Answers
Evidence exclusion, insufficient evidence, ineffective representation by counsel, and prosecutorial misconduct are the 4 most common reason for appeal.
What is the strongest type of ground for appeal?The strongest type of ground for appeal is a legal error, because the appellate court does not have to give any weight to what the trial court judge did. The appellate court will examine the law that was supposed to be applied and determine whether or not the trial court judge erred.
A "legal error" occurs when the judge in your case applies the incorrect rule or "legal standard" to the facts of your case. This can happen if a trial court in your state did not follow the statute or case law that was supposed to apply in your case's circumstances.
In custody cases, for example, a judge must determine what is best for the child. Most states have laws requiring certain factors to be considered, which are commonly referred to as "best interests factors." If one of those factors is whether or not a parent has committed domestic violence, but the trial judge disregards domestic violence evidence in making the custody decision, you may have grounds to appeal based on a legal error.
Hence, Evidence exclusion, insufficient evidence, ineffective representation by counsel, and prosecutorial misconduct are the 4 most common reason for appeal.
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Related Questions
Peter is married to gloria. elizabeth promises to pay peter r60 000 if he divorces gloria and marries her. peter agrees and elizabeth pays him the money. peter later refuses to divorce his wife and also refuses to return the money. advise elizabeth
Answers
If you are married and want a divorce, you must submit a petition for divorce to the district court. The same applies to the dissolution of your marriage after judicial separation.
Divorce law :
Deciding that your marriage has ended can be difficult. This guide is designed to give information about the law and procedure on divorce. When marriages break down there are often other issues that need to be resolved, such as child arrangements or financial matters. You may find it helpful to read Rights of Women’s other guides such as Children and the law: when parents separate and A guide to financial arrangements after marriage breakdown.
Change in divorce law:
Divorce laws changed on 6 April 2022. The law and procedure in this guide is for applications for divorce made on or after 6 April 2022. If you or your spouse applied for a divorce before 6 April 2022 then the previous laws and rules will apply.
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Charles wants to invest his money in something that earns money steadily
with little risk. Which should he invest in?
O A. Government bonds
O B. Stocks
O C. Mutual funds
D. Hedge funds
Answers
Answer:
Government bonds............
Answer:
O A. Government bonds
Explanation:
I am taking a test tomorrow and my teacher needs a paragraph about 28th amendment, explaining why it is important and how it would benefit our society and why congress must ratify it can someone help me with this?
Answers
Answer:
The 28th Amendment is important because it is a key to fixing the system that makes high-dollar donors more powerful than every other American. The amendment offers lasting, structural reform to ensure an equal voice for every American.
Explanation:
that little paragraph is just about why it is important, i cant help you with the rest because i don't know the answer to the last two questions, i hope this still helped in some way, remember that this paragraph that is above only explains why the 28th amendment is important. your welcome, have a great rest of your day :)
Identify and define two types of crimes.
Answers
Answer:
Theft and Arson.
Explanation:
Theft means stole
Arson= destruction
Answer:
Murder and Arson
Explanation:
Murder is you kill someone and Arson is you burn places.
What strategy to achieve women's rights do Roland and Deroine advocate? What strategy can be detected in Rose's remarks? In what ways are their perspectives similar to or different from one another?
Answers
Roland and Deroine advocated for women's rights through direct political action. Rose, on the other hand, advocated for women's rights through education and persuasion. The perspectives of Roland, Deroine, and Rose were similar in that they all believed that women should have the same rights as men.
They founded the Society for the Rights of Women in 1848, and they ran for office themselves. They were also active in the press, writing articles and pamphlets about the need for women's suffrage and other reforms.
Rose, on the other hand, advocated for women's rights through education and persuasion. She founded the Association for the Advancement of Women in 1851, and she gave lectures and wrote articles about the need for women's education and economic independence.
The perspectives of Roland, Deroine, and Rose were similar in that they all believed that women should have the same rights as men. However, they differed in their strategies for achieving this goal.
Roland and Deroine believed that women could achieve equality through direct political action, while Rose believed that women could achieve equality through education and persuasion.
