The common law governs all contracts except when it has been modified or replaced by statutory law or administrative agency regulations, True. governs contractual transactions with insurance, services, real estate, employment and intangible assets.
Common law is regulate to contracts that is generally governed by state common law, administrative agency and some specific court interpretations of a particular element of the contract may vary between the states. The body of standards, principles and rules that the courts of a particular jurisdiction apply in deciding brought before them.
The elements of common law are judicial precedents, aggregate of legislation, accepted legal principles and the body of authoritative grounds of administrative and judicial action. A common law refers to law that determined through judicial decisions, instead of legislatures.
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states will sometimes cite the tenth amendment as the reason why they don't have to follow a federal law.
The Tenth Amendment of the U.S. Constitution states that any of the powers not specifically delegated to the U.S. government are reserved for the countries and the people.
This means that if the civil government passes as law that isn't specifically authorized by the Constitution, the countries can argue that all the civil law is unconstitutional and therefore not applicable within the state.
In that case, a state can only be cite the Tenth Amendment as the reason that is why it doesn't have to follow the civil law. This Correction is meant to be cover the countries ’ rights and also the limit of the civil government from getting too important.
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The definition of insurance related conduct includes all of the following except
A. Binding policies of insurance
B. Explaining coverage to an insured
C. Soliciting new insurance
D. Mailing premium notices to insureds
The definition of insurance related conduct includes all of the following except: soliciting new insurance. The Option C is correct.
What does Insurance related conduct means?Insurance related conduct includes selling, soliciting, negotiating, or binding insurance policies; all communication with insureds about any term or condition of an insurance policy, office management policies affecting insureds, processing claims and transmitting funds between insureds, producers, premium finance companies, and insurance companies.
Hence, the definition of insurance related conduct includes Binding policies of insurance, Explaining coverage to an insured and Mailing premium notices to insureds.
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TRUE OR FALSE a long-arm statue allows a state to obtain jurisdiction over a nonresident defendant when the nonresident defendant has sufficient contacts with the state.
If a nonresident defendant has enough connections to the state, a long-arm statute enables the state to assert jurisdiction over them. This statement is true.
A long-arm statute allows a state to obtain jurisdiction over a nonresident defendant when the nonresident defendant has sufficient contact with the state.
Long-arm statutes are laws that permit a state to assert personal jurisdiction over a nonresident defendant in certain circumstances.
According to this legislation, a state court may exercise personal jurisdiction over a nonresident defendant if the defendant has a specific number of minimal connections to the state and the continuation of the lawsuit does not violate established principles of substantial justice and fair play.
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A long-arm statue allows a state to obtain jurisdiction over a nonresident defendant when the nonresident defendant has sufficient contact with the state.
The above statement is True.
Long-arm jurisdiction is the capacity of local courts, whether on a legislative basis or through a court's inherent jurisdiction, to exercise jurisdiction over overseas defendants.
When a nonresident defendant has enough contact with the state, a long-arm legislation enables the state to establish jurisdiction over them.
Long-arm statutes are legal provisions that, under certain conditions, allow a state to exercise personal jurisdiction over a nonresident defendant.
A state court may exercise personal jurisdiction over a nonresident defendant under this legislation provided the defendant has a certain number of minimum links to the state and the ongoing litigation does not contravene recognised standards of substantial justice and fair play.
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Match the types of damages awarded in breach-of-contract cases (in the left column) with their descriptions (in the right column).
Punitive damages are infrequently granted for failure to fulfill contractual commitments, and a breach of contract is just not regarded as a crime or even a tort.
The most typical remedy for a successful breach of contract lawsuit is compensatory damages. The right matching of damages awarded in breach-of-contract cases with description is :
Compensatory Damages - They are awarded to make the victim of a breach of contract "whole" in the economic sense.
Consequential Damages - They are awarded when the party breaching a contract knew that special circumstances existed that would cause additional losses to the other party if the contract were breached.
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what legislative tool is used to slow the lawmaking process?
which of the following constitutional provisions gives congress and the president expressed power over the national defense?
