Judicial activism, a style of legal decision-making, acknowledges the capacity of judges to create new social policy through the rejection of precedent.
According to the legal theory of "judicial activism," courts can and must consider societal effects in addition to the law that applies when making decisions. It is occasionally used in defiance of court restraint. The phrase typically refers to a judge deviating from precedent and relying more heavily on their own convictions while rendering decisions. Politicians disagree on both the overall concept of judicial activism and specific activist judgements. The issues of statutory interpretation, judicial activism, and the separation of powers are closely intertwined. Additionally, this idea is the reverse of judicial activism, in which judges decide matters based on their own opinions rather than the law and precedents. Consequently, judicial restraint indicates that a judge will take precedents into account when deciding on a case.
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What areas does the states laws impact statewide
Answer:
All State governments are modeled after the Federal Government and consist of three branches: executive, legislative, and judicial. The U.S. Constitution mandates that all States uphold a “republican form” of government, although the three-branch structure is not required.
Explanation:
pls mark as brain list
Pleasantville police officers Fred and Barney were dispatched to investigate a robbery alarm call at the Hop-In liquor store. Central dispatch advised the responding units that they had attempted to call the store by phone, but there had been no answer. Upon arrival at the Hop-In, responding officers found the front door standing wide open and a male store clerk lying on the floor inside, deceased from an apparent gunshot wound to the chest. The cash register was empty and the store had been ransacked.
Officers quickly reviewed the store’s security videotape for evidence. The video depicted two male suspects, one wearing a red hooded sweatshirt and the other wearing a green T-shirt and blue baseball cap. Officers broadcast the suspects’ descriptions to other Pleasantville officers, and within an hour, two suspects were under arrest for the robbery and murder of the store clerk. The suspects were identified as Larry and Moe. Larry and Moe were booked into the Pleasantville jail and placed in separate cells pending follow-up by Pleasantville detectives.
The following morning Detective Smith interviewed the suspects separately about the robbery and murder. Detective Smith advised each of the suspects of his rights under Miranda. Both Larry and Moe refused to make any statement (invoking their Fifth Amendment protections) and demanded that they be placed back in their respective cells. Detective Smith called for jail guards to take the suspects back to their cells. As the guards were doing so, they noticed graffiti on the jail cell walls. In Moe’s cell, the wall read, “Sorry God for what I have done, no one was meant to die.” In Larry’s cell, the wall read, “I am innocent of murder, I may be guilty of robbery, but I didn’t kill anyone, it was Moe!”
Larry and Moe are charged criminally for the robbery and murder of the store clerk. During the trial the prosecutor attempts to enter the writings on the jail cell walls as evidence against both defendants. The prosecutor calls the jail guards as witnesses to testify that the graffiti writings were not on the wall prior to Larry and Moe being placed in their individual cells. The attorneys for Larry and Moe object to the writings being admitted as evidence. They base their objection on the fact that each defendant had clearly invoked his Fifth Amendment rights.
The judge advises the courtroom that she will need a few minutes to review the defendants’ objection and orders the court into a thirty-minute recess. Now it is your turn to be the judge. While reviewing defense counsels’ objection, you must decide the following:
1.Should the writings be allowed into the trial as evidence?
2.Can Moe's writing be used against him? Why or why not?
3.Can Larry's writing be used against him? Why or why not?
4.Can Larry’s writings be used against Moe? Why or why not?
Answer:
1-2-3-4 NO / Who's to say an officer didnt write that inside the cell to have a quick and speedy trial where they are both found guilty but one with a lesser term ? Even if prior to Moe and Larry being kept in SEPERATE cells , this would make it seem more evident that they are blaming Moe for the murder. Larry could have accepted a plea deal to get a shorter sentencing then Moe and only face Burgulary charges indefinite to the counts of murder Larry could face.
Explanation:
EVEN if this is true and Larry commited the henious crime , it cannot be used against him in terms of evidence since when he first got arrested and it was informed to him of his rights under Miranda Law he still pleas the fifth here in the excerpt "Both Larry and Moe refused to make any statement (invoking their Fifth Amendment protections)" this is prior to getting arrested and prior to being interrogated , This does'nt mean either of them are guilty yet BUT makes them look suspicious/guilty infront of the jury. This is because they didn't want to be interrogated or questioned.
