Answer:
A person who is not satisfied with an appellate court’s decision can appeal to a higher court.
Explanation:
A person can appeal to a higher court but it doesn't mean the court is going to change his decision. There is a time from the sentence to the conviction, time for a person to appeal.
What limits has the supreme court placed on gerrymandering
Answer: The Federal government Authority judges has never been to correct partisan of redrawing electoral district to get electoral advantage. the Supreme Court is used to judging based on a 5-to-4 decision, which allows politicians to only draw electoral districts that brought about their power, unless there are laws preventing them from doing so, which might be congress/state laws.
The conservative majority decision overruled lower courts and also refused two constitutional challenges to partisan district chats.
Answer:
When the boundaries of an electoral constituency are manipulated so as to give advantage to one party of class it is known as Gerrymandering.
"Packing" which means localizing the opposing party's voting power in one district to enervate their voting power in other districts and "cracking" which refers to the art of weakening the voting power of the opposing party's supporters across many districts are two major methods used in gerrymandering.
Explanation:
One example of a gerrymandered US district would be North Carolina's 12th congressional district. Between 2003 and 2016 North Carolina's 12 congressional district was packed. The district has heavily dominated by African-American democrats.
It is the position of the US Supreme Court that redistricting which discriminates on racial or ethnic grounds lacks constitutional backing. However, it has been slow to issue a similarly-strong ruling for partisan redistricting. It is the decision of the Court that unrestrained partisan gerrymandering is unconstitutional.
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A person who illegally accesses or enters another person's or a company's computer system to obtain information or to steal money is known as a _______.
a. backer
b. reacher
c. hacker
d. trespasser
e. illicit user
Answer:
A person who illegally accesses or enters another person's or a company's computer system to obtain information or to steal money is known as a Hacker. Correct answer is C. Hacker.
Since 1. A person who uses computers to access data without authorization.
2. A person or thing that is roughly hacking or cutting.
Explanation:
Hacking refers to activities aimed at compromising digital devices, such as computers, smartphones, tablets, and even whole networks.
And while hacking may not always be for malicious purposes, nowadays most hacking references and hackers characterize it / them as cybercriminals ' unlawful activity — motivated by financial gain, protest, gathering (spying) information, and even just for the "fun" of the challenge.
A person who illegally accesses or enters another's computer system, typically for malicious purposes, like extracting information or stealing money, is known as a hacker.
Explanation:A person who illegally accesses or enters another person's or a company's computer system with the intent of accessing information or stealing money is known as a hacker. Hackers often exploit weaknesses in security systems or use coding and software skills to bypass security measures, with the intent of unauthorized intrusion. In the realm of cybercrime, hacking can cause significant damage to individuals or businesses from financial loss to privacy invasion.
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Jodi finds her brother-in-law, Cameron, irritating, but she can't avoid interacting with him because he is married to her sister. This reflects which characteristic of conflict?
A. Incompatible goals
B. An expressed struggle
C. Interdependence
D. Inevitability
The given scenario reflects Interdependence characteristic of conflicts.
Option C
Explanation:The characteristic described here is interdependence. As it is very clear to see that Jodi's sister is married to Cameron. She might not be dependent on Cameron directly but when it comes to her sister she is dependent directly. Clearly establishing a state of interdependency.
This is a very common issue and happens to many people where one can not show contempt to the opposite person as that person is somewhat related to the person which might have a grave affect on other relations as well. Sometimes such interdependency becomes very critical and needs to be resolved soon.
The statute of frauds requires certain types of contracts to be in writing. All of these contracts must be in writing except
The Statute of Frauds requires certain contracts to be in writing, but there is one exception known as part performance.
Explanation:The Statute of Frauds is a legal doctrine that requires certain contracts to be in writing in order to be enforceable. These contracts include agreements for the sale of land, contracts that cannot be performed within one year, contracts to pay someone else's debt, and contracts for the sale of goods over a certain value. However, there is one exception to the Statute of Frauds, and that is the doctrine of part performance. Part performance occurs when one party has already partially fulfilled their obligations under an oral contract, and the other party would be unjustly enriched if the contract were not enforced.
