True. In a common law system, judges generally follow the principle of stare decisis, which means that they are bound to follow the decisions of higher courts in similar cases.
This helps to ensure consistency and predictability in the law. However, there are situations where a judge may choose to depart from precedent. For example, if a prior case is no longer good law because of a change in the law, or if a prior case was clearly decided incorrectly, a judge may choose to overturn the precedent. Additionally, if there are compelling reasons to do so, the judge may choose to depart from precedent in order to reach a decision that is more just or equitable for the parties involved.
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congress has the right to pass laws, as long as:they do not conflict with the united states constitution.they do not conflict with administrative regulations.they follow the common law.it follows precedent.
Congress has the right to pass laws, as long as they do not conflict with administrative regulations. It have the force of law that means a rules of regulation that is adopted by a state regulatory agency to interpret, implement or make the specific law that is administered or enforced by it.
According to that body's area of responsibility, Administrative regulation law which is also referred to known as the regulatory law in which law is enforced and promulgated by an administrative body. Yes, regulations have the same effect as laws because it is adopted regulations that is filed with the state secretary having the force of law.
The value and importance of administrative law provides the legal basis as to the functioning of these agencies and departments and seeks to establish efficient methods and procedures.To providing judicial review of agency actions, administrative body of law curbs the power of the executive branch and provides transparency to the public.
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in alabama, how far must a vessel stay from a diver-down flag?
The displayed diver's flag must be kept at least 100 feet away from vessels. Operator must maintain a proper lookout.
Typically, operators are a portion of the mathematical, conditional, or logical expressions in a program that manipulates variables and data. A symbol that instructs the compiler to carry out particular mathematical, logical, or conditional operations is what is meant when we state that an operator is such a symbol. Managers that prioritize assisting others in completing tasks are frequently kind and supportive. In general, operators will present the team with explicit instructions and recommendations. Replicable success and superior outcomes are the team's main priorities. A person who works as a machine operator, such as a computer operator, is employed to run or manage a machine. A person or organization that manages a business is known as an operator.
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in federal court, and without a court order, which of the following is an authorized way to serve process on an individual?
In federal court, there are several authorized ways to serve process on an individual without a court order. These include:
Personal Service: This is the most traditional method of service, where a process server personally delivers the summons and complaint to the individual.
Mailing: Service can be accomplished by mailing a copy of the summons and complaint by first-class mail, with an additional copy sent by certified mail, return receipt requested.
Waiver of Service: An individual can waive their right to service by signing a written waiver of service form, which must be filed with the court.
Substituted Service: Service can be made at the individual's residence or usual place of abode by leaving a copy of the summons and complaint with someone of suitable age and discretion who lives there.
Service by Publication: In certain circumstances, service can be made by publishing notice of the lawsuit in a newspaper of general circulation in the area where the individual is believed to reside.
It is important to note that these methods are subject to the Federal Rule of Civil Procedure and the jurisdiction where the process server serves the summons. Also, the court may require additional steps to be taken to serve the process in certain circumstances.
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After reading the case or brief of US v. Koenig 856 F.2d 843 (7th Cir. 1988), do you think private shipping companies have a right to search packages? What about the US Postal Service?
From the case of US v. Koenig, private shipping companies do not have the power to search packages unless they have a warrant.
When Situations are Warrants Necessary?The case of US v. Koenig dealt with the issue of whether private shipping companies have the right to search packages. In that case, the United States Court of Appeals for the Seventh Circuit ruled that private shipping companies do not have a general authority to search packages without a warrant.
As for the US Postal Service, it is a government agency and is subject to the Fourth Amendment of the US Constitution, which protects against unreasonable searches and seizures. In general, the Postal Service may only conduct a search of a package if it has a warrant or if it has probable cause to believe that the package contains contraband.
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public opion polls idnicate that which of thse is the strongest feature of american poltical culture?
Public opinion—citizens’ attitudes about political issues, leaders, institutions, and events—serves as a political basis of support for contemporary politicians.
