Lower court make decisions that can be reviewed or appealed to a higher (appellate) court.
What is lower court?A lower court, also known as an inferior court, is a court from which an appeal can be taken, usually referring to courts other than the Supreme Court. In the case of an appeal from one court to another, the lower court is the one whose decision is being reviewed; this could be the original trial court or an appellate court lower in rank than the supreme court hearing the appeal. In other words, lower courts are 'lower' in hierarchical chain of appellate procedure than other higher appellate courts.Even in civil law countries where precedents have no binding power, it is usually the obligation of a lower court to follow the decision of a higher appellate court.Hence, Lower court make decisions that can be reviewed or appealed to a higher (appellate) court.
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During a murder trial, the judge dismissed some of the evidence from the crime scene as invalid. Which reasons could possibly justify this dismissal?
A.
suspect’s DNA on the object
B.
victim’s fingerprint on the object
C.
police fingerprints on the object
D.
victim’s DNA on the object
Answer:
Answer is C
Explanation:
I took the test
Why are techniques or rules to interpret the meaning of statutes necessary?
The techniques or the rules that are used to interpret statutes are very necessary given the fact that they help to justify the decisions that are made by the judges that preside over cases.
What is a statute?The term statute has to do with the enactment that is established by the legislative arm of a nation as a legal document that has to do with the ways that the policies of the nation would have to be carried out as well as the laws and the regulations that are necessary in the area.
The use of statutes is very necessary because it is wha tis used to decide cases by the law courts. The judge would have to base jis decisions based on what the law expects him to do at the moment.
It is necessary to know the statutes so that a person would be able to know the true meaning of the terms that are contained in that statutes.
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Which group of core capabilities spans all seven community?
The gathering of center abilities that traverses every one of the seven local areas helps is planning, public information and warning, and operational coordination. Within mission areas, some capabilities are unique to the specific mission area, but not unrelated.
A seven Community lifeline ensures the coherency of basic government, and business capabilities, basic to human well-being and security as well as monetary security. Lifelines are the most fundamental local area evilnesses that, once different, grant any remaining qualities of society to work.
This assistance to bring together the mission regions and in numerous ways is vital for the outcome of the excess center capacities. These normal center capacities bring together the mission regions.
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What are strengths and weaknesses for social structure?
What happens when people drink alcohol beverages
Samantha operating a business on her own. Her Taxable income is $120,000 per annum but is expected to grow quickly when planned expansion is undertaken. There are prospects of exporting goods to Asia.
Present operations involve the manufacture and sale of electric goods. About 10 people are employed and most have been with Samantha for over 10 years. Employees are paid over-award wages and are given a lavish Christmas party for themselves and their families each year. At present Samantha pays for the party out of her own funds.
Samantha bought the premises 10 years ago and while the buildings are in good shape, the grounds need attention. A new driveway and landscaping are essential, and installation of a practice and testing area would greatly boost sales. New plant and equipment are needed as much of the existing plant and equipment have been held for over 10 years. It is still in working order and, although written off for tax purposes, has a market value of about $20,000.
Samantha has two inventions which she patented a year ago and these could be quite valuable. A lot of stock which is held could be scrapped as it is holdings of outdated equipment. Samantha and her sales manager need new cars. Debtors amount to $7,500 most of which probably are not collectable.
Samantha has life insurance cover of $30,000 but does not have any superannuation. She is 52 years old and plans to retire at 60. She has a partner who has no separate income. They have four children: a daughter aged 22 attending Harvard Law School, who has no Australian source income and is likely to remain in the USA after graduation next year, a son aged 17 who is about to start an apprenticeship with the business, and twin daughters who are about to start school (which will allow Samantha’s partner to work in the business on a part-time basis).