In conclusion, Roland, Deroine, and Rose were all important figures in the early women's rights movement. They each had their own unique perspective on how to achieve equality for women, and their work helped to pave the way for future generations of feminists.
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Guided Practice
In what form of government does one person or a small group of people hold all of the power?
A. a constitution
B. a legislature
c. a democracy
D. a dictatorship
Answers
I hope this helps you
:)
When an inmate is given a reprieve of their sentence, they are permitted to go home for a few days and relax
True or false
Answers
you could also try using the Socratic app
Which military arm began as the emerging nation's volunteer militia?
The
began as the emerging nation's volunteer militia.
Answers
Which of the following sanctions are awarded with the objective of ensuring that a party be in as good a position as he or she would have been in had the contract been performed? Group of answer choices Compensatory damages Liquidation damages Punitive damages Incidental damages Exemplary damages
Answers
The sanction that is awarded with the objective of ensuring that a party is in as good a position as he or she would have been in had the contract been performed is compensatory damages.
Compensatory damages are the payment given by one party to another to compensate for any losses or damages that may have occurred as a result of a breach of contract. Compensatory damages are the most common form of damages awarded for a breach of contract. The main objective of compensatory damages is to ensure that a party is in as good a position as he or she would have been in had the contract been performed. This means that the damages awarded should compensate the aggrieved party for any losses they have suffered as a result of the breach of contract.
Compensatory damages can be awarded for various types of losses, including direct damages, incidental damages, and consequential damages. The damages awarded will vary depending on the type of loss suffered and the terms of the contract. In order to recover compensatory damages, the aggrieved party must prove that they have suffered a loss as a result of the breach of contract and that the loss is measurable in monetary terms.
In conclusion, compensatory damages are awarded with the objective of ensuring that a party is in as good a position as he or she would have been in had the contract been performed.
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Which of the following acts protect an employee from retaliation when the employee report fraud against the government?
Multiple choice question.
The Securities Act
The Securities and Exchange Act
The False Claims Act
The Racketeer Influenced and Corrupt Organizations Act
Answers
The act that protects an employee from retaliation when the employee reports fraud against the government is the False Claims Act. Thus, Option C is correct.
What is the False Claims Act?The False Claims Act is a US law that imposes civil liabilities on individuals and firms (including companies) who defraud government programs. Individuals who knowingly submit or cause to be submitted false claims to the government are subject to penalties that can range from $5,000 to $10,000 per false claim (or more), plus three times the actual damages sustained by the government.
The False Claims Act also allows individuals who report fraud against the government to file a lawsuit (known as a "qui tam" lawsuit) on behalf of the government, and they may be rewarded a portion of the damages that the government recovers as a result of the lawsuit. So, the correct option among the given choices is the False Claims Act.
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The president meets with other heads of state at the annual G20 conference - in which role is the president acting in?
Commander in Chief
Chief Legislator
Chief Diplomat
Answers
Answer:
Chief diplomat
Answer:
D: chief diplomat
Explanation:
Who is responsible for maintaining diplomatic relation with foreign countries?
Answers
The United States has consular and diplomatic missions all over the world. The Secretary of State is in charge of overseeing and coordinating all aspects of American foreign policy, acting at the President's direction.
What is an illustration of diplomatic behavior?For instance, assist people in listening to all perspectives in an issue and cooperating to develop a workable solution. This not only exhibits your diplomatic skills, but also your capacity to inspire a group of people to collaborate in order to solve an issue.
Why are some individuals so diplomatic?A kind and approachable individual is more likely to establish a strong social network built on mutual respect and trust. It's among the most important qualities for anyone who wishes to serve as a diplomat.
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Which example best illustrates the judicial checks and balances created by the Constitution?
Supreme Court justices are appointed for life, and Congress appoints all federal judges.
The Supreme Court has the power of judicial review and jurisdiction to enforce its rulings.
Supreme Court justices are nominated by the president, and Congress approves the appointments.