The power to declare war is granted to Congress in Article I, Section 8, Clause 11 of the United States Constitution. Meanwhile, the President derives the authority to direct the military following a Congressional declaration of war from Article II, Section 2, which designates the President as Commander-in-Chief of the armed forces.
Congress has declared five wars under their constitutional authority: the War of 1812, the Mexican-American War, the Spanish-American War, World War I, and World War II.
President James K. Polk announced the Republic of Texas was about to become a state in a message to Congress on May 11, 1846. Polk gathered federal troops around Corpus Christi after Mexico threatened to invade Texas. When Texas became a state, federal troops were stationed in an area where the new international boundary was being contested. Both forces clashed after Mexican troops moved into the same area. The President went on to say that "after repeated threats, Mexico has crossed our border, invaded our territory, and shed American blood upon us."American soil. She has declared that hostilities have begun and that the two countries are now at war." Some members of Congress, including Abraham Lincoln, wondered if that was true, writing in a letter to his law partner:
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The full receiving and return address, including names, along with the highest classification level and dissemination markings are required to be on the outer layer of classified documents double wrapped for mailing.
TrueFalse
False, The outer layer of classified documents that are being double-wrapped for mailing must include the whole receiving and return address, including names, as well as the highest security levels and dissemination markings.
The security level of a cryptographic primitive, such as a cipher or hash function, is an indicator of the level of strength it achieves in the field of cryptography. Although alternative approaches have been suggested that more accurately represent the costs for an attacker, security level is typically stated as a number of "bits of security" (see security strength), where n-bit security means that the attacker would have to carry out 2n operations to break it. This enables straightforward algorithm comparison and is helpful when mixing various primitives in a hybrid cryptosystem, as there is no obvious weakest link. For instance, AES-128 is intended to provide a 128-bit security level, which is roughly similar to an RSA utilizing a 3072-bit key. AES-128's key size is 128 bits.
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which of the following was not an advantage that hernando de soto and his men had over the native americans he fought during his expedition?
The correct answer to the given question about advantages of Hernando de Soto expedition is option d) Slavery.
Spanish explorer and conquistador Hernando de Soto participated in trips to Nicaragua and the Yucatan Peninsula. Although he was a key player in Francisco Pizarro's conquest of the Inca Empire in Peru, Hernando de Soto is best recognized for being the captain of the first European expedition to go far into what is now the United States (through Florida, Georgia, Alabama, Mississippi, and most likely Arkansas). He was the first European to cross the Mississippi River according to records. The trip that De Soto undertook in North America was extensive. It traveled across what is now the southeastern United States looking for a passage to China or the Pacific coast as well as for gold, which had been reported by several Native American tribes and earlier coastal explorers.
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Question
which of the following was not an advantage that Hernando de Soto and his men had over the native Americans he fought during his expedition?
Advanced weaponsHorsesSuits of armorSlaverytwo reasons why the electoral college should be abolished
The Electoral College doesn't treat all Americans equally
This gives more weight to votes cast in small states
The winner of the popular vote is not guaranteed the presidency; The people get a say that may or may not be the exact same as electoral college
who must approve a treaty made with a foreign country
According to the Constitution, the Senate is the only body with the authority to ratify treaties reached by the executive branch with a two-thirds majority.
According to the American Constitution, the president "shall have power, by and with the advice and consent of the Senate, to establish Treaties, provided two-thirds of the Senators present concur" (Article II, section 2).
Treaties are legally binding agreements that are incorporated into international law. The Constitution refers to international agreements that the United States is a party to as "the supreme Law of the Land," which includes treaties.
Treaties are not ratified by the Senate. The Senate decides whether to ratify a resolution after it has been examined by the Committee on Foreign Relations.
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Imagine that you are running a day care center that has more than 10 employees. Use online research to get information about Occupational Safety and Health Administration (OSHA) guidelines that apply to childcare centers. Then, answer the following questions based on these guidelines.
Part A
What precautions will you take to reduce the risk of infectious diseases?