As a Tax Agent, Samantha comes to you for advice. In particular, Samantha wants to know whether she should incorporate. Prepare a report for Samantha advising her on the implications (tax and otherwise) of incorporating her business. Samantha would like to see in the report at least the following:
(a) a table summarising the advantages and disadvantages (tax and non-tax) of incorporating;
(b) a brief discussion of particular issues, presented under separate headings. Some suggested issues to cover are (Personal income tax, Driveway and landscaping, Trading stock, Costs and deductibility of incorporation, Rate of tax, Method of payment of tax, Long service leave, Fringe benefits tax, Capital gains tax, superannuation, Issue of additional shares, Imputation)
Advantages of Incorporating:
Limited Liability: Tax Planning: Access to Capital: Perpetual Existence:Disadvantages of Incorporating:
Compliance Costs: Increased Regulation:Double Taxation:How to explain the informationAs a sole trader, your business income is taxed as personal income. As a company, the profits are taxed at the corporate level, and then again when they are distributed as dividends to shareholders.
The costs of improving the grounds of your business may be deductible as a business expense if they are considered necessary for the operation of the business. However, if they are considered capital improvements, they may need to be depreciated over time.
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A là chủ sở hữu cty TNHH 1 thành viên. Hỏi A có được dùng danh nghĩa cá nhân của mình để mua cổ phần trong cty H k
Explanation:
đúng vậy, anh ấy có thểanh em yes, he can
Bentham and Kant agree on?
Answer:
Morality constrains individual self-interest
Explanation:
both authors believe that morality puts limits on what any given individual may do in the pursuit of his or self-interest. For example: Kant argues that one should never make a lying promise, even if is one's interest to do so; Bentham argues that one shoukd maximise everyone's aggregate pleasure minus pain, not only one's own.
State one reason why matric learners are more likely to experience interpersonal conflict with their peers
Answer:
Matric learners are the growing children in school. They face interpersonal conflict with their peers due to differences in ideology.
Explanation:
Matric learners, or high school seniors, may be more likely to experience interpersonal conflict with their peers due to the stress and pressure of preparing for final exams and the transition to post-secondary education.
What effect can intrapersonal conflict have on matriculants' personal growth?One who has recently been accepted into college or university and isn't well suited to such living circumstances is referred to as a matriculant. When an individual experiences intrapersonal conflict, they become disoriented and lose attention, which affects their performance and ability to engage with others.
As matric is the final year of high school, there may be heightened competition and tension among students as they strive to achieve good grades and secure admission to their desired colleges or universities. This can lead to conflicts over study groups, academic performance, and other related issues.
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1
Which statement best describes recent voter trends in the United States?
• A.
People living in the Midwest and the South mostly vote Democratic.
B.
Women since the 1950s mostly vote Republican.
C
People living on the US coasts mostly vote for conservative candidates.
D.
Cuban American families mostly vote Republican.
The correct answer is option (C) Women since the 1950s mostly votes Republican.
Why did Women since the 1950s mostly votes Republican?The Constitution was written in 1787, while the Declaration of Independence was signed in 1776. There were other occasions when the United States was founded than these. These seven men—George Washington, Thomas Jefferson, John Adams, Benjamin Franklin, Alexander Hamilton, John Jay, and James Madison—are regarded as the principal Founding Fathers in order of significance.
While many other people also played a part in the establishment of the United States, most people regard these seven to be the Founding Fathers. The Americas were found in 1492, according to Christopher Columbus.
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A group of employees go on strike for one hour. The strike is not protected industrial
action. How much pay must the employees lose for the strike? Identify the relevant
section of the Fair Work Act 2009.
Under the Fair Work Act 2009, when employees engage in unprotected industrial action such as an unauthorized strike, they can face consequences including the loss of pay for the period of the strike.
Section 471 of the Fair Work Act 2009 states that when employees participate in unprotected industrial action, their employer has the right to deduct pay for the period of the strike. The deduction should reflect the amount the employees would have earned if they had worked during that time.
In the case of a one-hour strike, the employees would typically lose one hour's worth of pay. The specific amount deducted would depend on the employees' regular rate of pay, taking into account any applicable penalties, overtime rates, or other relevant factors determined by the applicable industrial instrument or employment agreement.
It is important to note that the Fair Work Act 2009 provides provisions for protected industrial action, which is lawful and provides certain protections for employees. However, when employees engage in unprotected industrial action, the employer has the right to take disciplinary actions, including the deduction of pay for the duration of the strike.
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What AR covers Military Awards And Decorations?
The Army regulation that covers Military Awards and Decorations is Army Regulation 600-8-22 (AR 600-8-22), titled "Military Awards."