Presidents, members of Congress, and even the Supreme Court must take account of public opinion in their efforts to govern and to make and implement policy.
As the standard by which we judge the strength of American democracy, public opinion—its origins, its development, and its influence—is a key concern of modern political science. Operating at both the individual level and the collective level, public preferences are quite complex.
Understanding the origins of public opinion, the state of contemporary public knowledge about politics, and the ways that political elites shape and measure public opinion are the key aims of this chapter.
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The right way of asking the question is:
Do public opinion polls indicate which of these is an especially strong feature of American political culture?
given the information in the table, which of the following groups has the most financial resources to use to influence policymaking?
The claim that a business uses the financial-incentives technique when giving legislators technical information to sway a vote is untrue.
Simply described, a financial incentive is money given to encourage actions or behaviors that would not have occurred without it. A financial benefit that a company offers to its customers or employees could be considered a financial incentive The term can also be used to describe benefits given to members of the public in order to entice them to offer assistance or information. A individual, company, or organization offers money as a financial incentive to encourage certain behaviors or actions. Specifically, activities or conduct that did not develop organically. A monetary incentive or reward drives some actions or behaviors. In conclusion, a financial incentive is a benefit provided to customers or firms to persuade them to perform a step they otherwise wouldn't.
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what is the maximum sentence for involuntary manslaughter?
Involuntary manslaughter is a criminal offense that is punishable by up to 10 years in prison and/or a fine.The exact sentence depends on the severity of the crime and state laws.
In some cases, the judge may decide to apply a harsher sentence due to the circumstances of the crime. For example, a judge may apply a higher sentence if the crime was motivated by hatred or if the victim was a minor. In cases where the offender has a criminal history, the sentence may be even more severe. In general, the maximum sentence for involuntary manslaughter is 10 years in prison.
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the fourteenth amendment extends which of the following liberties to citizens of the various states?
The Fourteenth Amendment to the United States Constitution extends the following liberties to citizens of the various states due process, equal protection, and Privileges and immunities. Here option D is the correct answer.
Due process: The Fourteenth Amendment's Due Process Clause prohibits state governments from denying any person "life, liberty, or property, without due process of law." This ensures that citizens are protected from arbitrary governmental action and are entitled to fair procedures in any legal proceedings that may affect their rights.
Equal protection: The Fourteenth Amendment's Equal Protection Clause prohibits state governments from denying any person within its jurisdiction the equal protection of the laws. This ensures that all citizens are treated equally under the law and prohibits discrimination on the basis of race, gender, age, religion, or other characteristics.
Privileges and immunities: The Fourteenth Amendment extends the privileges and immunities of citizenship to all citizens of the various states. This means that states cannot deny citizens of other states the same rights and protections that they provide to their own citizens.
Complete question:
The fourteenth amendment extends which of the following liberties to citizens of the various states?
A - due process
B - equal protection
C - Privileges and immunities
D - All of these
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The United States Constitution's Fourteenth Amendment grants people of the several states the following liberties: due process, equal protection, and privileges and immunities.
The right response in this case is option D.
Due process: According to the Due Process Clause of the Fourteenth Amendment, states cannot deny anybody "life, liberty, or property, without due process of law." This guarantees that people have the right to fair procedures in any legal proceedings that can influence their rights as well as protection from arbitrary government action.
Equal protection: The Equal Protection Clause of the Fourteenth Amendment forbids state governments from depriving any anyone within their jurisdiction of the equal protection of the laws. As a result, discrimination based on race, gender, age, religion, or any other trait is forbidden and all residents are guaranteed equal treatment under the law.
All citizens of the several states are granted citizenship privileges and immunities under the Fourteenth Amendment. This means that states must grant the same rights and protections to residents of other states as they do to their own citizens.
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Complete question:
The fourteenth amendment extends which of the following liberties to citizens of the various states?
