited job opportunities, and lower wages for women.
Women are more likely to be engaged in informal or low-paying sectors, experience a lack of representation in leadership positions, and face barriers in accessing credit and financial services.
Additionally, unpaid care work, such as domestic responsibilities and caregiving, predominantly falls on women, which can further hinder their participation in the formal economy.
In the United States, although women have made considerable strides in economic participation, disparities still exist. Women continue to face wage gaps, with women of color experiencing even wider disparities compared to their white counterparts.
The gender pay gap persists across industries and occupations, even when accounting for factors such as education and experience. Occupational segregation, where women are concentrated in lower-paying fields, is another contributing factor.
Women also face challenges in achieving leadership positions, facing barriers such as the "glass ceiling" and implicit biases.
Working women often encounter unique problems in the workplace. These include:
Unequal Pay: Women, on average, earn less than men for performing the same work, which affects their long-term financial security and economic independence.Limited Career Advancement: Women may face barriers in accessing higher-level positions and executive roles due to biases and gender stereotypes.Work-Life Balance: Balancing work and family responsibilities can be particularly challenging for women, as they often bear the primary responsibility for childcare and household duties. This can impact career progression and overall well-being.Discrimination and Harassment: Women may experience workplace discrimination, including gender-based biases, sexual harassment, and unequal treatment.For such more question on economic:
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Identify the 4 types of laws and give an example of each plz
Answers
case law
united states constitution
federal and state statutes
A developer and an investor had been in the real estate business for many years. Because of their long-standing relationship, the developer and the investor, neither of whom was an attorney, often dispensed with certain legal formalities when dealing with each other, thus saving the costs of lawyers' fees and other attendant expenses. The investor owned a parcel of land that the developer was interested in. At lunch one day, the developer offered to buy the parcel from the investor for $50,000. The investor accepted the developer's offer, and the parties agreed on June 15 as the closing date. The developer wrote out and handed the investor a check for $2,500 with "earnest money" written in the memo, and they shook hands on their deal. A few weeks before closing, the developer called the investor and told him she had changed her mind about purchasing the land because of a sudden economic downturn in the area. The investor appeared at the developer's office on June 15 with the deed to the land in his hand. The developer refused to tender the balance due, and the investor sued the developer for specific performance. Will the investor prevail? (A) No, because the agreement does not comply with the Statute of Frauds and is, therefore, unenforceable. (B) No, but the court will allow the investor to keep the $2,500 earnest money as damages. (C) Yes, because the $2,500 payment constituted part performance of the contract. (D) Yes, because the developer and the investor had established a course of dealing.
Answers
Answer:
Based on the given facts, the correct answer is (B) No, but the court will allow the investor to keep the $2,500 earnest money as damages.
Explanation:
The agreement between the developer and the investor to sell the land was a contract, which was formed when the developer made an offer to purchase the land and the investor accepted it. The fact that the parties did not use attorneys or put the agreement in writing does not necessarily make the agreement unenforceable. However, the agreement does not comply with the Statute of Frauds, which requires certain contracts, including contracts for the sale of land, to be in writing in order to be enforceable.
The payment of $2,500 by the developer to the investor constitutes earnest money, which is a deposit made by a buyer to show good faith and to bind the contract. If the developer breaches the contract, the investor is entitled to keep the earnest money as liquidated damages. However, the investor cannot force the developer to purchase the land or to perform the contract because specific performance is an equitable remedy, and the court will not compel the developer to perform the contract when the contract is unenforceable due to the Statute of Frauds.
Therefore, the correct answer is (B) No, but the court will allow the investor to keep the $2,500 earnest money as damages.
Brief the system of proportional representation
Answers
Explanation:
ROPORTIONAL REPRESENTATION
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Proportional representation, electoral system that seeks to create a representative body that reflects the overall distribution of public support for each political party. Where majority or plurality systems effectively reward strong parties and penalize weak ones by providing the representation of a whole constituency to a single candidate who may have received fewer than half of the votes cast (as is the case, for example, in the United States), proportional representation ensures minority groups a measure of representation proportionate to their electoral support. Systems of proportional representation have been adopted in many countries, including Belgium, Denmark, Finland, Greece, Hungary, Israel, Italy, Luxembourg, Norway, Russia, Spain, Sweden, and Switzerland.


Which of the following may NOT be cited as a primary source of tax law? US District court decision. Temporary Treasury Regulation. Revenue Ruling. Technical advice memorandum. Tax Treaty with Canada. Question 5 Which of the following taxes is NOT paid by wage eamers? FICA tax FUTA Social Security tax Medicare tax Income tax
Answers
A US District Court decision may NOT be cited as a primary source of tax law. A US District Court decision is not a primary source of tax law. Question 5: FUTA is the tax that is NOT paid by wage earners.
A primary source of tax law is a statute or regulation that contains the law on a specific topic. US District Court decisions are secondary sources that interpret primary sources such as statutes and regulations. Temporary Treasury Regulation, Revenue Ruling, Technical Advice Memorandum, and Tax Treaty with Canada can be cited as primary sources of tax law.