The Supreme Court is the court of final appeal, yet it does not have original jurisdiction for most cases
Answers
Answer:
i think it is the last one
Explanation:
The best example that illustrates the judicial check and and balances created by the Constitution is The Supreme Court justices are nominated by the president, and Congress approves the appointments.
What is check and balances?Checks and balances are various procedures put in place to reduce mistakes, prevent inappropriate behavior, or reduce the risk of power centralization. Checks and balances typically ensure that no single person or department has complete control over decisions, clearly define assigned duties, and force cooperation in task completion.
Checks and balances refers to the separation of power in the United States government, which is ensured by the establishment of three distinct branches: the executive branch, the judicial branch, and the legislative branch.
Although the judicial branch interprets laws, the Senate in the legislative branch confirms the President's nominations for judicial positions, and Congress has the authority to impeach and remove any of those judges from office.
Therefore, Supreme Court justices are nominated by the president, but Congress approves the appointments due to judicial checks and balances created by the Constitution.
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e Consumer Protection Act 68 of 2008 is applicable to all sales agreements concluded in South Africa is True or false
Answers
True. The Consumer Protection Act 68 of 2008 applies to all sales agreements concluded in South Africa, including agreements between businesses and consumers, as well as agreements between two businesses.
What is the Consumer Protection Act about?The Consumer Protection Act 68 of 2008 is a South African law that seeks to protect the rights of consumers by regulating business practices and promoting fair, transparent, and equitable dealings between consumers and suppliers. The Act came into effect on 1 April 2011.
Some of the key provisions of the Consumer Protection Act include:
Consumer rights: The Act guarantees certain rights to consumers, such as the right to fair and honest marketing, the right to receive goods and services that are of good quality, and the right to safe products.Prohibited conduct: The Act prohibits certain business practices, such as false or misleading advertising, fraudulent or unconscionable conduct, and unfair contract terms.Product liability: The Act holds suppliers responsible for any harm caused by defective or unsafe products.Consumer protection agencies: The Act provides for the establishment of various consumer protection agencies, such as the National Consumer Commission, to enforce the provisions of the Act and protect consumers.Dispute resolution: The Act provides for various mechanisms for resolving disputes between consumers and suppliers, such as mediation and arbitration.Learn more about Consumer Protection Act here: https://brainly.com/question/14952903
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Facts: Officers wanted to search Dollree Mapp's house, but she said no because they did not have a warrant. They were looking for a suspected bomber. Eventually, the police forced their way in. They did not find a bomber, but they did find a trunk of obscene pictures in the basement. Ms. Mapp was arrested and convicted for possession of obscenity. She appealed.
Question for the court: Can you be convicted on the basis of illegally obtained evidence? Decision: No. The court held that evidence seized without a search warrant, could not be used in criminal prosecutions both in Federal and now State courts. This is called the Exclusionary Rule. Issue: Can the Exclusionary Rule cause a criminal to go free? Explain below in 2-4 sentences.
Answers
Answer:
they didn't have a warrant so they shouldn't have forced there way in. Also they cannot be arrested
Explanation:
hoped this helped sry if wrong lol
Why is the government basically either a democracy or a dictatorship
Answers
Answer:
a government basically either a democracy
The United States is a representative democracy. This means that our government is elected by citizens. Here, citizens vote for their government officials. ... Voting in an election and contacting our elected officials are two ways that Americans can participate in their democracy.
Democracy is a full form of government in which every public officer has its own defined responsibilities while dictatorship is the name of government of one or a small group of people. People have right to choose what is right for them while dictator choose what is right without considering the opinion of masses.
Sam and Chris were friends and went to the bar together. Both of them had two glasses of wine (Merlot). Sam was small and weighed 170 lbs. while Chris was a bigger guy weighing in at 275lbs. Chris always wanted to buy Sam’s 2019 Harley Davidson motorcycle but Sam always told him that it wasn’t for sale. Chris had his concealed weapon on him at the bar and gestured toward the weapon. Chris stood up and told Sam to seriously reconsider whether his motorcycle was for sale while consistently showing the imprint of his weapon against his jeans. Sam thought Chris was armed with a gun and immediately told Chris that his motorcycle was now for sale. Chris demanded a sale price of only $3,000 and Sam sold the motorcycle.