By ruling in james mcculloch’s favor in mcculloch v. Maryland, what was the verdict of this case
Answer:
McCulloch v. Maryland was a decision of the United States Supreme Court. The state of Maryland attempted to prevent a branch of the Second Bank of the United States from operating by imposing a tax on all banknotes of banks not founded in Maryland. The Second Bank of the United States was the only bank then present in the state that had not been founded on it. The Court invoked the Theory of Implicit Powers of the Constitution, which allowed the Federal Government to pass laws that are not expressly provided for in the Constitution, from a list of expressed powers, provided that those laws are useful for Congress's powers, pursuant to Constitution.
Final answer:
The McCulloch v. Maryland verdict ruled in favor of James McCulloch, establishing the principle of national supremacy and confirming that states cannot tax federal entities.
Explanation:
By ruling in James McCulloch's favor in McCulloch v. Maryland, the Supreme Court's verdict held that the Congess possessed implied powers under the necessary and proper clause of the Constitution. Moreover, this landmark decision confirmed that the states could not tax the federal government, establishing the principle of national supremacy.
The court's decision not only supported the legality of the Second Bank of the United States (BUS) but also affirmed that federal laws are the supreme law of the land, preventing states from imposing taxes on federal entities as it would undermine the authority of the national government.
The library of congress is the responsibility of which governmental branch?
Answer:
The Library of Congress is the responsibility of the Legislative Branch.
Explanation:
The Library of Congress is the US National Library. It is located in three buildings in Washington and is the largest library in the world in terms of shelf meters and book volume.
Founded in 1800, the library is the oldest cultural institution in the United States. On August 24, 1814, British forces burned down the Capitol building where the library was located and destroyed the library's collection of 3,000 works. On January 30, 1815, Congress approved the purchase of Thomas Jefferson's personal collection of 6,487 books for $ 23,950. In 2007, the Library of Congress employed 3,691 people and had a budget of over $ 600 million.
Sarah believes that she was rejected for a position at Trekking Travel Agency due to her race. Sarah files a suit against Trekking Travel Agency under Title VII on the basis of disparate-treatment discrimination. Sarah must show all of the following except that_____________.
Answer: option d
Explanation:
This law suite becomes void if Sarah is unable to bring an alibi in the company of victims who are qualified to work in the company but suffered the same fate as she did to back her claims against trekking travel
Answer:
D. Other people of her race hold similar positions with other employers
Explanation:
The Title VII of the Civil Rights Act of 1964, is an act that forbids potential job employers from making unjust prejudicial distinction in the treatment of employees and potential job applicants on the bases of race, color, religion, national origin, and sex.
Title VII is designed to ensure that employment decisions are made based on objective, job-related criteria.
To prove Title VII discrimination, she must show that
She is qualified for the applied position She is a member of a protected class She suffered an unfavorable employment actionShe was subjected to an adverse employment action despite being qualifiedHaving highlighted these, showing that the city allowed other people of her race to hold similar positions with other employers raises an inference of discriminatory action .
In order to initiate a civil lawsuit in a federal court or in a state court, what must you do?
Answer:
I will file a complaint and 'serve' a copy of the complaint to the defendant.
Explanation:
In order to initiate a civil lawsuit in a federal court or in a state court involves the following process.
First, FILING OF COMPLAINTS; the plaintiff files a complaint with the court and “serves” a copy of the complaint on the defendant.
The plaintiff may seek money to compensate for the damages, or may ask the court to order the defendant to stop the conduct that is causing the harm.
Second, THE CASE PREPARATION; litigants must provide information to each other about the case, such as the identity of witnesses and copies of any documents related to the case.
And the trial process.
