In the United States, jurisdiction over shipwrecks and artifacts recovered from them is usually determined by the laws of the state in which the shipwreck is located. Since the wreck is off the coast of Vero Beach, Florida, Florida law applies in this case.
Under Florida law, shipwrecks and artifacts recovered from them are considered abandoned property and are subject to the state's abandoned property laws. If the wreck is in state waters (usually extending from shore to her 3 nautical miles), the state has jurisdiction over the wreck and artifacts recovered from it.
If the wreck is in federal waters (extending beyond state waters), the federal government has jurisdiction.
In either case, if both John Rodriguez and Sam Lane were present and involved in retrieving the artifact, they could each claim ownership of the property. If not, they may have to seek legal resolution through the courts.
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A controversial element of sentencing involves the usage of mandatory minimum sentencing that sets a guideline for punishment to be used without discretion
A controversial aspect of sentencing is the implementation of mandatory minimum sentencing, which establishes predetermined guidelines for punishment without allowing judicial discretion. Mandatory minimum sentencing can contribute to disparities in the criminal justice system, disproportionately affecting marginalized communities.
Mandatory minimum sentencing refers to laws that require judges to impose a specific minimum sentence for certain crimes, regardless of individual circumstances or the judge's discretion. These laws aim to ensure uniformity and consistency in sentencing by setting fixed guidelines. However, they have become a subject of controversy due to their inflexibility and potential for unjust outcomes.
Critics argue that mandatory minimum sentencing limits the judge's ability to consider the unique circumstances of each case and the offender's background. This approach disregards factors such as the defendant's level of involvement, intent, prior criminal record, or potential for rehabilitation. As a result, individuals convicted of non-violent offenses may receive disproportionately harsh sentences, leading to overcrowded prisons and high incarceration rates.
Furthermore, mandatory minimum sentencing can contribute to disparities in the criminal justice system, disproportionately affecting marginalized communities. Certain offenses, particularly those associated with drug-related crimes, have been criticized for disproportionately impacting minority communities.
Opponents of mandatory minimum sentencing advocate for a more flexible and individualized approach to sentencing, where judges can consider various factors to determine a fair and just punishment. They argue that such an approach would allow for better rehabilitation opportunities and reduce the societal and economic costs associated with mass incarceration.
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What are examples of policy makers?
A strategy creator is somebody who makes thoughts and plans, particularly those did by a business or government. The plans that a government or business follows are referred to as policy.
The President of the United States, a school board, a mayor, and a corporation's board of directors are all policymakers.
What is viewed as a strategy creator?Strategy producers are people at some degree of government or dynamic establishment, including yet not restricted to global associations, non-legislative organizations or expert affiliations, who have liability regarding making suggestions to other people.
Why is it important to make policies?The policy maker's job is to reduce and extract from the information a policy or set of policies that promote the preferred course of action, act as a funnel to gather information through consultation and research.
How do strategy creators decide?Policymakers must act quickly, frequently based on their beliefs and judgments as well as their values. The brain's schemata are triggered by new data, which "filter out" the need to pay full attention by, for instance, recognizing a familiar set of circumstances.
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Why did Congress have so much trouble passing laws under the terms of
the Articles of Confederation?
Elsa, 26 years of age, was employed as a rigger for Frozen Pty Ltd. While she operated one crane at work, she was struck in the face by a heavy steel chain which slipped out from a machine operated by another crane worker. The blow to her face rendered her unconscious for several minutes. The blow also broke bones in her nose and cheeks. She spent 12 days in hospital, including having cranial surgery to insert plates. From the surgery, she has scarring over her head mostly behind her hairline. She has been left virtually blind in her left eye. She has lost sensation on the left side of her forehead and cheek. She lost her sense of smell and, because of that, most of her sense of taste. She has some degree of memory impairment and some
mood effects. After four months, she had recovered sufficiently to return to her work as a rigger, on light duties. A month later, she was back to working full hours and after another month, she was doing her full pre-injury duties. Nevertheless, she no longer felt comfortable performing those duties and, in any event, was offered new employment in a field she had been pursuing for some years, working as a construction supervisor in a large building company. She took up that employment in November 2015, earning a higher salary than she earned in her previous employment as a rigger. However, Elsa found that although she really enjoyed the new job, her health problems from the original accident at Frozen Pty Ltd worsened while at her new job
which meant that she had to leave. Elsa now wants to sue Frozen Ply Ltd in negligence for injuries sustained from her
original workplace injuries Task: Advise whether Elsa may be successful in a claim for compensation through the Common Law of Negligence. Discuss the relevance of vicarious liability and any defences which may be raised by Frozen Pty Ltd as part of
your response. Use case references to support your answer.