A - due process
B - equal protection
C - Privileges and immunities
D - All of these
true/false. president grants administration experienced several scandals during his tenure as president and as a resul, his presidency is ranked below average. of the below presidents which one would most likely be ranked lower than president grant
President Grant's administration experienced several scandals during his tenure as president. However, the most likely to be ranked lower than President Grant is Andrew Johnson
Several scandals, involving corruption and fraud in his government, occurred during the administration of President S. Grant. His presidency is considered to have been below average by historians in part because of these incidents. But most people agree that the administration of President Andrew Johnson is among the worst in American history.
He was subject to impeachment and received harsh criticism for the way he handled Reconstruction and his vetoes of civil rights legislation. Many historians consider his presidency to be among the worst in American history as a result. Later, the U.S. Senate held Andrew Johnson's impeachment trial. It ended with three of the eleven counts against Johnson being dismissed before adjourning sine die without reaching a decision on the other allegations.
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Which amendments laid the foundation for the process of extending the protection within the Bill of Rights to the states?
a. 14th
b. 15th
c. 16th
d. 17th
14th amendment laid the foundation for the process of extending the protection within the Bill of Rights to the states.
The Supreme Court determined that the Fourteenth Amendment guaranteed that some provisions of the Bill of Rights were enforceable against the states as well as the federal government in a string of rulings that started in 1897.
It outlines the rights of Americans in regard to their government. Individuals are given civil rights and liberties like freedom of speech, of the press, and of religion. All of the powers not granted to the Federal Government are reserved for the people or the States, and it establishes guidelines for due process of law.
The Federalists made concessions in order to secure ratification, and the First Congress suggested a Bill of Rights as a safeguard for individuals who feared a powerful national government.
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Why did Congress pass the federal Identity Theft and Assumption Deterrence Act?
Answer:
This act (Pub. L. 108–275 § 1028A) establishes penalties for "aggravated" identity theft, which is using the identity of another person to commit felony crimes, including immigration violations, theft of another's Social Security benefits, and acts of domestic terrorism.
Explanation:
Answer:
In 1998, Congress passed the Identity Theft and Assumption Deterrence Act, which officially made identity theft a federal crime.
Explanation:
In 1998, Congress passed the Identity Theft and Assumption Deterrence Act, which officially made identity theft a federal crime.
which of the following are powers that are delegated to the president under article ii of the constitution?
The powers that are delegated to the president under Article ii of the constitution are appointing ambassadors with advice and consent of the Senate and making treaties with advice and consent of the Senate.
The correct options are A and C.
The powers of the president of the United States include those expressly granted by Article II of the Constitution, as well as implied powers, powers granted by acts of Congress, and a significant amount of soft power associated with the office.
In accordance with the Constitution, the president has the authority to issue pardons and reprieves, command the armed forces, request the written advice of their Cabinet, convene or adjourn Congress, and welcome diplomats.
The president shall take care that the laws are faithfully executed and the president has the power to appoint and remove executive officers. The president may make treaties, which need to be ratified by two-thirds of the Senate.
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The question is incomplete. The complete question is:
Which of the following are powers that are delegated to the president under article ii of the constitution?
a. appointing ambassadors
b. appointing civil servants
c. forming treaties
d. manage administration.
What is the analysis regarding the Griffin v. State case?
The trial judge misused his discretion by allowing the pages purportedly printed from Barber's My Space profile as evidence, according to the appellate court, because they were not authenticated in accordance with Maryland law.
What is trial judge?A court with original jurisdiction where trials are conducted is known as a trial court or court of first instance. Higher courts with the ability of appellate review typically hear appeals from the judgments of trial courts.
The majority of appellate courts only make decisions regarding legal issues and lack the power to hear witness or accept evidence.
Evidence and testimony are allowed in the trial court in accordance with the procedural legislation that applies and the rules of evidence, and conclusions known as findings of fact are reached based on the evidence.
Based on the relevant law, the court, which is presided over by one or more judges, renders findings of fact. A jury and one judge frequently sit in the trial court in common law jurisdictions.