Hardee's and Carl's Jr. are fast food restaurants. Hardee's operates in the Midwest and Carl's Jr. operates on the West Coast. The two companies decide to merge. Is there a strong chance that the government will block this merger?
Answer:No, the chances that the government will block it is slim
Explanation:
The two restaurants decided to MERGE. MERGING in business means that there is incorporation of two or more companies together to form a single entity in order to achieve further efficiencies and productivities.
There are three (3) main types of merging and they are: HORRIZONTAL MERGING( this increases market share), VERTICAL MERGING(this exploit existing synergies) and finally, the CONCENTRIC MERGING(this expand productivities).
With the two restaurants, it might be because of the the three(3) types of merges.
The government will NOT block the merging because merging because of MARKET EXTENSION does not receive much scrutiny from the government.
Susan, a trained nurse, was recently elected to the U.S. Senate. Susan is very concerned about the lack of insurance for too many children and also working adults who cannot afford the insurance premiums. She proposes legislation that states are taxed sufficiently to provide health insurance coverage to children and that federal funds for state highways are denied to any state that does not also provide insurance coverage for uninsured adults. She also proposed that states with citizens earning higher than average incomes be taxed at a higher rate than other states. Bill, a senator, tells Susan that Congress lacks the authority to tax in this manner because the U.S. Constitution expressly reserves that right of the states Ellen, another senator, tells Susan that Congress has not authority to link highway funds or any other funds with social welfare objectives. Sam, an administrative assistant, tells Susan that Congress is prohibited from taxing residents of one state at a higher rate than citizens of another state. Which of the following is true regarding Bill's statement?
a. He is incorrect. The U.S. Constitution contains no such reservation
b. He is partially correct. The U.S. Constitution prohibits taxation in areas in which states also tax, but most states are not taxing for insurance purposes at this time
c. He is incorrect in saying that the U.S. Constitution expressly reserves the right to tax to the states, but he is correct in saying that Congress lacks the authority to tax in this manner because Congress cannot lay taxes for any reason other than essential needs of the federal government
d. He is incorrect in saying that the U.S. Constitution expressly reserves the right to tax to the states, but he is correct in saying that Congress lacks the authority to tax in this manner because the president has issued an executive order prohibiting such taxation
e. He is incorrect because the prohibition is contained in a federal statute passed by Congress, no in the U.S. Constitution
Final answer:
Bill's assertion that Congress can't tax in this manner because the Constitution reserves that right to the states is incorrect. The Constitution allows Congress to tax for general welfare but prohibits discriminatory tax practices among the states. Furthermore, while controversial, Congress does have precedent for linking funds to policy objectives.
Explanation:
Regarding the scenario presented, option (c) appears to be the most accurate. While the U.S. Constitution does not expressly reserve the right to tax to the states, it does grant Congress the authority to levy taxes. As per the Sixteenth Amendment, Congress has the power to impose a federal income tax. However, taxing residents of one state at a higher rate than residents of another state would violate the principle of equal protection under the law, as no such discrimination is allowed between states. The Constitution promotes equality among the states, not allowing taxes to favor or penalize residents of particular states.
In terms of Congress linking funds to certain objectives, while Bill's statement is incorrect about the right to tax being reserved to the states, the broader context of this principle, especially in view of the necessary and proper clause, has historically permitted Congress significant leeway to use its taxing and spending powers to pursue the welfare of the nation. This includes conditioning federal highway funds to enforce policies like the minimum drinking age, through measures such as the National Minimum Drinking Age Act of 1984.
What is one of the liberties guaranteed in the bill of rights
Answer:
The right of people to keep and bear arms
Explanation:
The second ammendment
Answer:
The answer is freedom of speech (C)
Explanation:
It's the second amendment
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Which of the following is using fraudulent means to obtain information about someone's phone use?
a. Pretexting
b. Ponzi scheme
c. False pretenses
d. False token
e. Defalcation
Answer:
The correct answer to the given question is A. Pretexting
Pretexting is defined as the practice of presenting yourself as someone else for private information purposes.