Elsa may have a viable claim for compensation through the Common Law of Negligence against Frozen Pty Ltd. The employer has a duty of care towards its employees to provide a safe working environment and take reasonable measures to prevent accidents and injuries.
Vicarious liability may be relevant in this case, as it holds an employer liable for the actions of its employees performed within the scope of their employment.
Frozen Pty Ltd may raise defenses to mitigate or avoid liability. One possible defense is contributory negligence, arguing that Elsa's own actions or conduct contributed to the injuries. However, the severity of the injuries and the fact that Elsa was simply performing her job duties as a rigger may weaken this defense.
Case references and further legal analysis would be necessary to fully assess Elsa's chances of success in her claim. Consulting with a legal professional specializing in personal injury law would provide a comprehensive evaluation of the specific circumstances and applicable laws in this jurisdiction to determine the strength of Elsa's case.
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The set of criteria that courts have developed to avoid generation of First Amendment problems by time, place, and manner restrictions are called _____.
The set of criteria that courts have developed to avoid the generation of First Amendment problems by time, place, and manner restrictions are called the "time, place, and manner test.
" The First Amendment of the United States Constitution protects citizens' rights to free speech, assembly, and religion. However, these rights are not absolute, and some restrictions may be necessary in certain situations.
To ensure that time, place, and manner restrictions on speech do not violate the First Amendment, courts have developed a three-part test. First, the restriction must be content-neutral; that is, it cannot target specific types of speech or viewpoints. Second, the restriction must serve a significant government interest, such as protecting public safety or preserving the aesthetic character of a neighborhood. Finally, the restriction must leave ample alternative channels for communication.
The time, place, and manner test applies to various forms of speech, including protests, demonstrations, and other public gatherings. For example, a city may require protestors to obtain a permit before holding a rally in a public park. To pass muster under the time, place, and manner test, such a restriction must be content-neutral, serve a significant government interest, and leave ample alternative channels for communication.
Overall, the time, place, and manner test strikes a balance between protecting individuals' rights to free speech and ensuring that public safety and other important government interests are also protected. By applying this test, courts can determine whether restrictions on time, place, and manner of speech are constitutional and avoid potential conflicts with the First Amendment.
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The same directions could be printed on a yellow or an orange sign. Why is it important to recognize the difference if you're just going to be doing the same maneuver anyway?
Answer:
Orange signs are construction, meaning they require a certain speed to pass through. However, yellow are warnings and suggestions for something ahead that doesn't legally require you to be below any certain speed, only showing a guideline for how you should drive.
what are the three types of bid protest? what are the procedures for each of them and their potential remedies? the three types of bid protests
The three types of bid protests are pre-award, post-award, and size standard protests. and potential remedies for bid protests can include monetary damages, the award of the contract, or the reevaluation of the bids.
Pre-award protests occur before the contract is awarded and can be filed by any interested party who is affected by the solicitation terms.
Post-award protests are filed after the award of the contract and can be filed by any bidder who is not awarded the contract.
Size standard protests are filed by small businesses who are adversely affected by the size status of the awardee.
The procedures and potential remedies for each type of protest vary. Pre-award protests must be filed before the bid opening and typically result in the suspension of the solicitation process.
Post-award protests must be filed within a certain number of days after the award and can result in a reevaluation of the bids, a new award decision, or even the termination of the contract.
Size standard protests must be filed within a certain number of days after the award and can result in a determination of the awardee's size status and the potential cancellation of the contract.
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The courts generally hold that landowners have a duty to protect individuals on their property. T/F
The statement "The courts generally hold that landowners have a duty to protect individuals on their property" is true because courts generally hold that landowners have a duty to protect individuals on their property.
