In the case of Daubert v. Merrell Dow Pharmaceutical, Inc., the U.S. Supreme Court advocated that a "gatekeeper" determine the admissibility and reliability of scientific evidence.
The single Family Court has been in operation since April 22, 2014, however a new innovation incorporates a "gatekeeping hearing" that can actually occur within a few weeks of an application being filed. The goal of the gatekeeping hearing is to examine the Court's application as well as any comments from Cafcass, who will have contacted all parties and conducted safeguarding checks on both. The gatekeeper determines which level of Judge will hear the matter, ranging from High Court Judge to Circuit Judge, District Judge, or Lay Magistrates Bench. Premature petitions for children to the Court will be denied, with a recommendation that the parties attend mediation instead.
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Dr. Shipman’s detention in the Wakefield Prison in West Yorkshire England is an example of which component of the criminal justice system ______________________.
a.
Courts
b.
Police
c.
Lawyers
d.
Corrections
Since the start of the 1970s, how has the supreme court ruled regarding the commerce clause of the constitution?.
The supreme court decided on the commerce clause of the constitution, limiting Congress' authority to employ the commerce clause to address national concerns.
What is a supreme court?Supreme court, refers to the highest court of justice which ensures people to receive the justice in the eyes of the law. The court act as protector and interpretation of the constitution.
The Supreme Court ruled on the constitution's commerce clause, restricting Congress' ability to use the section to address national problems.
Therefore, it can be concluded that commerce clause to address national concerns.
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Identify one deficient aspect of Pakistani law or any aspect of the legal system that you disagree with. Explain your reasoning and lay out a framework for how you would resolve it.
One poor thing about Pakistani regulation or any component of the legal system that you disagree with: Many people within the united states of America are unhappy with the Judicial gadget u. s .. they have got misplaced religion within the judicial machine of Pakistan.
A legal system is a procedure or process for deciphering and enforcing the regulation. The 3 foremost legal structures of the world consist of civil law, common law, and spiritual law. other legal structures are: Jury device is a felony device for determining the information at the difficulty in a lawsuit.
A quick Primer on the world's legal system
There are normally considered to be five criminal systems in the international these days: civil regulation, commonplace law, normal law, spiritual law, and blended felony systems. Civil regulation systems have their starting place inside the Roman prison way of life.
As attorneys recognize, the legal systems in international locations around the arena generally fall into certainly one of the fundamental classes: not unusual regulation systems and civil law systems.
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Jack Jones, a 65-year-old with a heart condition, was driving alone in his Toyota Camry south on College Ave. in Fayetteville on September 15, 2009, his seat belt buckled, the driver-side window open and his left elbow outside it. Suddenly the accelerator jammed and the car leapt forward. Jack stomped the brake pedal but the Camry kept speeding up, running stoplights and skidding wildly on the downhill curves. Finally the car flipped, rolled over twice, and came to rest in the parking lot of Penguin Ed’s. The side airbags had deployed, and Jack’s left elbow formed an odd angle. Jack’s troubles had only begun. After he arrived by ambulance at Washington Regional Hospital, Dr. Davis was setting his broken elbow when Jack went into cardiac arrest. Luckily the medical response time was quick, his condition was stabilized and a Medtronic heart pacemaker was implanted in his chest to avoid future cardiac episodes. Unluckily, a wire component connecting the pacemaker to the heart failed on Nov. 1, 2009. Jack had another heart attack Nov. 2, and he is not likely to live. Jack’s wife Jan read in the newspaper about Toyota’s September 28, 2009 recall of 3.8 million vehicles, including the 2008 Camry, due to reports of driver- side floor mat entrapment of accelerator pedals. She consulted a partner in the Fayetteville law firm at which you are employed. The partner had a paralegal gather a few facts, noted below, and has turned the file over to you for preliminary analysis. The partner has instructed you to write a memo explaining the following: 1. What claims might the Joneses have, against whom, on what basis, and for what injuries? What authorities support each claim? 2. If you think that a particular claim may not succeed, explain why not. 3. If you lack sufficient information to evaluate a claimfully, describe what other information you need, how it would affect your evaluation of that cause of action, and how to obtain it. 4. Bottom line: Should we take this case? Why or why not? Or is it too soon to tell?
Answer:
1 Toyota 2 no 3 cameras 4 yes
Explanation:
Question 5 of 10
what are two broad categories of tort remedies?
a. damages and writs
b. temporary and permanent injunctions
c. damages and compensation
d. damages and injunctions
Damages and compensation are two broad categories of tort remedies. Damages are granted for bodily harm, whereas compensation is on a higher level. Compensation seeks to put the injured party in the same situation as if the injury had not occurred by providing monetary compensation for the harm done.