THE RIGHT REASONING WOULD BE NO UNDER ALL CIRCUMSTANCES!!!what makes you laugh out loud?
Answer:
when someone says a joke
Explanation:
Answer:
Enjoying jokes of joker
having fun with friends
doing the dumb stuff you do
What are your thoughts on the fact that defendants can engage in bargaining, more frequently initiated by the prosecutor?
Answer:
Some prosecutors also use plea bargains as a way to encourage defendants to testify against codefendants or other accused criminals. Plea bargains allow prosecutors to avoid trials, which are shunned because they are time-consuming, labour-intensive, and costly but carry no guarantee of success.
Explanation:
Democratic vs Republican view on gun control
typical answer to ""state the reasons for abandoning lawful permanent resident status."" a typical answer is
The typical reasons for abandoning lawful permanent resident status include voluntarily giving up the status, staying outside of the United States for an extended period of time without obtaining a re-entry permit, failing to file income taxes while residing outside of the country, and committing certain criminal offenses.
It is important to note that abandonment of permanent resident status can have significant consequences, including difficulty in re-entering the guidance United States and potential loss of eligibility for certain benefits and opportunities.
Therefore, it is advisable to seek guidance from an immigration attorney before making any decisions regarding abandonment of permanent resident status.
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A Noncontributory group life term is categorized by
A non- contributory group life term is categorized by creditor-debtor, professionals, and others.
Non-Contributory plans are schemes where the entire premium is paid by the employer.
Straightforward definition of insurance?Insurance, usually referred to as insurance coverage or insurance policy, is a contract between the insurer and the insured. The insurance offers financial protection against any damages that the insured may incur in specific situations.
What is it, and why is it necessary?Its goal is to lessen financial uncertainty and mitigate unintentional loss. It achieves this by exchanging the promise to pay in the case of a substantial loss for the payment of a small, predictable fee—an insurance premium—to a reputable insurer.
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what is the primary protection of the fourth amendment? it guarantees against cruel and unusual punishment. it guarantees a suspect's right to an attorney at all stages of the criminal justice process. it guarantees the arrest, search, and seizure warrants are issued by an objective magistrate. it guarantees that a suspect is advised of his or her right to remain silent.
Answer:The Constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures by the government. The Fourth Amendment, however, is not a guarantee against all searches and seizures, but only those that are deemed unreasonable under the law.
Explanation:
Write five ‘would-you-rather’ questions about life and law in early America. Please help me come up with some ideas!!
Would you rather live in a small colonial town where everyone knows each other's business, or in a bustling 18th century city where anonymity is possible?
The four Questions are seen below
What are the ‘would-you-rather’ questions?Generally, Would you rather be a wealthy plantation owner with slaves, or a poor white farmer with few opportunities for upward mobility?
Would you rather be a member of a religious minority in early America, facing persecution and discrimination, or a member of the dominant religious group?
Would you rather be a colonial woman with limited legal rights, or a Native American facing forced displacement and cultural genocide?
Would you rather be a member of a colonial militia fighting in the American Revolution, or a loyalist forced to flee to Canada after the war?
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The federal trade commission requires franchisors to.
Answer:
The Federal Trade Commission (FTC) Franchise Rule is a disclosure rule that requires a franchisor offering or selling a franchise located in the United States of America to provide the prospective franchisee with the relevant information about the franchise.
in tort law, the failure of one party to act or intervene in a certain situation is known as:
In tort law, the failure of one party to act or intervene in a certain situation is known as "omission.
"Definition: Omission, in legal terms, is a term used to describe the failure to act when action is required. Omission means failing to act in a situation that calls for action. The person who is supposed to act in the given situation fails to act and hence the consequences of such inaction are faced. In tort law, the term omission is used to refer to the failure of one party to act or intervene in a given situation.