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The hierarchy rule is utilized in which of the following reporting systems?
The hierarchy rule used in the reporting systems is Summary Reporting System.
Summary Reporting system in hierarchy rule states that only the most prominent crime contributes to the monthly total crime when more than one offences is committed within an incident.
Since 1930, Federal Bereau of Investigation FBI has been using the SRS to collect Uniform Crimes Reporting Statistics. The crimes of the same type will be grouped and the most prominent out of them will be reported.
Only one crime can be reported with an incident.
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Brandon is a traveling salesperson for Best Publishing Co. His job is to drive around to bookstores and persuade them to stock Best publications. One day, while on his way to his next appointment in College Park, Brandon accidentally rear-ends Emily.
A. Has Brandon committed a tort? What will Emily have to prove to hold Best liable?
B. Assume Brandon uses his own car, sets his own hours, decides without direction from Best what bookstores to visit, and is paid according to how many books he places in bookstores. What kind of agent is Brandon? How does this affect Best’s liability?
C. Assume Brandon takes directions from Best on most aspects of his job. While stopping to get gas, Brandon gets into a fistfight with the station attendant, who makes a negative comment about Brandon’s favorite baseball team. Brandon injures the attendant. If the attendant sues Best, what will Best argue to avoid liability?
Note that in the above situation, it is right to state that;
A. Brandon has committed a tort of negligence. Emily will have to prove that Brandon was negligent and that the negligence caused her injuries.
B. Brandon is an independent contractor. Best will not be liable for his actions unless they are found to be negligent in hiring him.
C. Best will argue that Brandon was not acting within the scope of his employment when he got into the fight.
What is Tort?A tort is a wrongful act or injury that causes harm to another person, for which the injured party can seek compensation in civil court.
Torts can be intentional or accidental and can include actions such as negligence, defamation, and battery.
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Summarize 1-3 Articles of the U.S. Constitution
Answer:
Article I of the U.S. Constitution establishes the legislative branch of the federal government, consisting of the House of Representatives and the Senate. It also outlines the powers of Congress such as the ability to raise taxes and regulate interstate commerce.
Article II lays out the executive branch, the President, and their powers such as the ability to make treaties and conduct foreign policy.
Article III establishes the judicial branch of the federal government, consisting of the Supreme Court and other federal courts. It also outlines the jurisdiction of the court system and the limits of the judicial powers.
Explanation:
Emile Durkheim stated several reasons why deviance was actually functional for society. Which of the following was not one of them?O White collar crime is an act committed in the course of a legitimate occupation, street crime is not.
O The difference in the social class of the Saints compared to the Roughnecks.
O They are all conditions that result in stigma.
O One deviant act leads to another, which increases social solidarity
The last option is the correct answer to this question. One deviant act leads to another, which increases social solidarity.
Deviance, also known as the sociology of deviance, is the study of activities and/or behaviors that go against established social standards, including both official and unofficial transgressions.
It may erode ingrained social norms and lead to discord and chaos. However, it also serves other purposes that aren't always bad and might even be advantageous to society.
Deviance is behavior that deviates from societal expectations and causes ill feelings in other people. Crime is conduct that is seen as being so serious that it is against the formal laws that forbid such conduct. The term "social control" describes efforts made by a society to stop and punish norm-breaking behavior.
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true/false. under the uniform securities act of 1956, as amended, an issuer is defined as: any person engaged in the sale of new issue offerings to the public any person who issues or proposes to issue a security any person engaged in the sale of non-exempt securities offerings to the public any person engaged in the sale of secondary offerings to the public
The given statement "under the uniform securities act of 1956, as amended, an issuer is defined as: any person engaged in the sale of new issue offerings to the public any person who issues or proposes to issue a security any person engaged in the sale of non-exempt securities offerings to the public any person engaged in the sale of secondary offerings to the public" is false because as issuer has been defined acts has not bbeen defined in this way under the Unifrom Securities Act.