While 'damages' categories refers to compensation awarded or sought, 'damage' refers to the hurt or loss for which compensation is claimed or awarded. 'Damage' can relate to monetary or non-monetary compensation , whereas 'damages' refer to monetary recompense. Payment or reward for work or services provided, or for injury incurred, is referred to as compensation.
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Because the expedited irb review process is generally used for certain types of minimal risk research, it is less stringent than review by the full irb. True or false?.
the statement given: Because the expedited IRB review process is generally used for certain types of minimal risk research, it is less stringent than review by the full is a false statement .
Because the expedited IRB review process is used especially for certain types of minimal risk research,it is less strict than the review done by the full IRB. To the individual research subjects, the research participation must provide a tangible benefit in order to be approved according to the regulations.The IRB operates an initial pre-review screening process, during the process an analyst of IRB reviews individuals' submissions for compliance and completeness, and the analyst may suggest making changes before it is submitted to the IRB .
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In ______ states, there are more daily newspapers paying attention to policy and educational matters than in individualistic states.
In Moralistic states, there are more daily newspapers paying attention to policy and educational matters than in individualistic states.
The US States are cut down into three different categories namely the moralistic, individualistic, and traditionalistic.
Moralistic states are states which believe that the government should be active in promoting the public good and that citizens should participate in politics and gain civic duties. These are states settles by the puritans and northern Europeans.Concentrated in New England, Upper Midwest and West.Brings people together on the same line for a better understanding and working Moralistic culture works best for policy analysisTo know more about US states:
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Which case expanded the role of judge as gatekeeper to a much wider range of evidence?.
Answer:
(“In Daubert the Court charged trial judges with the responsibility of acting as gatekeepers to exclude unreliable expert testimony, and the Court in Kumho clarified that this gatekeeper function applies to all expert testimony, not just testimony based in science.”).
Explanation:
is this what you were looking for?
What is the term for the type of company that provides coverage for an individual's risks?
The issue of unemployment and declining wages on the west coast led to which of the legislative actions?.
The issue of unemployment and declining wages on the west coast led to Dawes, Homestead act of the legislative actions.
Industrialization created low-wage, low-skill jobs with workers who can be replaced easily. overproduction leading to low prices for products and debt for farmers. Schools promoted the employment and study of diverse languages. Schools allowed for various legislative actions culture groups to measure more closely.
Knights of Labor were members were skilled and unskilled workers, rallied for shorter work days, equal legislative actions get men and ladies, and to finish child labor. Its founding marked the start of union activism within the era.
The Knights however declined in status thanks to being associated to the Haymarket bombing, and therefore the legislative actions proven fact that they allowed in unskilled workers, giving the skilled workers a sense of superiority. Americanization Movement. This movement was sponsored by the govt. and anxious citizens.
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As illustrated in the baltimore v. Barron harbor case, prior to the civil war, the marshal court ruled that the bill of rights.
As illustrated in the Baltimore v. Barron harbor case, prior to the civil war, the marshal court ruled that the constitution's Bills of Rights restricts only the powers of the federal government and not these of the state governments.
The case started with a lawsuit filed by john Barron against the city of Baltimore, arguing that the city had denied him his property in violation of the Fifth Amendment, which makes the government not without compensation take private property without. Later the state court found the city unconstitutionally deprived Barron of private property and $4,500 to be paid by the city for the damages in compensation, as An appellate court then reversed this amount later Barron appealed to the Supreme Court, which examined the case again in 1833.The Supreme Court, with respect to the decision by Chief Justice John Marshall that declared that e under the Bill of Rights, Barron had no claim against the state, it is not applicable to the states. It is also added that the constitution was created by the people of the united states, just to apply only to the government created by the Constitution but not the individual state' governments.
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Which statement describes the difference between a felony and a misdemeanor?
Question 5 options:
A felony can result in jail time, while a misdemeanor results only in fines.
A felony is a serious crime, while a misdemeanor is a relatively minor offense.
A felony is a violation of criminal law, while a misdemeanor is a violation of civil law.
A felony causes injury to a person, while a misdemeanor causes injury to property.
The statement that describes the difference between a felony and a misdemeanor is that a felony can result in jail time while a misdemeanor results only in fines.
What are felonies and misdemeanours?Both the felonies and misdemeanours are a class of minor offenses that may be described as petty offenses or quasi-crimes before the law. These offenses are created by local ordinance or by regulatory statute, and the requirement of trial by jury does not apply.