Explanation:
A Pretext for doing something or saying something that is not true is a justification (adj: pretextual). In the sense of a deceptive lie, pretexts may be based on a half-truth or created. Pretexts have been used to conceal behind actions and words the true purpose or excuse.
Final answer:
The use of fraudulent means to obtain phone use information is known as pretexting. Among the given choices, 'pretexting' is the term that specifically describes this act of identity theft.
Explanation:
The act of using fraudulent means to obtain information about someone's phone use is known as pretexting. Pretexting is a form of identity theft or 'True-name Fraud', where an individual, acting under a false pretense, acquires personal information such as phone records, social security numbers, PIN numbers, or passwords without the owner's consent. This information is then used to steal a person's identity, potentially leading to financial loss and unauthorized transactions. Among the choices given:
Pretexting (a) is the correct answer, as it directly involves fraudulently obtaining personal information.
A Ponzi scheme (b) is a fraudulent investing scam promising high rates of return with little risk.
False pretenses (c) typically involve deception to secure unlawful gain, which might overlap with pretexting but is a broader term in legal contexts.
A False token (d) is an object used to deceive, such as a counterfeit coin.
Defalcation (e) refers to the misappropriation of funds placed in one's trust or belonging to one's employer.
For a corporation to be held criminally liable for the acts of an employee, the prosecutor does not have to prove:
a. that the employee was acting within the scope of his/her employment
b. the employee was acting with the purpose of benefiting the corporation
c. the act was imputed to the corporation
d. the act is not punishable only by prison time
e. that the employee was receiving a benefit from the criminal act
For a corporation to be held criminally liable for the acts of an employee, the prosecutor does not have to prove that the employee was receiving a benefit from the criminal act.
Option e
Explanation:
An entity that exists only through its employees and their functions is called as an corporation. Although, a corporation may be held liable for various criminal activities, for example: the employee did that criminal act in the scope of employment, the failure in performing an affirmative duty.
Corporations must perform certain responsibilities and duties to which they are bound to, if unable to perform those duties, it may result in criminal liability. However, a criminally liable company's prosecutor does not have to prove that the "employee was trying to receive some benefit from the criminal act".
For a corporation to be held criminally liable, the prosecutor does not need to prove that the employee personally benefited from the act; they must establish other key elements related to the scope of employment and the benefit to the corporation.
Explanation:For a corporation to be held criminally liable for the acts of an employee, the prosecutor does not have to prove that the employee was receiving a benefit from the criminal act. Therefore, the correct answer is e. that the employee was receiving a benefit from the criminal act. Other key elements that must generally be demonstrated include that the employee was acting within the scope of employment, the act was intended to benefit the corporation, and the act can be imputed to the corporation. The punishment for corporate crime may vary, but it is important to note that a corporation, as with natural persons, can be held responsible for crimes such as fraud and manslaughter, highlighting the concept of corporate liability.
New State passes a law prohibiting the importation of out-of-state apples in order to help in-state growers. Which of the following is the best argument for the out-of-state growers who wish to challenge the new law?
a. That it violates the dormant commerce clause
b. That it violates the explicit preemption clause
c. That it violates the First Amendment
d. That it violates the Fourth Amendment
e. That it violates due process
It violates the dormant commerce clause is the best argument for the out-of-state growers who wish to challenge the new law.
Option a
Explanation:
The dormant commerce clause states that any state must not discriminate between other state's commerce systems or competitions. This clause also limits the power that individual states have on these matters. It is used by the judiciary to overturn the "state regulation of commerce and trade".
In recent years, the dormant commerce clause has been a subject of resurgence of both scholarly and judicial concern. In the given example, the state passing a law to limit the introduction of out of state grown apples violating the "dormant commerce clause" for which the out of state apple growers can challenge the new law which has been imposed by the new state.
Final answer:
The best argument for out-of-state growers challenging the new State law is that it violates the dormant commerce clause, as this clause prevents states from establishing laws that unduly burden or discriminate against interstate trade in favor of in-state economic interests.
