The ruling of the Supreme Court in this case illustrates the concept of preemption.
The municipality zoning ordinance attempted to regulate the placement of satellite dish antennas in residential areas through size and location requirements. However, the Supreme Court declared the ordinance unconstitutional because it violated the Federal Communications Commission (FCC) Regulation law.
Preemption occurs when a higher level of law, such as a federal law or regulation, supersedes or preempts a conflicting state or local law. In this case, the FCC Regulation law, being a federal law, took precedence over the local zoning ordinance.
In this particular case, the Supreme Court ruled that the municipality's zoning ordinance was unconstitutional because it directly conflicted with the FCC Regulation law. The FCC, as a federal agency, has the authority to regulate satellite dish antennas and determine the rules governing their placement. Therefore, the Supreme Court's decision in favor of preemption upheld the federal authority and struck down the local ordinance.
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Does spending the most money usually result in an election victory?
Answer:
The candidate who spends the most money usually wins
Explanation:
In which type of jurisdiction does a sovereign
have power over a defendant because the
defendant is accused of engaging in an act either
in or through contact with the place in which the
court is located?
Oa. venue
4
Ob. concurrent jurisdiction
Oc. subject matter jurisdiction
Od. personal jurisdiction
Answer:
b which is concurrent jurisdiction
How does studying sociology benefit people's thinking?
It helps people focus more on nature than on nurture to
understand human behavior.
It helps people use their preconceived notions to form opinions
about others.
It helps people be more open to diverse cultures and different
perspectives.
It helps people understand others in isolation from their social
contexts.
Studying sociology helps people be more open to diverse cultures and different
Sociology is a discipline that analyzes human society critically. Different cultures are a result of the fact that societies are rarely culturally homogeneous. Different cultural traditions emerge as cultures grow and become more complicated. The likelihood that a culture will be internally diverse and varied increases with the complexity of the society. Cultural diffusion, invention, and the imposing of cultural change by the outside world are the causes of cultural changes in a society.
Thus sociology examines human society in order to understand cultural diversity. It claims that factors like language, beliefs, customs, and values contribute to cultural diversity.
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in the kelo case, the u.s. supreme court majority that decided that case applied this type of constitutional interpretation: _________
The U.S. Supreme Court majority in the Kelo v. the City of New London case applied the doctrine of "public use" under the Fifth Amendment's Takings Clause, which allows for the use of the eminent domain for public purposes.
In the Kelo v. City of New London case, the U.S. Supreme Court majority upheld the use of eminent domain by the City of New London, Connecticut, to take private property for the purpose of economic development. The Court applied the "public use" doctrine under the Fifth Amendment's Takings Clause, which provides that private property shall not be taken for public use without compensation.
The Court held that the City's plan to transfer the taken property to private developers for the purpose of economic development constituted a valid public use, as it would benefit the community as a whole by creating jobs, increasing tax revenue, and revitalizing the local economy.
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state a principle about the influence of pride
Why is it important to keep legal correspondence short?
Answer:
because that if there were no law there would be Robers all in the world
Which of the following initial written agreements is NOT legally
binding?
A) Memorandum of understanding
B) Letter of intent
C) Mixed document
D) Impossible to determine
Answer: A) Memorandum of understanding
Explanation:
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:
نعلم ان الحملة الفرنسية علي العالم العربي كانت عدوانية إذا كيف اسهمت في اليقظة الفكريي والأدبية؟
Which law has made ethics training even more important?A. Title VII of the Civil Rights ActB. The Fair Labor Standards ActC. Sarbanes-Oxley ActD. The False Claims ActE. The Occupational and Safety Act
The law that has made ethics training even more important is C. Sarbanes-Oxley Act.
What is C. Sarbanes-Oxley Act?Federal legislation known as the Sarbanes-Oxley Act of 2002 imposed stringent financial and auditing standards for publicly traded firms. To assist shield shareholders, employees, and the general public from accounting mistakes and dishonest financial activities, legislators enacted the legislation.