AR 600-8-22 provides comprehensive guidance and procedures for the awarding and presentation of military awards, decorations, and badges within the United States Army. It outlines the criteria for eligibility, the nomination and approval processes, and the various types of awards and decorations that can be earned by Army personnel.
The regulation covers a wide range of honors, including medals, ribbons, badges, certificates, and campaign or service awards. It also provides instructions on the proper wear and display of awards, as well as guidelines for the review and upgrading of awards.
AR 600-8-22 serves as a central reference for commanders, personnel staff, and soldiers, ensuring a consistent and fair system for recognizing and honoring the achievements, sacrifices, and service of Army personnel.
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is unemployment considered government assistance
Answer; yes you can say that
Explanation: its basically unemployment benefits
Which statement best describes both the positive and negative effects
lobbyists have on the democratic process?
O A. Lobbyists give small groups a voice in U.S. politics but may
influence lawmakers to support policies that do not benefit the
public in general.
O B. Lobbyists make the role of money in politics more transparent but
allow the majority to more easily deny rights to vulnerable minority
groups.
C. Lobbyists help voters learn more about candidates for office, but
prevent third parties from successfully challenging the two-party
system.
D. Lobbyists help political leaders spread their messages to voters,
but rely heavily on donations from corporations and super PACS.
A. Lobbyists provide a platform for small groups to become part of U.S. politics, yet their sway may cause legislators to back policies that do not offer collective gain.
How to find the best descriptionOption A accurately characterizes both the upside and downside of lobbyists on participatory democracy. On one hand, they can give smaller factions representation in legislative matters, allowing them to express concerns and participate in governmental deliberations.
Nevertheless, the detrimental consequence is that lobbyists may endeavor to push measures that are contrary to more universal interests, yet benefit those actors and organizations they address or serve.
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A theory is an explanation while a model is a representation vividly identify and describe the meeting point of the two concepts. ?
Explanation:
A theory is a conceptualized framework. It is a generalized phenomenon which is accepted by many people in the society. Model, on the other hand, is a physical, symbolical, or verbal representation of a concept which has been found in order to make the understanding of something clearer. The main difference between model and theory is that theories can be considered as answers to various problems identified especially in the scientific world
What can be derived from a firearm and its projectiles?
Firearms and their projectiles can provide valuable information to law enforcement officials, forensic scientists, and criminal investigators.
What constitutes firearms and their projectiles?A firearm is a type of weapon that uses gunpowder or other explosive materials to launch a projectile through a barrel. The projectile is the actual bullet that is propelled out of the gun when it is fired. There are several things that can be derived from both the firearm and its projectiles:
Forensic evidence: Firearms and their projectiles can leave behind valuable forensic evidence at a crime scene. This evidence can be used to identify the type of gun used, the direction from which the shot was fired, and the trajectory of the bullet.
Ballistics: The study of the behavior of bullets and projectiles is known as ballistics. Ballistics can be used to determine the velocity, trajectory, and impact of a bullet, as well as the damage it can cause.
Weapon identification: Firearms and their projectiles can be used to identify the type of weapon used in a crime. This can help law enforcement officials to track down the perpetrator.
Ammunition analysis: Analysis of the ammunition used in a firearm can provide clues about the person who fired the gun. For example, the type of ammunition used can indicate the level of skill or training of the shooter.
Criminal investigations: Firearms and their projectiles can be an important piece of evidence in criminal investigations. They can be used to link suspects to crimes, provide evidence of motive, and help to build a case against a defendant in court.
Overall, firearms and their projectiles can provide valuable information to law enforcement officials, forensic scientists, and criminal investigators.
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a chief officer is known as a judge in a state court of record as well as in a federal court. T/F
True, a chief officer is known as a judge in both a state court of record and a federal court.
In the context of the judicial system, a chief officer or judge plays a crucial role in administering justice, overseeing court proceedings, and ensuring the fair application of the law.
Both state and federal courts consist of judges who are responsible for interpreting and applying the law within their jurisdiction. State courts of record handle cases involving state laws, while federal courts deal with cases involving federal laws, the U.S. Constitution, and disputes between states.
In both court systems, the judge's primary duty is to uphold justice and maintain an impartial and professional environment during legal proceedings.