However, it is important to note that the omission is only punishable in law if the person had a duty to act or intervene, and if their inaction resulted in harm to another person. Thus, if a person has no duty to act or intervene, then they cannot be held liable for their inaction.
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Probable cause is:
1) a precedent-setting term concerned with the use of undercover operations.
2) a police procedural issue concerned with the use of deadly force.
3) a legal explanation for the use of interrogation as a means to elicit a confession.
4) a set of facts that cause a reasonable person to believe that a person committed a specific crime.
Answer:
4
Explanation:
im no law expert, but I know what probable cause is
Convicted criminals whose sentences increase during their prison term due to a change in the law have been illegally subjected to what kind of law
Convicted criminals whose sentences increase during their prison term due to a change in the law have been illegally subjected to ex post facto law.
Ex post facto is a Latin term that means "after the fact." In law, it refers to a law that retroactively changes the legal consequences of actions that were committed before the enactment of the law.
The U.S. Constitution specifically prohibits the enactment of ex post facto laws. This means that the government cannot punish someone for an action that was not a crime when they committed it, or increase the punishment for an action that was a crime when they committed it.
Therefore, if a criminal's sentence is increased during their prison term due to a change in the law, it would be a violation of the ex post facto clause of the Constitution.
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Section 27 of the Constitution of the Republic of South Africa, 1996 is an essential
provision in the country’s social security system. This provision forms the basis for
various legislation and court litigation on social security law. Discuss how the rights
under this provision can be limited.
who was valedictorian of the thorogood marshall law school of texas southernuniversity at the friday night law scool graduation ceremony on may 12, 2023?
Marshall Law Was Valedictorian of the Thorogood marshall law school of Texas Southern University at the Friday night law school graduation ceremony on May 12, 2023.
A valedictorian is an academic honor bestowed upon a graduating student who achieves the highest overall academic performance in their class. The title of valedictorian is typically awarded based on a combination of factors, including grade point average (GPA), rigorous coursework, and exemplary academic achievements.
Valedictorians are recognized for their exceptional dedication, discipline, and commitment to their studies. They consistently demonstrate a strong work ethic, intellectual curiosity, and a genuine passion for learning. Their academic success is often reflected in their high grades across various subjects, indicating a well-rounded academic proficiency.
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Explain why is law is an instrument which regulate human conducts?
Answer:
Law is an instrument which regulates human conduct/behavior. Law means Justice, Morality, Reason, Order, and Righteous from the view point of the society. Law means Rules of court, Decrees, Judgment, Orders of courts, and Injunctions from the point of view of Judges.
What is habeas corpus please help due tommorrow
Answer:
Hi there! Answer is below :)
Explanation:
Habeas corpus was a law that was first introduced in Europe, to be more specific, Spain and Britain. This law gives an arrested person mandatory to appear before a judge and jury. It also requires the prosecutors to have evidence to make their point to jury.
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.
Provide TWO (2) examples or situations that
prompt a MNC from a developed country to take advantage of the less
stringent laws and regulations of the local market in a developing
country (e.g., laws r
TWO examples or situations that prompt a MNC from a developed country to take advantage of the less stringent laws and regulations of the local market in a developing country are Tax Avoidance, Environmental Regulations.
Tax Avoidance: One example is when a multinational corporation (MNC) from a developed country takes advantage of the less stringent tax laws and regulations in a developing country. They may establish subsidiaries or offshore entities in the developing country to shift profits and reduce their tax liability. By exploiting tax loopholes or lower tax rates in the developing country, the MNC can potentially minimize their overall tax burden and increase their profits.
Environmental Regulations: Another example is when an MNC relocates or outsources its production to a developing country with less stringent environmental regulations. By doing so, the MNC can avoid the costs and compliance requirements associated with stricter environmental standards in their home country. This allows them to potentially operate with fewer restrictions, lower production costs, and potentially contribute to environmental degradation in the developing country.
It is important to note that these examples illustrate situations where MNCs may exploit differences in laws and regulations between developed and developing countries. However, it is crucial to promote responsible business practices that prioritize sustainability, ethical behavior, and adherence to global standards to ensure equitable and sustainable development for all parties involved.