To reduce the risk of infectious diseases as per OSHA proper hygiene programs must be followed.
If a daycare centre is run with more than ten employees, proper protocols must be in place. Infection of one may cause infection in others. As per OSHA, the precautions to be taken to reduce the risk of infectious diseases are -
Implement a program for cleaning and disinfecting the environment, where in surfaces that are regularly handled, such as toys, worktops, and doorknobs, should be cleaned and disinfected.Implement a hand-washing program, wherein people must be encouraged to use hand sanitisers or soap for handwashing.Initiate a program for proper coughing technique and respiratory hygiene to promote the use of tissues and offer no-touch garbage cans.Develop a plan to stop and slow the spread of infectious diseases, where protocols for identifying and notifying cases of infectious diseases are establishedCreate a plan for the exclusion of sick people where the policies for keeping sick children and workers out of the daycare facility are developed.Read more about hygiene programs on:
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Helppp please!
From the standpoint of labeling theory, deviance and crime are not absolutes - a behavior can be called deviant or criminal only when it violates the norms of some group. Obviously, this suggests that definitions of deviance will change as societies advance.
Discuss what behaviors now considered acceptable were formerly thought to be deviant or criminal.
Are there any now considered deviant or criminal that were once considered acceptable?
Is there a trend toward defining more behaviors as deviant and criminal or more as acceptable?
Do you detect any trends in the process of change? If so, what are they?
According to the labeling theory, authorities' labels have a negative impact on the powerless and lead to criminal and deviant behavior.
Labeling is a crucial idea related to official bias in intergenerational transmission. According to the labeling theory, criminal justice reforms tend to make offenders worse. To be more specific, labeling happens when someone's criminal behavior worsens after being involved in the justice system. The labeling theory proposes that when a label for deviance is placed on a person, that person adopts the label by engaging in the behaviors, actions, and attitudes that are associated with the label. According to the labeling theory, when others impose an identity on someone, that person becomes deviant.To know more about crime here
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You can lawfully allow one object to extend beyond the left side of your vehicle:
You can lawfully allow one object to extend beyond the left side of your vehicle 3 inches while driving.
Driving, which involves maneuvering a vehicle under control, can be done with a car, motorcycle, truck, bus, or bicycle. In order to be granted permission to use public highways, drivers are required to follow all applicable traffic and road laws in the region they are travelling.
Prior to being granted a license, almost all states demand that aspiring drivers finish a driving course with an approved teacher and pass a test. Nearly all countries allow any adult who is healthy and has good vision to apply to take a driving test and, if successful, to operate a vehicle on public roadways.
The question is incomplete, the complete question is
You can lawfully allow one object to extend beyond the left side of your vehicle:
(a) 3 inch
(b) 8 inch
(c) 10 inch
(d) none
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If you file an employment discrimination lawsuit against your employer at the trial court level, you are the __________
If you file an employment discrimination lawsuit against your employer at the trial court level, you are the Plaintiff.
In contrast to the defendant, who is the party who is being sued, a plaintiff is the party who initiates or on whose behalf a legal action is initiated.
The phrase is equivalent to petitioner in civil law and equity, and to libelant in admiralty. In general, it also applies to equity petitioners, especially in places where law and equity are combined.
Regardless of whether they were the plaintiff or the defendant in the lower court processes, the person that files a writ of error to review a decision or other legal proceeding is frequently referred to as the plaintiff in error.
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a lien against a parcel of real estate may result from a lawsuit currently before the court. notice of a possible future judgment could be found by examining the public records for
A lien against a parcel of real estate may result from a lawsuit currently before the court. The notice could be found by examining the public records for Lis pendens notice
A case which is currently before the court may lead to a lien against a piece of real estate. A notice of lis pendens informs prospective purchasers and creditors that a legal proceeding is ongoing that could have an impact on the title to the property. It is filed with the court and included in the public records. A litigation decision can result in the creation of a lien, which is a legal claim or encumbrance against real estate.