Explanation:
The best argument for the out-of-state growers who wish to challenge the new law prohibiting the importation of out-of-state apples to help in-state growers is that it violates the dormant commerce clause. The commerce clause, as well as the supremacy clause, prohibits states from establishing laws that discriminate against or excessively burden interstate commerce. In this case, the State law is favoring in-state economic interests over out-of-state competitors by restricting the importation of out-of-state goods, which is precisely the type of state legislation that the dormant commerce clause is intended to prevent. Such a law could be seen as a regulatory measure that has the purpose or effect of protectionism, which the dormant commerce clause explicitly prohibits since it would disrupt the free flow of trade among the states.
While there are other constitutional provisions that protect against discrimination and assure fair treatment of individuals and economic entities, such as the privileges and immunities clause, those would not be as directly applicable in this context as the dormant commerce clause. In contrast, the explicit preemption clause, First Amendment, Fourth Amendment, and due process are not the best arguments for this case as they address different constitutional concerns that are not primarily related to interstate commerce.
The powers not delegated to the united states by the constitution
Answer:
The powers not delegated to the united states by the constitution are reserved to the states or to the people.
Explanation:
The foregoing is set forth in the Tenth Amendment of the US Constitution whereby it is implied that the powers that are not granted to the US Federal Government belong to the states. These are also known as reserved powers. The purpose of this provision is to define a division of power between the federal government and state governments. Therefore, the power of the federal government is limited.
What court case gave the supreme court the power of judicial review
Marbury v. Madison was the case which gave the Supreme Court the power of judicial review.
Explanation:
Marbury v. Madison was the case in which the Supreme Court, where the Court asserted its authority for judicial review, calling a law unconstitutional.
In the end of the Judge’s opinion in this judgment, Chief Justice John Marshall explained that this is the responsibility of the Supreme Court to reverse the unconstitutional law because it is necessary result of a Judge’s pledge to maintain the writings of the Constitution as directed in Article 6 in our Constitution.
The Judicial review can be defined as the power of Supreme Court to check and decide in case of a violation of existing law.
One weakness of the articles of confederation was that congress could not
Answer:
COULD NOT RAISE TAXES
Explanation:
What weaknesses in the articles of Confederation made a lasting government impossible? The Confederation Congress lacked key powers - it could not raise taxes or regulate trade. The Congress could not make states obey the laws it passed.
The weakness of the Articles of Confederation was that Congress could not raise an army or navy, leaving defense to the states.
Explanation:The Articles of Confederation were the first constitution of the United States, adopted in 1777 and ratified in 1781. They established a loose union of states with a weak central government, leading to issues and ultimately the drafting of the U.S. Constitution in 1787. One weakness of the Articles of Confederation was that Congress could not raise an army or navy.
This was a result of the fear of a standing army controlled by a tyrannical government. Instead, defense was left to the states, which meant that the national government had to rely on the states to provide soldiers. If the states chose not to honor the national government's request, the country would lack adequate defense, which was particularly dangerous during a time when England and Spain still controlled large portions of North America.
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The basic purpose of tort law is to punish criminal wrongdoers. True or False
The basic purpose of tort law is to punish criminal wrongdoers is false.
Explanation: The tort law broadly enumerates the punishments against civil wrong committed by an individual or a group of individuals. These 'wrongs' involve acts like trespassing, sale of hazardous products without the necessary prior permissions, causing mental harm to someone, possessing carelessness, etc. The origin of tort laws is found in the ancient Roman laws that were implemented in order to punish the ones found guilty in behavioral crimes.Which of the following statements proves the existence of wage discrimination?
(A) Male prison guards earn more on average than female prison guards.
(B) Professor of economics earn more on average than professors of gender studies.
(C) Men earn more on average than women.
(D) All of the above prove the existence of wage discrimination.
(E) None of the above prove the existence of wage discrimination.