The following day, Sam went to see his lawyer to discuss whether the sale of his motorcycle was valid. Specifically, he mentioned to his lawyer that he two glasses of wine and couldn’t remember all of the details of the event. In addition, he told his lawyer that he felt pressured by Chris to sell his motorcycle and wasn’t sure whether he was armed.
Answers
The sale of motorcycle was not valid as Sam was not in a state of forming a proper consent for the agreement due to intoxication and he was also coerced into selling it because of fear of weapon.
About Consent
Whenever one person voluntarily accepts another's request or wish, this is known as consent. It is a term that is used frequently and has precise definitions in a variety of contexts, including the law, medicine, science, or intimate relationships. Consent may not mean the same thing when used in certain settings. For instance, a person who is mentally ill, has a poor mental capacity, or is younger than the age of consent to se-xual activity may voluntarily participate in such a s-ex encounter that yet falls short of the legal standard for consent as specified by the relevant law.
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what is the only type of lawyer guraranteed in the bill of rights
Answers
Answer:
The right to a Criminal defense attorney
Explanation:
The right to representation by counsel in a criminal proceeding by is one of the fundamental rights guaranteed by the U.S Constution
Under the Uniform Residential Landlord and Tenant Act, if a lease does not state a clear expiration date, the lease is regarded as
Answers
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.
Does the government work well with others?
Answers
Answer:
yes
Explanation:
in order to form relationships with other countries
Answer:
For my opinion
kind of
Explanation:
the goverment isnt in good terms with some countries
hope it helps♡´･ᴗ･`♡
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If you live on the border of Trenton and Pennsylvania does common in law apply?
Answers
Sorry if this is not the answer you're looking for..
"New Jersey does not recognize common law marriages. In Pennsylvania, a couple may claim to be common law married if there is clear and convincing evidence that the couple exchanged words, in the present tense, for the specific purpose of establishing the legal relationship of husband and wife."
brainly Everyone working in the United States is required by law to have a work permit. False False True True
Answers
"Everyone working in the United States is required by law to have a work permit," the correct answer is: False
Does Everyone working in the United States is required by law to have a work permit?While it is true that many individuals working in the United States are required to have work permits, not everyone falls under this requirement. The work permit, commonly known as an Employment Authorization Document (EAD) or work visa, is typically required for foreign nationals who are not U.S. citizens or permanent residents (green card holders). They need work permits to legally work in the United States.
U.S. citizens and permanent residents do not need work permits as they have the legal right to work in the country. However, they may need to provide proof of their citizenship or residency status when starting a new job.
It's important to note that immigration and work authorization laws can be complex, so individual circumstances may vary. It's always best to consult with an immigration attorney or the appropriate government agencies for specific advice and guidance.
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What can be derived from a firearm and its projectiles?
Answers
Firearms and their projectiles can provide valuable information to law enforcement officials, forensic scientists, and criminal investigators.
What constitutes firearms and their projectiles?A firearm is a type of weapon that uses gunpowder or other explosive materials to launch a projectile through a barrel. The projectile is the actual bullet that is propelled out of the gun when it is fired. There are several things that can be derived from both the firearm and its projectiles:
Forensic evidence: Firearms and their projectiles can leave behind valuable forensic evidence at a crime scene. This evidence can be used to identify the type of gun used, the direction from which the shot was fired, and the trajectory of the bullet.
Ballistics: The study of the behavior of bullets and projectiles is known as ballistics. Ballistics can be used to determine the velocity, trajectory, and impact of a bullet, as well as the damage it can cause.
Weapon identification: Firearms and their projectiles can be used to identify the type of weapon used in a crime. This can help law enforcement officials to track down the perpetrator.
Ammunition analysis: Analysis of the ammunition used in a firearm can provide clues about the person who fired the gun. For example, the type of ammunition used can indicate the level of skill or training of the shooter.