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1-1 Spotlight on AOL – Common Law. AOL, LLC, mistakenly made public the personal information of 650,000 of its members. The members filed a suit, alleging violations of California law. AOL asked the court to dismiss the suit on the basis of a "forum-selection" clause in its member agreement that designates Virginia courts as the place where member disputes will be tried. Under a decision of the United States Supreme Court, a forum-selection clause is unenforceable "if enforcement would contravene a strong public policy of the forum in which suit is brought." California has declared in other cases that the AOL clause contravenes a strong public policy. If the court applies the doctrine of stare decisis, will it dismiss the suit? Explain.
Answer:
If the court uses the stare decisis doctrine, the case will be prevented from being dismissed.
Explanation:
The stare decisis doctrine will provide the necessary support for the case to proceed within California. This is because we can see that there is a selection forum within this clause that is immutable and concrete and permanent, since AOL violated a very strong public policy, which is not to disclose personal data of members and employees. Because of this, judges cannot modify the obligation to continue the case in the state where public policy was violated.
Select the correct answer.
When a responder fails to take action when they have a legal responsibility to act, this is called:
A.
Neglect
B.
Abandonment
C.
Good Samaritan
D.
Consent
Answer:
A, neglect
Explanation:
All the other ones were talking about giving up something(abandonment),being responsible( good Samaritan), Having an approval to do something specific(Consent) But, from all of those Neglect was the one not being responsible in fear and being an able to take actions.
can legal pratictioner be both advocate and judge
Answer:
I believe so
Explanation:
I have no clue I'm a high schooler who likes kpop and life revolves around sleeping 24/7
slick or wet, low-traction surface conditions make it hard to control the speed and ____ of your vehicle. a. visibility b. condition c. direction d. crashworthiness
Slick or wet, reduced surface circumstances make it difficult to control your vehicle's speed and direction.
In criminal law, special circumstances are the conduct of the accused or the conditions in which a crime, notably homicide, was committed. Such considerations necessitate or permit a harsher punishment. Special circumstances are elements of the crime and must thus be established beyond a possible suspicion during the guilt phase of the trial. As such, they are officially distinct from aggravating circumstances, which are established during the punishment phase of the trial instead. In Californian, if a defendant has been convicted of the first murder and one of the 22 mentioned special circumstances is found to be true, the only available sentences are life in prison with no chance of parole or death.
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What do you think would happen if one group of people got to make laws, enforce them, decide what the laws mean, AND judge whether someone had broken a law?
Answer:
The rich would be powerful,
Explanation:
There would be no rights for middle class/poor.And we would all be slaves to the rich.And you could never be proven innocent
Answer: It could lead to very unfair things, and one group might try taking advantage of their power.
In which of these states is it illegal to fall asleep in a cheese shop, NEW YORK, ILLINOIS, MASSACHUSETTS, PENNSYLVANIA?
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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The courts of the American West were dominated by
A: trained attorneys.
B: vigilantes.
C: land barons.
D: lay judges.
The courts of the American West were dominated by trained attorneys.
The Supreme Court of the United States, also called SCOTUS is the only court established by the Constitution of the United States under the Judiciary Act of 1789. Initially it had only six members.
The initial judges of the court were trained attorneys while some of them were hard core conservatives. Their decisions were very firm and they do not think anything humane other than the rulebook.
As the world moved on, the thinking of the judges also changed. They started supporting the liberal ideas like giving equal chance of participation to females.
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Almost all states demanded amendments guaranteeing a. freedom of religion and freedom of the press. b. not to be taxed without representation. c. states' rights. d. to keep and bear arms.
The answer is:
a. freedom of religion and freedom of the press.These were included in the First Amendment to the United States Constitution, along with freedom of speech and the right to assemble peacefully. While the other options were also important issues addressed by the Constitution and its amendments, they were not universally demanded by all states.
About amendmentsAmendments are official changes to certain official documents or notes, especially to improve them. These changes can be in the form of adding or deleting incorrect records that are no longer appropriate. This word is generally used to refer to changes in a country's legislation.
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What was the final vote of the Supreme Court white v regester?
What is the cost/benefit analysis that is used to help make decisions?