The U.S. Congress passed the Sarbanes-Oxley Act of 2002 on July 30 of that year in an effort to safeguard investors against misleading financial reporting by businesses. 1 Also referred to as the SOX Act of 2002, it required stringent updates to current securities laws and placed severe new penalties on offenders.
Therefore, option C is correct.
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The judge ruled in favor of Sam. The statements made to the jury by Linda and Sam immediately after the jury was chosen were _____.
What are two reasons the Supreme Court focuses on private conferences
A court must have several types of jurisdiction to decide any particular case.
a. true b. false
False, a court does not need several types of jurisdiction to decide any particular case. A single type of jurisdiction would be enough for the court to decide any particular case.
Jurisdiction refers to the power or authority of a court to hear and decide a case. A court must have jurisdiction over the subject matter, the person, and the territory to decide any particular case. It means that the court has the legal authority to hear and determine a particular case in question.Jurisdiction is important because it outlines the limits within which a court can legally exercise its authority. A court’s authority to hear and determine a case depends on the type of jurisdiction it possesses. A court must have jurisdiction over the subject matter of the case, the parties involved, and the geographical location where the dispute arose.The jurisdiction of a court can be defined as the authority of the court to hear and determine a case. It is the power of a court to exercise legal authority over a case and render a judgment. The jurisdiction of a court can be divided into two broad categories: subject matter jurisdiction and personal jurisdiction.Subject matter jurisdiction refers to the authority of a court to hear and determine cases of a specific type. This type of jurisdiction is determined by the subject matter of the dispute. For example, a family court has jurisdiction over family law disputes such as child custody and divorce. Personal jurisdiction refers to the power of a court to exercise legal authority over the parties involved in a case.In conclusion, a court does not need several types of jurisdiction to decide any particular case. A court must have the necessary jurisdiction over the subject matter, the person, and the territory to decide a particular case. Jurisdiction outlines the limits within which a court can legally exercise its authority, and the type of jurisdiction a court possesses determines its authority to hear and determine a case.
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The first time you are caught in violation of the minimum drinking age law, you will be convicted of a second degree misdemeanor which can include up to _________ days in jail. 60 15 180 5
Answer: 60 days
Explanation:
The amount of time that an underage person caught with alcohol will spend in prison depends on the state they are in and how the state classifies the action. In some states it is a simple misdemeanor while in others it is a felony.
In states such as Florida, the first offence will earn the person a second degree misdemeanor and could see them in jail for up to 60 days as well as their license being suspended for between 6 months to a year.
Answer:
60
Explanation:
Speeding is either a primary or secondary factor in most all vehicle accidents.
True
False
Answer:
Primary is true
Explanation:
Primary Traffic Offenses:
Most traffic violations are primary offenses. Common primary offenses include: speeding. disobeying a traffic signal (including red light violations).
What if Appellate Courts did not exist, and there was no
way to review the decision of a Trial Court in either a civil or
criminal case?
Appellate Courts play an essential role in the legal system of every country as they are responsible for reviewing decisions made by lower courts and ensuring that legal errors are corrected.
The legal process would be significantly impacted if Appellate Courts did not exist, and there was no way to review the decision of a Trial Court in either a civil or criminal case. Here's what would happen in such a scenario:Content loadedThe quality of justice would be affected: Appellate Courts offer a second chance at justice for those who feel like they have been wronged in the Trial Courts.
Without Appellate Courts, there would be no way to appeal decisions made in lower courts. This could lead to wrongful convictions and the denial of justice to those who are genuinely innocent.The stability of the law would be affected: Appellate Courts also play a crucial role in ensuring the stability of the law by establishing legal precedents that are binding on lower courts.