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according to pericles, what are the benefits of athenian democracy that make it worth saving, and what are the duties of the citizens of athens to keep this system working going forward?
Pericles, a prominent Athenian statesman in ancient Greece, highlighted several benefits of Athenian democracy that he believed made it worth preserving.
In his famous Funeral Oration, Pericles emphasized that Athenian democracy promotes equality and provides opportunities for all citizens to participate in decision-making. He praised the system for its freedom of speech, which encourages open debate and the exchange of ideas.
Pericles also emphasized the importance of civic duty and the responsibility of citizens to actively engage in the affairs of the city-state. He emphasized that citizens should serve the collective interest, participate in public life, and uphold the laws and institutions that sustain democracy, ensuring its continuation and prosperity for future generations.
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1. what does the immigration Law consist of?
2. How does it help people that have no papers?
3. how have the immigration laws changed over the year to help more people who are undocumented?
4.How do immigration laws differ among different states?
5.Why do immigration cases keep rising even when most countries are adopting democracy?
6.What is the relationship between immigration laws and the rate of their rise?
7.How much are the systems of taxation for the immigrants in the United States fair?
Immigration law consists of rules and regulations that govern the admission, residency, and deportation of non-citizens in the United States. It sets the criteria and processes for people who want to enter the country, work, study, or seek asylum.The relationship between immigration laws and the rate of their rise is complex, as different states may have varying degrees of enforcement and legislation. Stricter laws may deter some immigrants from entering, while lenient policies might encourage more immigration. It's important for a democracy to balance these laws with fairness and human rights considerations.The taxation system for immigrants in the United States can be considered fair in some aspects. Both documented and undocumented immigrants pay taxes through various means, such as property, sales, and income taxes. However, undocumented immigrants may not benefit from some public services they contribute to through taxation, raising questions about fairness and equity.
1. Immigration Law consists of a set of rules and regulations that govern the entry, residence, and employment of foreign nationals in the United States. The law is designed to protect American citizens and maintain the country's security while also ensuring that individuals who seek to immigrate to the United States have a fair opportunity to do so.
6. The relationship between immigration laws and the rate of their rise is complex. Some argue that strict immigration laws can discourage individuals from attempting to enter the country illegally, thereby reducing the rate of illegal immigration. However, others argue that overly harsh immigration policies can exacerbate the problem by driving undocumented immigrants further underground and making it more difficult for them to integrate into American society.
7. The systems of taxation for immigrants in the United States are generally considered fair. Undocumented immigrants are required to pay taxes just like any other worker, and many also contribute to the economy through their consumption of goods and services. However, some argue that the tax system could be made more equitable by providing a path to citizenship for undocumented immigrants, which would allow them to fully participate in American society and enjoy the same rights and privileges as other citizens. Ultimately, the question of taxation for immigrants is a complex one that requires careful consideration of the many competing interests involved.
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1. Which of the following is NOT one of the components of messages?
A. Nonverbal
B. Verbal
C. Antiverbal
D. Paraverbal
יש נטס 4
is the
2. In the communication model discussed in the segment, the
message
Answer:
The answer is D
Explanation:
no explanation
Answer:
The answer is d
Explanation:
Which of the following cannot be discharged by filing bankruptcy?
a. Credit card debt.
b. Mortgaged debt.
c. Student loan.
The option is c. Student loan.Bankruptcy is a legal process where an individual or business declares that they cannot repay their debts, and their assets are liquidated, or a payment plan is agreed upon to pay their debts. Bankruptcy can eliminate some debts and prevent creditors from collecting them, but it cannot discharge all debts.
While bankruptcy can discharge or eliminate some debts, student loans cannot be discharged by filing for bankruptcy. This is because student loans are considered "nondischargeable" under bankruptcy law. This means that regardless of the type of bankruptcy filed, student loan debt will not be discharged unless the debtor can prove "undue hardship."Credit card debt can be discharged by filing bankruptcy, but it is important to note that the ability to discharge credit card debt will depend on the specific circumstances of the case. Mortgaged debt can also be discharged by filing bankruptcy, but the debtor will lose their property as part of the bankruptcy process if they cannot catch up with their payments.