Most time, the felony is defined as a crime punishable by a term of imprisonment of one year or more while the Misdemeanours are often defined as offenses punishable only by fines or by short terms of imprisonment in local jails.
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2. You want to test the idea that people are more likely to help others of their own race. You want to conduct an experiment where you will stage a kidnapping in front of a busy store to see who will seek help for the “victim.” You will manipulate whether the person posing as the victim is of European or African descent. What are the ethical issues involved? If you were a member of the IRB, what questions would you ask of the researchers? Do you think such an experiment would be ethical? Can you design an experiment that tests the same idea but raises fewer ethical issues?
The ethical problems involved in this experiment are: Racism, violence, complicity, among others. Additionally, this experiment would not be ethical because it simulates a dangerous situation that can modify people's behavior without indicating whether they disapprove or consent to racism.
What ethical issues are involved in this experiment?Different ethical aspects are involved in this experiment because they question citizens about what is considered "good actions" and "bad actions". Among them are complicity with a criminal act, racism and violence.
What position do I take if I belong to the IRB?As a member of the IRB (Institutional review board) it would have the function of reviewing the ethics of the research carried out. In the case of this research, you should take into account if it violates any ethical principle and question the researchers about the research:
Is the method adequate to establish a true and faithful conclusion?What alternative situations allow us to obtain the same or similar results?How to get the results of this social experiment?alternative experimentAn alternative experiment would be creating a situation of discrimination or bullying towards a European and an African descent. IN this we will be able to evaluate the incidence of people in the situation to help the victim according to their origin.
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What are the various ways investigators locate and identify fingerprints at a crime scene?
Answer: One of the most common methods for discovering and collecting latent fingerprints is by dusting a smooth or nonporous surface with fingerprint powder (black granular, aluminum flake, black magnetic, etc.). If any prints appear, they are photographed as mentioned above and then lifted from the surface with clear adhesive tape. The lifting tape is then placed on a latent lift card to preserve the print.
However, fingerprint powders can contaminate the evidence and ruin the opportunity to perform other techniques that could turn up a hidden print or additional information. Therefore, investigators may examine the area with an alternate light source or apply cyanoacrylate (super glue) before using powders.
Explanation:
Source: https://www.forensicsciencesimplified.org/prints/how.html
What is the specific legal problem with this argument?
Answer:
what argument
Explanation:
you didn't include it
Why was there no law enforcement during the day time for many centuries
There was no law enforcement during the daytime for many centuries due to political and economical issues.
There was no type of law enforcement. There were many places where there was no law. I am aware that for a long time, people in Britain only visited one another during the day because it was perilous to travel by carriage after dark because bandits would approach the carriages and rob the occupants.
The police were later created by Sir Robert Peel, which is why they are known as "Bobbies" in England. That occurred during the 1820s when he served as Home Secretary. He eventually became prime minister.
People built those castles and forts across Europe to conceal themselves. That served as their main defense.
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You need to create a legal structure for your small business. You have plans for it to grow and hope in the future to sell shares to the public. Your startup partners are citizens of mexico and japan. You do not want to be personally responsible for business liabilities. Which legal structure should you set up for your business?.
Answer:
C-Corporation
Explanation:
I took the quiz on k12
Based on the details of the scenario, determine what will most likely occur. lincoln has been taking advantage of benson through an unfair contract for several years. eventually, benson seeks relief and legal freedom from his contract.
Lincoln has been taking advantage of Benson through an unfair contract for several years. eventually, Benson seeks relief and legal freedom from his contract. In this scenario, it is most likely that the contract is voided.
An unfair contract demonstrates a contract in which the rights of one of the participating contracting parties are adversely disrupted. If a contract is unfair or unjust to one contracting party in a way that denotes abuses during its formation, the court may find it to declare the contract as unconscionable and deny enforcing it. Thus, unfair contracts are declared to be void. A void contract means a contract that is entirely illegitimate and unenforceable.
Under the United States overview, "unconscionability" denotes that a term in the contract was shockingly unfair. As a result of this, the contract cannot be allowed to stand as is. However, if a court does find a contract unfair, it has got options other than just voiding it entirely. The fair parts of the contract can be enforced, and the unfair parts can be rewritten.
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What is the significance of the 2010 supreme court decision citizens united v. Federal election commission?.
Answer:
Citizens United v. FEC
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"Citizens United" redirects here. For the political organization, see Citizens United (organization). For other uses, see Citizens United (disambiguation).
Citizens United v. Federal Election Commission, 558 U.S. 310 (2010), was a landmark decision of the Supreme Court of the United States regarding campaign finance laws and free speech under the First Amendment to the U.S. Constitution. It was argued in 2009 and decided in 2010. The court held 5-4 that the free speech clause of the First Amendment prohibits the government from restricting independent expenditures for political campaigns by corporations, including nonprofit corporations, labor unions, and other associations.