The lack of Appellate Courts would mean that there would be no authoritative interpretation of the law. This could result in inconsistent decisions being made by lower courts, which could make it challenging to predict the outcome of legal disputes.The time and expense of litigation would increase: Without Appellate Courts, all legal disputes would have to be settled in the Trial Courts. This would increase the time and expense of litigation significantly. It would also put more pressure on the Trial Courts to make correct decisions. This could lead to long waiting periods, delayed justice, and increased frustration among litigants.
In conclusion, Appellate Courts play an essential role in ensuring the quality of justice, the stability of the law, and the efficiency of the legal system. If they did not exist, the legal process would be impacted significantly, leading to an increase in the time and expense of litigation, inconsistency in the law, and wrongful convictions. Therefore, it is essential that Appellate Courts continue to function as a necessary check on the decisions of lower courts.
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If an attorney refuses to provide the auditor with information about material existing lawsuits or unasserted claims,
A. the attorney can no longer represent the client.
B. the attorney may face sanctions from the American Bar Association.
C. the auditors must modify their audit report to reflect the lack of available evidence.
D. the auditor must withdraw from the engagement.
If an attorney refuses to provide the auditor with information about material existing lawsuits or unasserted claims, the auditors must modify their audit report to reflect the lack of available evidence. Option C.
If an attorney refuses to provide the auditor with information about material existing lawsuits or unasserted claims, the auditor may need to consider the impact on the audit and the client's financial statements. Depending on the circumstances, the auditor may need to modify the audit report to reflect the lack of available evidence or withdraw from the engagement.
However, it is not within the jurisdiction of the American Bar Association to sanction the attorney for refusing to provide information to the auditor.
Hence, the right answer is option C.
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state and explain the three types of voting
Answer:
the 3 types if voting is plurality, majority, and proportiona representations
Explanation:
In 2003, two-thirds of Americans opposed legalizing same-sex marriages; by 2015, over 60 percent were in favor.
a. true
b. false
True, two-thirds of Americans opposed legalizing same-sex marriages; by 2015, over 60 percent were in favor.
Public support for allowing gays and lesbians to legally marry continues to rise as the Supreme Court prepares to rule on a significant case involving states' requirements to recognize same-sex marriage: Currently, 57% of Americans support allowing same-sex marriage, while 39% oppose it. Five years ago, more people opposed same-sex marriage (48%) than supported it.
Support for Same-Sex Marriage Ascends In all cases, Sectarian Gap PersistsThis is the most elevated level of help estimated for same-sex marriage in almost 20 years of Seat Exploration Center surveying of the issue.
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Why is the job of a computer forensic investigator becoming increasingly important?
The job of a computer forensic investigator is becoming increasing important because of increase in digitization. Investigator gets the information from the computer storage and other electronic devices.
Who is computer forensic investigator?Computer forensic investigators help retrieve information from computers and other digital storage devices. The retrieved data can then be used in criminal investigations or as evidence in cases for cyber crimes.
The forensics investigator is in charge of reviewing the "caught" evidence from the scene of the incident or event at first.
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true/false. mitigation is the purposeful reduction of damages, and it is usually the responsibility of the non-breaching (innocent) party to take reasonable steps to reduce the damages.
Mitigation is the purposeful reduction of damages, and it is usually the responsibility of the non-breaching (innocent) party to take reasonable steps to reduce the damages. The given statement is true.
What is mitigation?
The action of reducing the severity, seriousness, or painfulness of something is referred to as mitigation. In terms of law, mitigation is the act of minimizing the harm or damage caused by one's actions.
Mitigation is frequently utilized to reduce the effects of a particular incident or to alleviate the consequences of natural disasters.
What is the role of non-breaching party?
The non-breaching party has a responsibility to take reasonable steps to reduce the damages caused by a breach of contract. The innocent party is generally responsible for reducing any losses caused by a breach of contract in order to minimize the amount of compensation awarded by the breaching party.The non-breaching party, for example, has a responsibility to search for alternative solutions to reduce damages or costs.
The non-breaching party must demonstrate that it took reasonable measures to mitigate the losses caused by the breach of contract.