Under the aforesaid act, an issuer means any individual or entity that issues or proposes to issue any security, with the certain exceptions:
The first exception states that with regard to certificates of deposit, voting trust certificates, collateral trust certificates, certificates of interest, or shares in an unincorporated investment trust that does not have a board of directors or other individuals performing similar duties.
It further excludes those securities in the nature or of the fixed, restricted management, or unit type, the term "issuer" means the individual or entity that performs the acts and assuages the claims with respect to those certificates of deposit, voting trust certificates.
The second exception states "issuer" is not regarded for certificates of interest or participation in oil, gas, or mining titles or leases, or in payments out of production under such titles or leases.
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Discuss three digital footprints you have left within the last week.
Describe what online safety, security, or privacy issue exist for each footprint.
Describe a time when you or someone you know was a victim of phishing.
Explain three steps that could enhance your privacy, security, and safety online now and in the future.
Digital footprints that may have been left have been discussed below
Searching the web: When you search the web, you leave a digital footprint in the form of search history and cookies. This footprint can be used by companies to track your browsing habits and show you targeted ads. Privacy issues include the collection and use of personal data by companies without the user's knowledge or consent.Social media posts: When you post on social media, you leave a digital footprint in the form of your posts and activity. This footprint can be used by companies to track your interests and activity, and by hackers and scammers to gain access to your personal information. Privacy issues include the sharing of personal information with third parties and the potential for hackers to access personal information.Online shopping: When you shop online, you leave a digital footprint in the form of purchase history and payment information. This footprint can be used by companies to track your shopping habits and show you targeted ads. Privacy issues include the collection and use of personal information and payment information by companies without the user's knowledge or consent.As for online safety, security, and privacy, a few steps that could enhance them are:
Using a strong and unique password for each account, and changing them periodically.Using a reputable security software and keeping it updated.Being cautious when clicking on links or opening attachments in emails, even if they appear to be from a known sender.Using two-factor authentication whenever possible to add an extra layerRead more on digital footprints here: https://brainly.com/question/5679893
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When passing a large truck or other large vehicle, make sure you ___________ before pulling back in front of the vehicle.
A. count two seconds B. are at least 15 feet ahead C. can see the front of the vehicle in your rearview mirror D. are at least one car length ahead
When passing a large truck or other large vehicle, it is important to make sure you can see the front of the vehicle in your rearview mirror.
It is widely assumed that large vehicles or trucks have poor visibility around the front, back, and sides of the vehicle. They have a lot of blind spots, which can be dangerous for other smaller vehicles.
When passing such large trucks and vehicles, the front of the vehicles should be visible in the rearview mirror, which correlates to the truck driver's frontal view and can be assumed as an assurance that the smaller vehicle is visible and not hidden in the blind spots.
It is also critical to either slow down or move ahead to ensure that your vehicle is visible to large vehicle drivers.
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Label these examples as either instances of representative or direct democracy. Representative democracy:-A major bill supported by the majority of citizens passes a state legislature.-Congress votes to impeach an unpopular president.
Representative democracy:
-A major bill supported by the majority of citizens passes a state legislature.
Representative democracy:
-Congress votes to impeach an unpopular president.
-A major bill that many legislators campaigned on passes Congress.
Direct democracy:
-A state constitution is amended following a referendum.
-California's citizens vote to recall their governor.
In contrast to direct democracy, representative democracy is based on the idea that elected officials should represent a group of people. It is also referred to as indirect democracy or representative governance.
Larger nations, where the sheer number of persons involved would make direct democracy unworkable, are more likely to use representative democracy.
Direct democracy, often known as pure democracy, is a type of democracy in which the people makes decisions regarding major policy matters without the assistance of elected officials. This is distinct from representative democracies, which make up the majority of currently existing democracies.
The complete question is:
Label these examples as either instances of representative or direct democracy.
-A major bill supported by the majority of citizens passes a state legislature.
-Congress votes to impeach an unpopular president.
-A major bill that many legislators campaigned on passes Congress.