When a lawsuit initially begins, a notice of lis pendens is issued, and it is in effect until the matter is settled or dismissed. Any acts performed with regard to the property, such as buying or selling it, may be subject to the outcome of the litigation after a notice of lis pendens is filed, which serves as constructive notice to all parties that there is an ongoing lawsuit that may affect the property.
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common law is a body of cases decided by legislatures T/F
Common law is a body of cases decided by legislatures. This statement is false.
Common law refers to a body of cases and rulings by judges interpreting a statute or other source of law, which are subsequently used as precedent by other courts in subsequent cases.
The common law is the body of legislation that has been developed by judges and other quasi-judicial bodies and is distinguished by being expressed in written opinions. Common law is distinguished by the fact that it develops through precedent. Common law courts use previous court rulings to summarize the legal tenets of earlier instances.
A corpus of unwritten rules founded on court precedents is referred to as common law, also known as jurisprudence. The idea is founded on institutionalized verdicts and interpretations rendered by juries and judges.
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The generally recognized term for the government protection afforded to intellectual property (written and electronic) is ___.
The generally recognized term for the government protection afforded to intellectual property (written and electronic) is "copyright."
Copyright is a form of legal protection provided to the creators of original works such as literature, music, art, and software. It gives the creators exclusive rights to use, reproduce, and distribute their work for a certain period of time. Copyright law is intended to balance the interests of creators with those of society as a whole by ensuring that creators are rewarded for their work while also allowing others to build upon and use that work. Copyright protection applies to a wide range of creative works, including books, songs, movies, photographs, and software. It is enforced by the copyright owner through the legal system and it is governed by federal law in the United States, under the Copyright Act of 1976.
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Eye wash station must be within how much time of a walking distance
Answer:
The second a hazardous material enters your eyes, you should make your way to an eyewash station. According to ANSI regulations, these should be located no more than a ten-second walk away from any hazard.
which constitutional amendments related to the court system are important to understand for someone working in the field of criminal justice?
when congress wants to regulate an issue, it most often passes very detailed regulations so that there are no questions about its intent T/F
When Congress passes a law that law is called an Act or a statute. When congress wants to regulate an issue, it most often passes very detailed regulations so that there are no questions about its intent. False.
An administrative agency described about that it is formed by enabling legislation that also provides the authority to establish regulations that will enforce and implement the law. A bill does not become law until it is passed by the legislature and approved by the executive.
Statute is another word that is used interchangeably with law. Laws are also known as Acts of Congress. When a bill is passed in identical form by both the Senate and the House. The function of the federal bureaucracy is to performs a primary taks in government that is implementation, administration and regulation.
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An effective punishment:
a. eventually becomes ineffective
b. causes physical pain
c. reduces the likelihood that a behavior will occur in the future
d. follows a reinforcer
The correct option is (C), an effective punishment reduces the likelihood that a behavior will occur in the future.
A person may face legal punishment as judged by a court of law if they break the law by committing a crime or misdemeanor, failing to fulfill a legal obligation, or both. When punishment is used for revenge, incapacitation, or deterrence, it is permissible. The deterrence argument contends that if an offender is punished, both the perpetrator and those who emulate him will be deterred from committing other crimes.
A person learns that a particular action is wrong since it has led to the addition of something unpleasant through positive punishment. Applying positive punishment can help to cut down on undesired behavior. The goal is to create new behaviors that will promote prosperity and improve environmental adaptation in humans.
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the maria acronym helps to identify the five tests of a fixture. which of the following tests refers to how and whether the item is attached to the property?
The five tests of a fixture may be distinguished using the acronym MARIA. The way and if the object is attached to the property are considered in the annexation tests' method. The right response in this case is option A.
The MARIA acronym stands for marketability, access, rights, improvements, and air rights. These are the five tests that are used to determine the value of a fixture, which is a piece of property that is attached to real estate and considered to be part of the property.
The method of annexation test refers to how and whether the item is attached to the property and whether it can be easily removed or not. This test helps to determine whether the item is considered a fixture or personal property.
Complete question:
The maria acronym helps to identify the five tests of a fixture. which of the following tests refers to how and whether the item is attached to the property?