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Discuss criticisms of separation of powers
Answer:
One criticism of separated powers is that it can also result in weak government, especially if the legislative and executive branches are controlled by different political parties.
Explanation:
Answer:
The criticisms of the doctrine of separation of powers are: Complete separation is not possible, Complete separation is not desirable, Impracticable in itself, and Separation of powers can lead to deadlocks and inefficiency.
Please give me brainliest - you get 25% as well! I swear!
Why is the forensic interview especially important in child abuse cases? What are key tips to ensure facts gathered in the interview can withstand judicial scrutiny and why are all forensic interviews with children recorded?
Forensic interviews are especially important in child abuse cases because it enable the acquisition of factual information and evidence relating to those cases.
To ensure that facts are gathered in a way that can be proven in court, forensic interviews are carefully controlled: the interviewer's utterances and body language must be neutral, alternative explanations for a child's assertions are thoroughly explored, and the results of the interview are substantiated in a way that can be proven in court.
What is the importance of Forensic interviews?The purpose of a forensic interview is to get a statement from a kid in a way that is objective, developmental, and legally acceptable.
Child welfare officials frequently conduct these interviews in the privacy of their automobiles or vacant classrooms. These "improved" settings, while convenient, may not be perfect.
Because a person's capacity to recall past events is often impacted by his or her environment, best practice in forensic interviewing—even if it occurs "in the field"—entails establishing a neutral, comforting, and child-friendly site prior to the interview.
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DNA evidence is typically easy to find at a crime scene.
True
False
Answer:
false
Explanation:
DNA evidence is useful in solving crimes but it is not easy to find at crime scenes so this is false.
Why isn't DNA evidence more widely used?Even though DNA evidence can help solve a crime faster, it is not very easy to find at crime scenes.
This is because not all can give the relevant material required for DNA testing, and there is also the issue of contamination.
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what you believe the people of Texas should do on gun control and gun violence issue
Answer:
Nah
Explanation:
Answer:
dont ask this
Explanation:
sir this is a Wendy's drive thru
Hey guys just wanted to know if Yall can help me to know something, so I was on a soccer game and a kid pushed me on purpose and posed to fight Me but I trowed a punch and knocked him out, he has a purple mark on the face, what the max thing I can get in trouble, can I go to jail? I'm 17 years old by the way, help me out with you guys knowledge
Answer:
ok don't worry, first i dont think youll go to jail and if you do its probably overnight unless you did something worse, then it'll be longer depending on what you did. But i doubt youll go to jail for one punch, maybe get yelled at but you'll be fine
Explanation:
Which of these disputes can the Supreme Court take Mcq?
Between citizens of the country.
Between citizens and the government.
Between two or more state governments.
All of these
studies of juvenile offending patterns find that a small percentage of juveniles:
The studies of juvenile offending patterns find that a small percentage of juveniles accounts for a disproportionately large percentage of juvenile offenses.
What are juvenile offenses?Juvenile offenses are crimes that are committed by minors. Juvenile offenses are those that are committed by people who are under the age of eighteen. These offenses are handled differently from adult crimes. Juveniles are often subject to alternative sentencing that is focused on rehabilitation rather than punishment. The juvenile justice system has its own set of rules and procedures that are specifically designed to address the needs of minors.
Studies of juvenile offending patterns: The research on juvenile offenses shows that a small percentage of minors are responsible for a disproportionate percentage of juvenile offenses. Studies of juvenile offending patterns find that around 6% of minors account for approximately 50% of all juvenile crimes.
This small group of young people is responsible for a wide range of criminal activities. These criminal activities include everything from theft and vandalism to violent crimes such as assault and murder. The remaining juveniles commit less serious offenses and are less likely to be repeat offenders.
Hence, the studies of juvenile offending patterns find that a small percentage of juveniles accounts for a disproportionately large percentage of juvenile offenses.
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