This duty is based on the legal concept of premises liability, which imposes an obligation on landowners to maintain their property in a reasonably safe condition and take reasonable steps to prevent harm to individuals who enter the premises.
The extent of the duty varies depending on the jurisdiction and the circumstances of the case. Generally, landowners are required to exercise reasonable care to discover and fix or warn about any dangerous conditions that could cause harm to visitors.
This duty applies to both invited guests and, in some cases, even to trespassers under certain circumstances. Landowners may be held liable for injuries or damages resulting from their failure to fulfill their duty of care.
However, the specific standards and obligations can differ based on factors such as the legal status of the visitor (e.g., invitee, licensee, or trespasser) and the nature of the property (e.g., residential, commercial, or public).
In summary, it is generally true that courts hold landowners responsible for protecting individuals on their property. Landowners are expected to maintain their premises in a reasonably safe condition and take reasonable precautions to prevent harm to those who enter the property.
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Crime statistics are incredibly accurate.
O True
False
Answer:
true
Explanation:
Greg Deveroux just turned eighteen years old, and on a dare from friends he foolishly entered the arcade on the city’s boardwalk after it had closed for the evening. He has never been in trouble with the police before and did not steal anything in the arcade, although he did trip over some boxes in the storeroom. The noise alerted the night watchman, who subsequently turned Greg over to police, and he was arrested for breaking and entering. Today he stands before the judge at his arraignment to determine if he will be released from jail until his trial begins in three months. What is the most likely outcome of Greg’s request to be released from jail? Responses
Greg won't need to post bail or hand over any property deeds to ensure his attendance; he will be freed on his own recognizance.
What does Gentle Is the Night mean?"Soft or delicate in texture or consistence; yielding easily to force or pressure; fragile; easily broken, divided, compressed, or wounded," according to the dictionary, describes what tender means. Keats and Fitzgerald appear to be telling us that the night is particularly vulnerable in this way.
Is Tender Is the Night a book you should read?This book is a masterpiece from beginning to end, and I've read it numerous times, getting something new out of each reading. It is a tragedy, a romance, and a wellspring of rich, poetic prose.
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According to Hirschi and Hindelang, there is a clear link between criminality and:
Answer:
Low intelligence.
Answer:
low IQ
Explanation:
Also known as low intelligence
In any democracy, there is a fine line between liberty and authority. In your opinion, what is that fine
line? How is it drawn? Is there a basis for the line that everyone involved should abide by? Why? In
your own words, tell me what is the balance between liberty and authority? Why? (100 words or
more). Help please it's for government
Answer:
In modern politics, liberty is the state of being free within society from control or oppressive restrictions imposed by authority on one's way of life, behaviour, or political views. ... Thus liberty entails the responsible use of freedom under the rule of law without depriving anyone else of their freedom.
Explanation:
Under the Uniform Residential Landlord and Tenant Act, if a lease does not state a clear expiration date, the lease is regarded as
Answer:
Hello. Under Uniform Residential Landlord and Tenant Act, if the lease does not specify or make clear an expiration date, the lease will be regarded as: A tenancy from period-to-period.
Explanation:
Question does not ask for an explanation, so one will not be given. Have a nice day user.
Question 1
0 / 0.5 pts
Alternative dispute resolution (ADR) is generally
covered by a state's "open records" law and all of the
documentation from ADR proceedings are therefore
public records.
True
False
Which of the following illustrates a foreign policy duty of Congress?
Answer:
Answer in the attachment.
Hope this helps..
Answer: declaring war on an enemy nation
Explanation:
which of merton's categories would a law-abiding citizen fall into?
Can it be said that: "Every act that causes damage to the legitimate interests of individuals and organizations in society is a violation of the law"? For example.
No
Explanation:
Depends on what you believe, more or less. In places where freedom of speech is allowed, then no, it's not a crime because you can say whatever you want. However, just because you can do something doesn't make it right. Not a lot of people seem to understand that.