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jurisdiction of local police agencies is limited to the geographical boundaries of the__________
The jurisdiction of local police agencies is limited to the geographical boundaries of the locality they operate in.
Jurisdiction refers to the area within which a police department is allowed to operate and enforce laws. The jurisdiction of local police agencies is limited to the geographical boundaries of the locality they operate in. These boundaries can be based on the city, county, or state that the department operates within.Law enforcement agencies are divided into several levels, such as local, state, and federal law enforcement agencies. Local police agencies usually have jurisdiction within the boundaries of their locality, such as a city or town, whereas state and federal law enforcement agencies have broader jurisdiction that can cover multiple localities or even the entire country.In summary, the geographical boundaries of the locality determine the jurisdiction of local police agencies. These agencies have the power to enforce laws only within the boundaries of the locality they operate in.
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Discuss and summarize the importance of building laws and codes
to the architecture practice.
The importance of building laws and codes to the architecture practice is that it ensures the safety, health, and welfare of the public by providing minimum standards for the design, construction, and maintenance of buildings.
Building codes are a set of regulations that must be followed when constructing buildings to ensure that they meet minimum standards for safety, fire protection, energy efficiency, and other critical areas. Architects are required to stay up-to-date with the latest building codes and regulations to ensure that their designs meet the minimum standards and comply with local laws. Failure to comply with building codes and regulations can result in fines, legal action, or even loss of life. Therefore, building laws and codes are crucial to the architecture practice to ensure the safety and well-being of the public.
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Critically evaluate the considerations taken by the courts in determining the application for postponement of possession order in the absence of concrete evidence from the mortgagor.
The courts consider several factors when determining an application for postponement of a possession order in the absence of concrete evidence from the mortgagor. Here is a step-by-step evaluation of these considerations:
1. Lack of concrete evidence: When the mortgagor fails to provide concrete evidence to support their application for postponement of possession, the courts may consider this as a factor against granting the request. Concrete evidence could include valid reasons for the delay or evidence of financial hardship.
2. Reason for the postponement: The courts will evaluate the reason provided by the mortgagor for seeking a postponement. If the reason is deemed valid, such as unforeseen circumstances or financial difficulties, the courts may be more inclined to grant the application.
3. Merits of the case: The courts will assess the overall merits of the case, including any defenses raised by the mortgagor. If the mortgagor has a strong legal argument or valid defense, the courts may consider this in favor of postponing the possession order.
4. Balance of interests: The courts will weigh the interests of both parties involved, including the mortgagor and the mortgagee. They will consider factors such as the potential harm to the mortgagor if possession is granted, as well as the legitimate rights and interests of the mortgagee.
5. Good faith efforts: The courts will evaluate whether the mortgagor has made good faith efforts to address the issue and resolve any outstanding obligations. This could include attempts to negotiate with the mortgagee, seek financial assistance, or make partial payments.
In conclusion, when determining an application for postponement of a possession order in the absence of concrete evidence from the mortgagor, the courts critically evaluate factors such as the lack of evidence, the reason for the postponement, the merits of the case, the balance of interests, and the mortgagor's good faith efforts. These considerations help the courts make a fair and informed decision.
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Canada Contractual Law
Valerie wants to splurge on her new she-shed (outdoor female equivalent of a man cave) Although her she-shed did have a lovely wine fridge and a crystal chandelier, something was missing. She hired a landscaping company – Major Tom’s Ground Control to provide a boxwood hedge, an angel stone path leading up to the shed, and several exotic plants and trees. A contract was drawn up which spelled out what Major Tom would do in exchange for $10,000.00. Valerie provided Major Tom with a $5,000.00 deposit to begin the work they had agreed upon. One stipulation in the contract, was that Major Tom would remove all leftover plant material and debris and clean the property before they left.