-A state constitution is amended following a referendum.
-California's citizens vote to recall their governor.
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when assessing whether an agency action was arbitrary or capricious, courts generally look at several factors, including whether the agency failed to provide a select explanation for its decision; changed its prior policy without select ; considered legally select factors; failed to consider a select fact; or made a decision select to the evidence
When assessing whether an agency action was arbitrary or capricious, courts generally look at several factors, including whether the agency failed to provide a rational, explanation for its decision; changed its prior policy without justification ; considered legally inappropriate factors; failed to consider a relevant fact; or made a decision contrary to the evidence.
The blanks in the given statement are to be filled with the words, rational, justification, inappropriate, relevant, contrary.
Thus the corrected paragraph stands as "When assessing whether an agency action was arbitrary or capricious, courts generally look at several factors including whether the agency failed to provide a rational, explanation for its decision; changed its prior policy without justification, ; considered legally inappropriate, factors; failed to consider a relevant fact; or made a decision to the contrary evidence.
Arbitrary refers to a judge's decision in a court matter that is not based on a just application of the law but rather on the judge's personal judgement.
For instance, it would be arbitrary to declare someone guilty of a crime merely due to the presence of a beard or other sign of clothing that connotes some religious affiliation.
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thomson association is an organization that conducts campaigns and protests against the construction and operation of industries and factories in residential and forest areas. they also mobilize people to lobby against the government to implement standards and regulations on the establishment of hazardous industries. since it is an independent organization, it takes care of its own economic and political interests. based on this information, thomson association would come under the purview of the .
Thomson association is an organization that conducts campaigns and protests against the construction and operation of industries and factories in residential and forest areas: Civil Society.
Civil society can be perceived as the "third area" of society, particular from government and business, and including the family and the confidential circle. By different creators, civil society is utilized in the feeling of 1) the total of non-governmental organizations and foundations that advance the interests and will of residents or 2) people and organizations in a society which are free of the public authority.
In some cases the term civil society is utilized in the more broad feeling of "the components like right to speak freely, an autonomous legal executive, and so on, that make up a vote based society" (Collins English Word reference). Particularly in the conversations among masterminds of Eastern and Focal Europe, civil society is likewise viewed as a regulating idea of civic values.
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the county trial courts are courts of jurisdiction.? appellate original review special
The county trial courts are courts of original jurisdiction.
The correct option is B.
The competence of a court to hear and rule on a case prior to any appellate review is called its Original Jurisdiction.
Original jurisdiction is a requirement for a trial court to hear certain sorts of matters.
The law's definition of the Court's original jurisdiction is found in 28 U.S.C. 1251.
According to Section 1251(a), the Court's jurisdiction over one form of issue (disputes between states) is not only "original," but also exclusive.
In other words, only the Supreme Court has the power to exercise jurisdiction under the Constitution if the parties are unable to reach a resolution.
Several minor but significant categories of cases are under the Supreme Court's "original jurisdiction."
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what are the steps necessary for a bill to become law?
where were the war crimes trials held for the balkan war?
is a procedure during which the name of the defendant and the alleged crime are recorded in the investigating agency's or police department's records.
Police investigation record is a procedure during which the name of the defendant and the alleged crime are recorded in the investigating agency's or police department's records.
The Code of Criminal Procedure referred to the police investigating the records for the collection of evidence which is conducted by an authorative officers who is authorized by a Magistrate.There are three types of investigations which include suchas Experimental , Comparative, Descriptive.
The procedure of police investigating consists based on the following steps that is first FIR report filling, location of the crime,collecting evidence and interrogating the relevant persons. The police play the most important role in the investigation of a criminal case menas they have to investigate the cognizable case and find the truth as per the provisions of laws.
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a state legislature recently enacted a statute forbidding public utilities regulated by the state's public service commission to increase their rates more than once every two years. a power company, a public utility regulated by that commission, has just obtained approval of the commission for a general rate increase. the power company has routinely filed for a rate increase every ten to 14 months during the last 20 years. because of uncertainties about future fuel prices, the power company cannot ascertain with any certainty the date when it will need a further rate increase; but it thinks it may need such an increase sometime within the next 18 months.