Where the motorcyclist most likely to crash with another motorcyclist at
Answer:
Explanation:
1. Motorcycle Accidents Caused by Left Turning Cars.
2. Lane-Switching Motorcycle Accidents.
3. Head-On Collision Motorcycle Accidents.
4. Motorcycle Lane Splitting Accidents.
5. Motorcycle Accidents Caused by Intoxication.
6. Corner-Turning Motorcycle Accidents.
Why might it be difficult to prosecute a citizen who violates its laws outside its borders, when the offence is not illegal in the country he or she is visiting?
Answer:
Anyone who commits a crime outside their country will be punished according to the local law of the receiving country. This has happened before for other Americans, some of whom made international headlines because of the crimes they were accused of. I think
Explanation:
PLEASE HURRY
Why did the Anti-Federalists urge the addition of a bill of rights to the Constitution?
O to check the power of state governments
to lower the costs of government
O to protect individual liberties
O to abolish slavery
Answer:
To protect individual liberties
Explanation:
look up hess' law and discuss how this experiment is an illustration
Hess's Law states that the heat absorbed or released during a chemical reaction is the same, regardless of the number of steps or the sequence of the reaction. This law is based on the principle of energy conservation, which states that energy cannot be created or destroyed, only transformed from one form to another.
The experiment to illustrate Hess's Law involves determining the heat change that occurs in a chemical reaction by using two different methods. First, the heat change is determined for the reaction as it occurs in one step. Then, the reaction is broken down into several steps and the heat change is determined for each step.
The total heat change for all the steps is then calculated and compared to the heat change obtained from the one-step reaction. If Hess's Law is correct, the two results should be the same.
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Which conflict would most likely be settled by law rather than ethics?
Family members disagree over division of responsibility for household chores.
A teen breaks a neighbor's fence panel while practicing archery.
A student and teacher disagree on the final course grade earned.
A driver damages another car in a grocery store parking lot.
The conflict that would most likely be settled by law rather than ethics is: d. A driver damages another car in a grocery store parking lot.
What is conflict?Conflict can be defined as a form of disagreement that occur between two or more people. Conflict is what led to the development of conflict resolution as conflict resolution help to settle the disagreement the people that were involved in a conflict had .
The case that may be settle by the court of law is when a person damage or destroy another person property in which the person that commit the damage refuse to repair the damage, the owner of the property can sue the person in the law of court for damage which will be settle by the jury and if found guilty the person must pay for the damage.
Therefore the correct option is D.
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Answer:
A driver damages another car in a grocery store parking lot.
Explanation:
Got this right on the quiz! Although another choice might also be settled by law, this one is MOST LIKELY to be settled using law.
Some have suggested eliminating the provision of Rule 203 of the AICPA’s professional ethics that permits non-conformance with GAAP if, in the opinion of the CPA, following GAAP would result in misleading financial statements. Thoroughly discuss the pros and cons of eliminating this provision of Rule 203 and present a convincing argument as to whether it should or should not be eliminated.
Please be sure to include scholarly research and support for your findings as you address the questions outlined above in your paper.
Answer:
Limited flexibility: Companies may have unique circumstances that make it difficult to conform to GAAP guidelines. Eliminating Rule 203 would limit their ability to present financial statements that accurately reflect their situation.
Explanation:
state courts account for about what percent of all court cases in the u.s.?
State courts account for approximately 97% of all court cases in the U.S. These courts handle a vast majority of cases because they possess general jurisdiction, which means they can hear almost any type of case that arises within their state.
This includes both civil and criminal matters, family law issues, property disputes, and probate matters. State courts have the authority to interpret and apply state laws and constitutions. As a result, they handle cases involving state law, as well as local ordinances and regulations. Additionally, state courts address many federal law issues that have a direct impact on the lives of the residents within their jurisdiction.
In contrast, federal courts handle only a small percentage of cases, as they have limited jurisdiction. Federal courts primarily hear cases involving federal laws or constitutional issues, disputes between states or citizens of different states, and cases involving the United States government. Thus, state courts play a significant role in the American judicial system by addressing the vast majority of cases that impact people's lives directly.
To summarize, state courts account for about 97% of all court cases in the United States, and they are critical to the administration of justice as they handle a broad range of legal issues that directly affect the lives of citizens within their jurisdiction.