The Supreme Court ruled in Citizens United v. FEC that corporations are people and abolished sensible political donation caps, allowing a select few wealthy donors and special interests to utilize dark money to sway elections.
Why was the Federal Election Commission created?For the purpose of overseeing and upholding the Federal Election Campaign Act, the Federal Election Commission was founded in 1975. The sources and sums of contributions that can be used to support federal elections are restricted by this law, and it also mandates that the sources and use of all contributions be made public.
The Federal Election Commission ruled that companies could be prohibited from using political advertisements. For independent expenditures and electioneering communications, the Court affirmed the reporting and disclaimer requirements. The prohibition on corporate contributions was unaffected by the Court's decision.
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d. Do a research and briefly discuss the following processes that the community must engage in, whenever there is an issue before and during a protest (for each bulleting below, write a paragraph): how to engage in a protest, protest restrictions, permit to hold a protest, activities during a protest, the powers of the police during a protest. . . . . (5x4=20)
Answer:d
Explanation:
A goal of the forensic investigator is to secure and document the crime scene while minimizing changes to crime scene evidence. True or false?.
Answer: True
Explanation:
Bongani is 19 years old and lives with his parents. Without his guardian's consent, he concludes a contract of sale to sell his motorcycle for R2 000 to Mxali who is 25 years old. On enquiry by Mxali, Bongani lies about his age and says that he is 21 years old. Mxali pays the R2 000, but Bongani refuses to deliver the motorcycle to Mxali. Did Bongani breach any contract?
Answer: He did not breach any contract with Mxali
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How do you sign up to be an organ donor right in the two different ways to do it
Explain the legality and role of presidential orders.
What are your thoughts on this interview? Does Richard Clarke have a point when discussing breaking the Department of Homeland Security into multiple departments? If you had to make the decision to split the Department of Homeland Security or keep it the same, which would you choose?
1. Richard Clarke does not have a point when he discussed breaking the Department of Homeland Security into multiple departments because what this achieves is increased departmentalization.
2. I would not split the Department of Homeland Security into multiple departments. Rather, I would split the department into operational units to manage the various threats that the United States faces while keeping the department as one.
What are the goals of the Department of Homeland Security?The Department of Homeland Security, created after the 9/11 attacks, to strengthen the security architecture of the nation at home, has the responsibility to pursue the following security goals:
Prevent terrorismEnhance securitySecure and manage U.S. bordersEnforce and administer U.S. immigration laws.Under these broad goals, the Department of Homeland Security oversees the national security of the United States from numerous threats.
Some of the direct responsibilities of the Department of Homeland Security include:
Border securityAviation securityCountering terrorismEmergency responseChemical facility inspectionIT and cybersecurity securityNatural disaster planning and response.Thus, instead of discussing splitting the Department of Homeland Security into multiple departments, Richard Clarke should look at ways to strengthen and empower the department to achieve its goals.
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Research to find an example of the supremacy clause coming up in a conflict between state & federal law. Explain the basis of the case and resolution.
The sale of blue soda pop in vending machines by a nearby food and beverage seller is accused of breaking the law.
She can argue that the state legislation violates the U.S. Supremacy Clause since it conflicts with federal law and is consequently preempted by it. Constitution.
What is the effect of the Supremacy Clause in the Constitution?In the end, the Constitution's Supremacy Clause proves that the document is the supreme law of the land. This provision shall have precedence over any conflicting law or matter. This section also appears under the "Supremacy" heading for all federal laws.
The Supremacy Clause of the United States Constitution (Article VI, Clause 2) declares that the Constitution, federal legislation adopted in accordance with it, and treaties signed in accordance with its authority are the "supreme Law of the Land" and supersede any conflicting state laws.
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Paula could not reach an agreement with the irs at her appeals conference and has just received a 90-day letter. If she wants to litigate the issue but does not have sufficient cash to pay the proposed deficiency, what is her best court choice?.
Answer:She's should ask for appeal
Explanation:
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DISCUSS THE CONCEPT OF HUMAN BEHAVIOR USING YOUR OWN WORDS.
Answer:
want different life roles
Which party brings a case to court against a person accused of violating criminal law?
Question 3 options:
the state of Georgia
victims or their family members
anyone who was injured
the judge
Answer:
victims or their family members
Explanation:
What are the social and economic implications of an aging society?
Answer:It affects labor markets, patterns of saving and consumption, families and households, networks and social interaction
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