The correct option of this question is: (C) dismiss the complaint, because this action is not ripe for decision.
public utility, undertaking that gives specific classes of administrations to the public, including normal transporter transportation (transports, aircrafts, railways, engine cargo transporters, pipelines, and so on); phone and transmit; power, intensity, and light; and local area offices for water, sterilization, and comparable administrations. In many nations such endeavors are state-possessed and state-worked, however in the US they are mostly exclusive and are worked under close governmental regulation.
The exemplary clarification for the need to manage public utilities is that they are endeavors in which the innovation of creation, transmission, and dissemination unavoidably prompts total or fractional syndication — that they are, in an expression, natural monopolies.
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The complete question is:
The legislature of the state of Gray recently enacted a statute forbidding public utilities regulated by the Gray Public Service Commission to increase their rates more than once every two years. Economy Electric Power Company, a public utility regulated by that commission, has just obtained approval of the commission for a general rate increase. Economy Electric has routinely filed for a rate increase every ten to 14 months during the last 20 years. Because of uncertainties about future fuel prices, the power company cannot ascertain with any certainty the date when it will need a further rate increase; but it thinks it may need such an increase sometime within the next 18 months. Economy Electric files an action in the federal district court in Gray requesting a declaratory judgment that this new statute of Gray forbidding public utility rate increases more often than once every two years is unconstitutional. Assume no federal statute is relevant. In this case, the court should
(A) hold the statute unconstitutional, because such a moratorium on rate increases deprives utilities of their property without due process of law.
(B) hold the statute constitutional, because the judgment of a legislature on a matter involving economic regulation is entitled to great deference.
(C) dismiss the complaint, because this action is not ripe for decision.
(D) dismiss the complaint, because controversies over state regulated utility rates are outside of the jurisdiction conferred on federal courts by Article III of the Constitution.
in a civil assault suit between a plaintiff and a defendant, a witness testified that the defendant had been with her on the night of the alleged assault, more than 200 miles away from where the assault was alleged to have occurred. to challenge the witness's credibility, the plaintiff's attorney sought to present evide
No, the judge should not admit the evidence because Any witness, including a criminal defendant, may be impeached if evidence is presented that he was convicted of any crime involving dishonesty or false statement within ten years of his conviction.
Embezzlement is a dishonesty or false statement crime. The prosecution may use the conviction for impeachment purposes because it occurred within the last ten years. Answer is incorrect because it describes the standard used to determine whether the court may overturn a conviction for a crime that does not involve dishonesty or a false statement.
In general, a court may not exclude crimes involving dishonesty or false statements committed within the previous ten years. Conviction for a crime involving dishonesty or a false statement committed within the last ten years can be used to impeach a criminal defendant who testifies in his own defense.
Because, while the conviction cannot be used to determine whether the defendant committed an assault, it can be used to impeach the defendant as a witness.
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Complete Question:
In a civil assault suit between a plaintiff and a defendant, a witness testified that the defendant had been with her on the night of the alleged assault, more than 200 miles away from where the assault was alleged to have occurred. To challenge the witness's credibility, the plaintiff's attorney sought to present evidence of the witness's juvenile conviction for voluntary manslaughter five years ago. The defendant objected to the admission of this evidence. Should the judge admit the evidence?
(1) Yes.
(2) Yes, but only if the judge concludes that the probative value of admitting this evidence outweighs its prejudicial effect to the witness.
(3) No, but only if the judge concludes that the probative value of admitting this evidence is outweighed by its prejudicial effect to the witness.
(4) No.
how does the presidential nominating process illustrate the process of constitutional change?
Answer:
The presidential nominating process illustrates the process of constitutional change by showing how the political parties have evolved over time, adapting to changing circumstances and adapting to new technologies, and changing the way they select their nominee for president.