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as mandated by texas state law, each party’s state executive committee must
Texas state law mandates each party's state executive committee must hold regular meetings and conduct the party's business within the state. The state executive committee is responsible for setting party rules, selecting delegates to attend national conventions, and endorsing candidates for state and local elections.
Additionally, the committee has the authority to censure or remove party officials for misconduct or violations of party rules. The state executive committee plays a crucial role in the functioning of political parties in Texas, ensuring that the party's principles and values are upheld and that the party remains competitive in state and local elections.
The committee is composed of elected members from each state county, representatives from affiliated organizations and minority groups. The committee operates according to bylaws established by the party and must comply with all relevant state and federal laws governing political parties and campaign finance.
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students shouldn’t do Those Type of Things To Teachers asking Them out on a date or kissing The school Teacher Touching Them They no That’s sexual harassment and you have To accept That boundary There are boundaries when you around school Teachers or any person
Answer:
I agree completely! teachers and students should only have a professional relationship
2. Research and explain the kind of economic impact imprisonment can
have on a community.
Answer:
The high imprisonment rate in the U.S can have economic impact on social society, since incarceration can have effects like obstructing employment and increase rates of poverty.
Which of the following statements about alcohol consumption is CORRECT?
A)vomiting is a sign the body is getting toxic
B)vomiting at the end of a night of drinking is good
C)coffee will help sober someone up.
D) A person’s BAC will stop after he or she passed out.
Answer: A
Explanation:
Station 3: complete this for brainliest
(a) In order to get justice done to, it follows the sequence of steps below:
1. The first step to obtain Justice is to go to a police station to officially lay a complain about a suspect. The man in the picture E is the complainant who come to lodge a complain.
2. The second step from the picture above is picture F. In this picture it consist of an investigation scene and the arrest of the suspect.
3. The next order is the a CCTV image at the crime scene. This is an evidence. Picture D is the evidence.
4. In the fourth step, there is a presentation of evidence by that man standing. The evidence is presented in picture B.
5. The suspect, now a criminal is being investigated at the police station for interrogation. This happened in picture A
6. Finally, the criminal is being charged to the court to for judgment by the lawyer. Picture C identifies this.
(b) A testimonial evidence differs from physical evidence in that a testimonial evidence made by a witness to confirm the action of a criminal and this is done under a oath. On the order hand, a physical evidence is that evidence presented inform of image, test, object, material, fingerprint on weapon, or any other physical evidence at the crime seen.
Understanding a physical evidenceThis simply refers to any identifyable evidence which confirms that a suspect is a criminal or performed the criminal action at the the crime scene.
In conclusion, when we notice any strange behavior or action in our environment, we should first go lodge a complain in the police station.
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a defendant charged with murder admitted to the killing but claimed that he shot the victim in self-defense as she attacked him with a knife. at trial, the investigating officer testified about the scene of the crime and the condition of the victim at the time of death. the prosecutor showed the officer a photograph of the scene of the crime taken by the police photographer and asked the officer whether the photograph accurately depicted what he had observed at the scene. the officer testified that it did. the photograph showed the deceased lying in a pool of blood with both her hands cut off.
Yes, its true that, according to the officer's testimony, yes. In the photos, the deceased was seen with both of her hands severed, laying in a pool of blood.
The accused murderer admitted to the crime but insisted that he killed the victim out of self-defense after she lunged at him with a knife. The investigating officer gave testimony during the trial on the crime scene and the victim's health at the time of death. The prosecutor questioned the officer if the police photographer's image of the crime scene adequately captured what he had seen there. The prosecutor then showed the officer the photo. According to the officer's testimony, yes.
In the photos, the deceased was seen with both of her hands severed, laying in a pool of blood. motive, planning, and earlier or later behavior.— Any truth that demonstrates or serves as a justification or preparation for any significant information or fact at issue is relevant.
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Correct Question:
State true or false : A defendant charged with murder admitted to the killing but claimed that he shot the victim in self-defense as she attacked him with a knife. at trial, the investigating officer testified about the scene of the crime and the condition of the victim at the time of death. the prosecutor showed the officer a photograph of the scene of the crime taken by the police photographer and asked the officer whether the photograph accurately depicted what he had observed at the scene. the officer testified that it did. the photograph showed the deceased lying in a pool of blood with both her hands cut off.