These are regulations and official interpretations of the law that are published by the government and carry the force of law. The Federal Unemployment Tax Act (FUTA) is a tax imposed on employers that funds state and federal unemployment insurance programs. Wage earners do not pay this tax. FICA tax, Social Security tax, Medicare tax, and Income tax are taxes that are paid by wage earners.
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you switch a track to save 5 innocent people or let them die, what would you do
Answers
Answer:
I mean if i dont know those 5 people i would just let them die
Explanation:
the criminal justice system is a major social institution that is tasked with controlling crime in various ways question 3 options: true false
Answers
The criminal justice system is a crucial social institution that is responsible for maintaining law and order in society. It is responsible for controlling criminal behavior through various means such as law enforcement, prosecution, and punishment.
True. The criminal justice system is a crucial social institution that is responsible for maintaining law and order in society. It is responsible for controlling criminal behavior through various means such as law enforcement, prosecution, and punishment. The institution of the criminal justice system plays a crucial role in ensuring that people feel safe and secure in their communities. It is a complex system that involves multiple agencies, including the police, courts, and correctional institutions. The criminal justice system is responsible for ensuring that criminals are held accountable for their actions and that justice is served. Overall, the criminal justice system is a vital institution that helps to maintain social order and promote public safety.
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In which of these states is it illegal to fall asleep in a cheese shop, NEW YORK, ILLINOIS, MASSACHUSETTS, PENNSYLVANIA?
Answers
Answer:
Illinois is the state where it is illegal to do this.
Among the given options, it is not explicitly illegal to fall asleep in a cheese shop in any of the states: New York, Illinois, Massachusetts, or Pennsylvania.
It's important to note that specific laws and regulations can vary within each state, and there might be local ordinances or specific circumstances where falling asleep in a cheese shop could potentially be considered a violation.
However, as a general statement, there are no known laws in these states that explicitly prohibit falling asleep in a cheese shop. It's always advisable to be respectful of the rules and policies of any establishment and to inquire about any specific guidelines regarding sleeping or resting on the premises.
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what are some qualities Electrical Engineers need? Check all that apply.
knowledge of life sciences
attention to detail
understanding of government guidelines
knowledge of computers and electronics
aptitude for problem solving
ability to convince and persuade others
negotiation skills
Answers
Answer: attention to detail
understanding of government guidelines
knowledge of computers and electronics
aptitude for problem solving
Explanation:
Electrical engineers are the engineers that are responsible for designing, developing, electrical equipment, that are manufactured.
Some qualities that electrical engineers must have include the fact that they must be able to pay attention to details, have knowledge of computers, understand government guidelines and be able to solve problems.
Answer:
b c d e
Explanation:
is correct pros to guy above me
relationship between case law and common law
Answers
Answer:
They are practically the same thing and are used interchangably.
Explanation:
neil broke his leg and spent several days in the hospital. his insurance provider paid his hospital bills directly rather than paying neil. what principle of insurance does this demonstrate?
Answers
The principle of insurance demonstrated by Neil's insurance provider paying his hospital bills directly, rather than paying Neil, is known as "Indemnity." The principle of indemnity is one of the fundamental principles in insurance, which ensures that the insured is restored to the same financial position they were in before the loss occurred without gaining profit or suffering a loss.
In Neil's case, when he broke his leg and spent several days in the hospital, he incurred medical expenses. His insurance provider, following the principle of indemnity, paid the hospital bills directly to ensure that Neil was not financially burdened by the cost of his medical treatment. This direct payment helps maintain the integrity of the insurance system, prevents any possibility of fraud or misuse of funds, and ensures that Neil is compensated only for the actual loss he suffered.
To summarize, the principle of indemnity is demonstrated by Neil's insurance provider paying his hospital bills directly, which helps maintain the fairness and effectiveness of the insurance system by ensuring that the insured party is restored to their original financial position without gaining or losing money.
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Which task should happen during the planning stage of a projec
A:reflect on the project outcomes
B: prevent set-backs
C: determine the budget
D: reschedule to account for project updates
Answers
Answer:
c. determine the budget
hope this helps!
Explanation:
typically, the most important elections on a state’s political calendar are
Answers
Typically, the most important elections on a state's political calendar are the gubernatorial elections, state legislative elections, and midterm elections.
Gubernatorial elections allow voters to choose the chief executive of their state, who wields considerable power and influence over a range of issues, including education, healthcare, economy, and public safety. These elections often attract significant attention, media coverage, and campaign spending, as they shape the political landscape and can have long-lasting impacts on the state's trajectory.
The outcomes of gubernatorial elections can also have broader implications for national politics, as state governors play a crucial role in shaping policy debates and party dynamics at the federal level.
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ပရဟိတဆိုတာဘာလဲ ရည်ရွယ်ချက်ဖော်ပြပါ
Answers
Answer:
what do you want ?
Explanation:
Of the following, turnout among young voters is likely to be highest among
black educated females
low-income male college students
young white, non-Hispanic males
non-college factory workers
Answers
Answer:
Black educated females