A - Method of annexation
B - Method of Exclusion
C - Method of intention
D - Method of adaptation,
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The acronym MARIA can be used to distinguish between a fixture's five tests. The annexation tests function takes into account how and if the object is attached to the property.
Option A is the proper reaction in this situation.
Marketability, Access, Rights, Improvements, and Air Rights are all abbreviated as MARIA. The value of a fixture, which is a piece of property affixed to real estate and regarded as a component of the property, is assessed using the five criteria listed above.
The annexation test technique refers to how the object is connected to the property, whether it can be withdrawn quickly or not, and whether it is attached at all. This test aids in determining whether the object is regarded as personal property or a fixture. In terms of international law, annexation refers to the forced acquisition of a state's territory by another state, often after a period of military occupation. The majority of people believe it to be unlawful.
Annexation is the process by which one country forcibly claims authority and sovereignty over the territory of another under international law. Typically, this comes after military occupation. Annexation is one-sided.
Complete question:
The maria acronym helps to identify the five tests of a fixture. which of the following tests refers to how and whether the item is attached to the property?
A - Method of annexation
B - Method of Exclusion
C - Method of intention
D - Method of adaptation,
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the supreme court justices do not seem to be getting along?
Due to the fact that they may have to argue against themselves in court, The supreme court justices do not seem to be getting along.
What causes Judges not to get along with each other?The justices often interrogate each other throughout the given period after the justices have heard from each side for a total of 30 minutes. Following the open hearing, the justices have a private meeting to examine the issue. They discuss the concerns, give each other their perspectives, and finally reach a decision.
The justices do not appear to be getting along, with the exception of Gorsuch and Amy Coney Barrett (who appear to be enjoying their time sitting next to one another).
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Identify the true statements about the role of judges under the common law legal system in the United States.
The most typical function of a judge is to explain how a law pertains to a specific circumstance. The use of statute law is common for this.
Common law judges serve as "referees" in cases, with the parties approaching the judge just to settle disputes and have a case tried. In common law regimes, judges have the authority to interpret legislative statutes and are in charge of explaining the relevant legal principles to the jury. Hence, the true statements about the role of judges under the common law legal system in the United States are:
They determine the meaning of the Constitution.They can declare void the legislation of Congress.To know more about the Constitution :
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What major sphere of management of patrol operations is being demonstrated whenever a patrol supervisor arrives at a crime scene to assist in a felony arrest?
Investigators at crime scenes take pictures of the situation. They document the incident with images and measurements, gather forensic evidence, and uphold the correct chain of custody for that evidence.
Who is principally in responsibility of keeping a crime scene secure?Often, Police officers are the first to arrive at a crime scene. They are in charge of securing the location to stop the loss of any evidence and holding any suspects. The CSI UNIT carefully documents the crime scene and collects any physical evidence.
What should the investigator at the crime scene do immediately away?It is imperative that the first policeman on the scene properly secure the evidence. For the entire investigation to be successful, the first responder's ability to precisely locate, separate, and secure the scene is essential. To secure the region, a restricted perimeter should be established.
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Your supervising attorney asks you to sign a document as a witness although the document was not signed by the client in front of you
It is not appropriate for an attorney to ask a witness to sign a document that was not signed by the client in front of them. This is because it is considered to be a violation of legal and ethical guidelines
. A document that has been signed by a client in front of a witness is considered to be legally binding and is considered to be a "wet signature." A document that has not been signed by the client in front of a witness is not considered to be legally binding and is not considered to be a wet signature. Signing a document as a witness without the client present can be considered as a fraud and is a violation of legal and ethical rules. Therefore, as a legal professional, it is important to ensure that any document is signed in a manner that is consistent with legal and ethical guidelines, and to refuse to sign a document that does not meet these standards.