Criminal investigations: Firearms and their projectiles can be an important piece of evidence in criminal investigations. They can be used to link suspects to crimes, provide evidence of motive, and help to build a case against a defendant in court.
Overall, firearms and their projectiles can provide valuable information to law enforcement officials, forensic scientists, and criminal investigators.
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Is the Supreme Court a de facto lawmaker? Why, or why not?
Answers
No, the Supreme Court is not a de facto lawmaker. The supreme court only interprets the laws.
Although the Supreme Court has the authority to interpret the law and render decisions that set legal precedents it does not have the authority to enact new laws. The legislative branch of government is in charge of that. The Supreme Court can only interpret the Constitution and apply existing laws. it cannot pass new legislation or change existing laws.
Supreme courts responsibility is to make sure that the law is applied fairly and consistently to overturn any laws that are determined to be unconstitutional. The parliament makes the laws in accordance with the needs in the society and the supreme court can interpret these laws to give judgements.
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Quiz: What is Person Property?
Question 5 of 10
Which of the following describes personal property that could be protected
with a trademark?
A. A custom computer software program designed specifically for a
company
B. A song that is written and performed by a popular artist
C. A company's unique image that it places on its products
D. The land that a manufacturing company purchases for its new
plant site
Answers
An example of personal property that could be protected with a trademark is C. A company's unique image that it places on its products.
What is a trademark?A trademark is a type of intellectual property that protects a company's unique image or brand. This can include a company name, logo, slogan, or any other distinctive identifier that consumers associate with the company's products or services.
A custom computer software program, could be protected by a copyright, which is another type of intellectual property that protects original creative works.
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WHAT ARE THE FEATURES OF LEGITIMACY
Answers
Answer:legitimacy usually is understood as the popular acceptance and recognition by the public of the authority of a governing régime, whereby authority has political power through consent and mutual understandings, not coercion.
Explanation:
legal rule can be enforced directly by private individuals. true or false with justification?
Answers
The answer is false. The Supreme Court of India has the authority has legal to issue writs private of habeas corpus, mandamus, prohibition, quo warranto, and certiorari under Article 32 of the Indian Constitution.
In order to protect the "Rule of law," the Supreme Court is also granted the authority of judicial review. The laws must be the supreme law of the land, private publicly publicised, equally enforced, and decided by an independent judiciary, for example, which is a procedural aspect of the rule of legal law. The rule of law, according to the United Nations (UN) system, is a principle of government that holds everyone, including the State itself.
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The United States is on par with Russia in having more persons per capita in prison. Is that a sign that the United States is a nation that enforces its laws, or is it an
indication that something is inherently wrong with its criminal justice system? Please explain and then respond to a
Answers
According to the criminal justice system, the United States is the one that enforces the laws, and the poor are disproportionately represented in the prison population.
What is criminal?
The person who committed a crime is referred to as a "criminal." A individual is legitimately arrested if they are the indifferent perpetrator of the crime. Lawbreakers are classified into four types: persistent, moralistic, juridical, and organized. The perpetrator must be punished by the court.
According to the criminal justice, the United States is the one that writes the laws, and the crimes police are overburdened. A substantial proportion of the poor end up in prison.
Hence, the significance was the criminal aforementioned.
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Directions: Please find, research, and summarize a current event that took place in the last 1 year. After picking a topic, research the current even thoroughly and summarize the event in 4-5 sentences. Think about and include the cause, effect, and significance of the event in your summary. Your summary must be in complete and detailed sentences.
Example of topics: Increase of Wildfires, Capitol Riot, Extreme Drought, etc.
Please use the following links to help you research current events:
1) www.npr.org
2) www.libraryofcongress.gov
3) NYTimes.com
Answers
What did the system of the amendments do for the Constitution? Choose all that apply.
It gave states the opportunities to show disagreement with federal law.
It gave the states the right to apply or not apply the Bill of Rights.
It allows for updating with time and issues, but it does not change the original document.
It allowed for civil rights to be applied through the Bill of Rights.
Answers
Answer:
The answer is b and c
Explanation:
Just took the test