Using a case, you have read, develop the facts of the case into a story. Do not change or embellish the facts. Stay strictly faithful to the substance of what you read in the case. But develop a story that would move a listener or reader to feel or think that one party or the other should win.
To accomplish this, let's consider the following steps:
1. Identify the key facts: Begin by thoroughly understanding the facts of the case. These facts will serve as the foundation for your story. and more given below
2. Choose a perspective: Decide which party you want the listener or reader to support. Selecting the party that you believe has a stronger position may help in crafting a persuasive story.
3. Create a narrative: Using the identified facts, construct a story that appeals to the emotions and thoughts of the audience. Focus on presenting the facts in a compelling and relatable manner.
4. Establish a protagonist: Introduce a central character who represents the party you want to support. Develop this character with relatable traits, aspirations, and challenges.
5. Incorporate conflict and resolution: Introduce obstacles or conflicts that the protagonist must overcome. Show how the facts of the case play a role in resolving these challenges.
6. Appeal to emotions and logic: Include details that evoke empathy, such as personal struggles, injustices, or compelling motives. Additionally, emphasize logical arguments based on the facts of the case.
7. Provide a conclusion: Conclude the story by highlighting the positive impact of supporting the party you want the audience to favor. Reinforce the idea that justice or fairness would be served by supporting this party.
By following these steps, you can craft a persuasive story based on the facts of the case that moves the listener or reader to feel or think that one party should win. Remember to adhere strictly to the substance of the case and present the facts accurately.
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Jesse james, a 20-year old, was arrested for killing a police officer. As a newly elected prosecutor, you are responsible for prosecuting mr. James. You announce your decision not to seek the death penalty in this case, but under your state?s law, the offense charged is considered special circumstances, which would qualify as a death penalty case. Your decision does not sit well with the law enforcement community. Provide an overview of the various courts in the typical state system where mr. James will appear and why he is appearing there, from arraignment to trial and the various levels of appeal. Be sure to provide specific information as it relates to any constitutional issues that may.
It is important to note that various states use various metrics. In general, states adhere to some form of the federal procedural norms. States do have the freedom to take risks in the sake of justice.
What are federal procedural norms?Civil process in United States district courts is governed by the Federal Rules of Civil Procedure.
The Rules Enabling Act requires the United States Supreme Court to promulgate the FRCP, after which the United States Congress has seven months to veto the rules or they become part of the FRCP.
Further overview on the above legal situation is as follows:
At the first stage of the "trial," the defendant must submit a plea. This is frequently followed by a first appearance or preliminary hearing, which may involve a plea if evidence is discovered.
If there are compelling reasons to proceed, a grand jury will be formed to conduct more investigations.
A grand jury must provide evidence that justifies a capital murder trial. The district attorney's office has the same authority. The defendant is then asked if he understands the charge at a pre-trial arraignment.
A plea can also be entered here at times. If the evidence merits it, a formal writ will be sent to the court, signaling the start of a trial.
Following that, pre-trial hearings are held, and witnesses may be questioned. If the defendant claims to have an alibi, he must normally produce documentation. He must describe in full where and when he was when he was exonerated from the crime.
A mental examination may be conducted in some circumstances, particularly in capital trials. There may be a demand that multiple-count trials be heard separately in order to avoid biasing the jury (guilty of the first, more likely that he is guilty of the second).
Deposits can then be made. These are largely out-of-court testimony from witnesses that will serve as the foundation for the defense or prosecution when the trial begins.
Depending on the stage, either of these processes can be considered part of the discovery process. The defendant's record is disclosed at this point, and specific objects of evidence are given over for the defendant's comprehension.
The "Pre-Trial Conference," a relatively new federal rule, is convened to agree on specific criteria throughout the trial. The goal is to speed up the trial and streamline the procedure in general.
The defendant might then request that the case be transferred to another jurisdiction.
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Ryan is a forensic scientist who works with human remains that are not easily identifiable. Which type of forensic scientist is Ryan?
Ryan is a forensic _______ , who uses the skeletal remains to determine a victim’s gender, age, and race.
Answer:
Anthropologist
Explanation: Anthropology is the study and practice of skeletal remains. it can be ancient or criminalistic.