On the afternoon the landscaping was to be completed, she arrived home from work with her friends ready to begin enjoying the she-shed. The she shed looked lovely. Major Tom was nowhere to be found but they had left behind a hill of dirt, several shovels, a pair of work boots and two empty cases of beer. Valerie was not happy. She called Major Tom and told them that she would not pay the balance of $5000.00 because they had failed to clean the property as indicated by the contract after the work was completed.
What are the legal concepts and laws that are triggered by this scenario? Does she have a case?
Based on the material in Chapter 7, provide a clear and detailed rationale as to what can be done to solve the problem in this scenario.
The legal concepts and laws that are triggered by this scenario are the Breach of Contract and Contractual Remedies. Valerie has a case in this scenario.
What can be done to solve the problem in this scenario is that a demand letter can be sent to Major Tom’s Ground Control company. This letter should indicate that they breached the contract by failing to clean the property after completing the work and that she will not be paying the balance of $5000.00. In addition, Valerie should include that she is willing to pay a fair amount to have another company come in and clean up the property. Finally, she could inform Major Tom’s Ground Control that if they fail to comply with her demands, she will take legal action against them.
It is necessary to note that a demand letter should be sent with registered mail. This ensures that the letter is received by the intended recipient. If the letter is ignored, Valerie may need to file a claim in Small Claims Court. The evidence to support her claim includes the contract, deposit, pictures of the property, the demand letter, and any other correspondence between her and Major Tom's Ground Control.
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The climate of India can be described as _________________.
Answer:
good jk i dont know
Explanation:
Which act requires financial institutions to explain To customers how they gather information with whom they share it and what measures they take to safeguard it
Answer:
Financial literacy as essential equipment to secure hacking and theft practices
Explanation:
Some of the measures to be taken are there should be the introduction of the use of ATM cards and allied stuffs in connection to financial matters for every individual
What is the sharing of power among state national and local governments called ?
Federalism is a style of government in which power is divided between the federal government and the states, as in the United States, where each have a sizable amount of power.
What is a fundamental government definition?A government is the governing structure of a state or community. The Columbian Encyclopedia defines government as "a method of social management where the ability to propose laws and also the right to enforce laws is invested in a specific portion of society."
Why is government action required?Governments are vital because they maintain law and order. Laws are necessary for society to operate. Without laws, existence would be unpredictable and hazardous.
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Because lawyers have a duty to charge their clients reasonable fees, paralegals should
Question 5 options:
spend as much time as possible doing research.
try to work efficiently to minimize the number of hours the client is charged for.
not worry about how much time they spend doing research because paralegal time is not billed.
take their time doing research so the firm can charge for more hours and make more money.
Answer:
Because lawyers have a duty to charge their clients reasonable fees, paralegals should try to work efficiently to minimize the number of hours the client is charged for.
Explanation:
The correct answer choice here is the only option that would conform with legal ethics. To dig deeper into the incorrect answer choices:
- Spend as much time as possible doing research.
Frankly, this is wasting the time of the paralegal, lawyer, and client. Research should be conducted efficiently and in a timely manner.
- Not worry about how much time they spend doing research because paralegal time is not billed.
This statement would be both unethical and incorrect. Legally substantive work conducted by paralegals is in fact, billed. Only clerical work (i.e. issuing of subpoenas, filing,) is non-billable.
- Take their time doing research so the firm can charge for more hours and make more money.
This is again, a violation of legal ethics, and a waste of time. Research must be conducted in a timely manner.
1. Define actus reus and mens rea.
2. Why are these elements important to the
criminal justice system?
Answer:
1.
Most crimes consist of two broad elements: men's rea and actus reus. Men's rea means to have "a guilty mind." The rationale behind the rule is that it is wrong for society to punish those who innocently cause harm. Actus reus literally means "guilty act," and generally refers to an overt act in furtherance of a crime.
2.
The overall purpose of the criminal justice system - to prevent crime and create peaceful, law-abiding societies - is best served through restorative rather than retributive / punitive justice approaches