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A baker who had a contract for blueberry muffins tried unsuccessfully to negotiate with a blueberry farmer to purchase blueberries. The following evening, the baker waited until the farmer left her roadside stand and then entered the farmer's adjacent blueberry fields, and picked 25 quarts of blueberries. As the baker was loading the blueberries into his van, the baker had second thoughts about what he had done. Realizing the farmer would have no problem selling the blueberries at his stand, the baker carried the buckets filled with blueberries to the front of the farmer's stand. A few moments later, he was apprehended and charged with larceny.
Of the following, which would provide with baker with the best defense?
The baker had begun to voluntarily return the blueberries before he was apprehended.
The baker had not permanently deprived the farmer of her blueberries.
The farmer would not have suffered a loss because she could have sold the blueberries at her stand.
The baker had picked the blueberries himself.
The correct option of this question is: The baker had picked the blueberries himself.
"Larceny" and "burglary" are frequently utilized conversely to portray local misdemeanors where an individual unlawfully removes and conveys the property of one more without consent. Be that as it may, the suitable term to utilize relies upon state regulation.
Peruse on to look further into larceny to understand being accused of this wrongdoing and what results you might confront whenever indicted.
While talking in lawful terms, in any case, the definition and use of "robbery" and still up in the air by the state. The varieties between these terms makes it particularly significant for you to counsel an accomplished protection lawyer to understand how the wrongdoing is characterized in the jurisdiction in which you are charged.
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based on your knowledge and the infographic, which of the following is true regarding the role of social media in modern elections? choose 1 answer:
It is undoubtedly true that social media has an increasingly important role in modern elections. According to the infographic, social media has become an essential tool for candidates to reach and engage potential voters, as well as to share their messages and values.
Additionally, social media is also used to monitor and respond to public opinion, allowing candidates to craft their message in real-time Furthermore, social media can be used to fundraise and to influence decision-making in an indirect way. All in all, it is clear that social media plays a vital role in modern elections, both directly and indirectly. With the rise in technology, more and more campaigns are taking to social media to reach potential voters, and its influence has been seen in recent elections around the world. From engaging with voters to spreading their message, to raising funds and even manipulating public opinion, there is no denying that social media has become a major factor in modern election campaigns. Furthermore, the infographic suggests that social media has also been used to sway public opinion, and even to track voter behavior. Ultimately, it is clear that social media has become a powerful tool in the modern election process, and its influence is just beginning to be seen.
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according to the federal regulations, which of the following studies meets the definition of research with human subjects? a university designs an in-house study to improve the mentoring of women students in its engineering department w
Obtains information or bio specimens from the individual through intervention or interaction, and then uses, studies, or analyses the information or bio specimens.
A human subject is defined in 45 CFR 46 Link to Non-US Government Site - Click for Disclaimer as "a living person about whom an investigator (professional or student) is conducting research:
Obtains information or bio specimens from the individual through intervention or interaction, and then uses, studies, or analyses the information or bio specimens; or
Obtains, uses, studies, analyses, or creates identifiable private information or bio specimens."
This resource provides examples of human subjects research projects as well as a definition of human subjects research. It also describes what you'll need to prepare your NIH application and what you'll need if you're funded. This resource is a guide to help you understand the exemptions from federal regulations for human subjects research protection. It summarizes Exemptions 1, 2, 3, 4, 5, 6, 7, and 8, providing basic definitions, examples of studies that meet and do not meet the exemption criteria, and aspects to consider when conducting exempt or non-exempt human subjects research.
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17 YR old dependent receives income from trust of $1,000. Select one: a. Yes b. No
Yes, a 17-year-old dependent would receive income from a trust of $1,000. However, the income generated from the trust would be subject to tax laws, and the tax liability would depend on the specific details of the trust, such as the type of trust, the terms of the trust, and the source of the income.
What is an income trust?An income trust is a type of investment trust that holds assets that generate income. Income trusts are either personal investment funds or commercial trusts with publicly traded closed-end fund shares.
Additionally, the income may be subject to the "kiddie tax" which taxes the unearned income of a child at the parent's tax rate if the child is under age 19 or a full-time student under age 24. It is best to consult a tax professional or accountant to determine the specific tax implications in this situation.
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