Answer:
What is the relationship between statutory immunity and common law duty here?
The relationship between statutory immunity and common law duty here, is emergency care, while statutory immunity states that the emergency care is completely linked with trained medical personnel providing the help with proper equipment and trained enough to manage emergency situations discarding help from others, common law specifies a citizen´s duty to give emergency medical care if there is no trained personnel available.
2. Would it have been better for Ms. Torti to argue that she was providing medical treatment and have the court deal with the issue of what constitutes medical care rather than the issue of immunity?
No, it wouldn´t because a common law duty existed.
3. What are the implications of this decision for people who are trying to offer assistance at the scene of an accident?
The implications of this decision for people who are trying to offer assistance at the scene of an accident are several and complex, as we are dealing decision-making dilemma which would be the difference between life and death, although the circumstances around the conditions after surviving the accident are impossible to be evaluated at that emergency moment.
Explanation:
This case would rather need to provide a proof of breach of duty and damage so that the plaintiff would be able to get a private solution for the defendant's statutory breach, but if this is excluded then a common law duty would not be presented.
A legal provision known as the _______________ provides a "bounty" provision for whistleblowers whose actions result in a legal conviction. The monetary award may total as high as 30% of the amount collected for violations that exceed $1 million.
Answer:
A legal provision known as the ______Dodd-Frank Wall Street Reform and Consumer Protection Act_________ provides a "bounty" provision for whistleblowers whose actions result in a legal conviction. The monetary award may total as high as 30% of the amount collected for violations that exceed $1 million.
Explanation:
The Dodd-Frank Wall Street Reform and Consumer Protection Act is a law that regulates the financial markets and protects consumers.
If all proper hand washing steps are followed, how long should the entire process take? At least 20 seconds At most 2 minutes At least 60 seconds At most 30 seconds
Answer:
At least 20 seconds
Explanation:
The hand washing process should take approximately 20 seconds.
The entire handwashing process, when following all proper steps, should take at least 20 seconds according to the CDC recommendations for the general public.
Explanation:The entire handwashing process, when following all proper steps, should take at least 20 seconds according to the CDC recommendations for the general public.
To ensure that you're washing your hands for the appropriate amount of time, you can use a timer or hum the 'Happy Birthday' song from beginning to end twice, as this takes around 20 seconds.
It's important to scrub your hands thoroughly, making sure to wash the most commonly missed areas, such as the thumb, wrist, areas between the fingers, and skin under the fingernails. Ideally, you should use a nail brush to remove any debris or microorganisms under the fingernails.
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Why have some states placed restrictions on intrastate and interstate branches? What historical laws gave this right to states? What law changed these restrictions?
Answer:
The wave of bank failures in the 1920s threatened to undermine political support for banks. Eight states located in the east and south allowed the opening of branches without restrictions. Another 13 states allowed the opening of branches with strong restrictions to protect competition from bankers in rural areas.
Explanation:
The Grass-Steagall Act of 1933 was used to support unit banks and preserve their income by isolating them from competition. This law was designed to hinder the chains and groups of unit banks to organize themselves in a farm. This law discouraged bank consolidation by limiting operations when subscribing securities by banks. The ban on paying interest on demand deposits affected banks even more.
The reforms of the 1930s not only managed to limit mortgage loans, but also established certain specific restrictions to attract agricultural interests affected government subsidies.
A major blow to these laws that prohibited the opening of interstate branches came in 1982, when the Bank Holdings Act of 1956 was amended by Congress to allow bankrupt banks to get acquired by any bank holding .
The final blow to the unit banks came in 1994, when Congress reached the Riegle-Neal Law on interstate banking and branch efficiency. With this law, banks have branches both inside and outside the borders.
An attorney, who is a certified elder law specialist, entered into a partnership with a certified financial planner. The partnership provided legal and other assistance to clients in connection with issues related to aging. The attorney did not allow the certified financial planner to interfere with the attorney's independent legal judgment. The financial planner performed only work that she was authorized to perform as a certified financial planner.Is the attorney subject to discipline?(A) Yes, because the attorney formed a partnership with a certified financial planner and some of the activities of this partnership consisted of the practice of law.(B) Yes, because the attorney's clients are subject to undue influence if they receive their legal services and financial planning at the same time.(C) No, because it is in the best interests of the attorney's clients to receive coordinated advice about both legal services and financial planning.(D) No, because the attorney did not allow the certified financial planner to interfere with the attorney's independent legal judgment.
Answer:
(A) Yes, because the attorney formed a partnership with a certified financial planner and some of the activities of this partnership consisted of the practice of law.
Explanation:
Rule 5.4: Professional Independence of a Lawyer
(b) A lawyer shall not form a partnership with a nonlawyer if any of the activities of the partnership consist of the practice of law.
Formal rulemaking differs from informal rulemaking in: a. public notice is required for formal rulemaking not informal. b. a public comment period is needed for formal rulemaking but not informal. c. no modification period exists in formal rulemaking. d. none of the above
Answer:
Option D is correct
Explanation:
Informal rule process doesn't require hearings to be conducted on proposed rules but public comment is required for crafting regulations in a manner that reflects the stake holders popular opinions.
A formal rule requires a hearing process to be conducted in other to deliberate on the proposed rules.
Ralph is a resident of North Carolina. While driving through Texas, he has an accident involving Peter, a Texas resident. Peter files a lawsuit in a Texas state court. Over Ralph, the Texas court has:
Answer:
in personam jurisdiction.
Explanation:
Ralph is a resident of North Carolina. While driving through Texas, he has an accident involving Peter, a Texas resident. Peter files a lawsuit in a Texas state court. Over Ralph, the Texas court has in personam jurisdiction.
In personam means that a judgment can be enforceable against the person wherever he/she is.
Answer:
in personam jurisdiction
Explanation:
An in personam jurisdiction refers to the authority of the court to determine right and duties of the parties brought before it. when a court it means that the court has has the power to decide matters of a particular defendant.
A in personam jurisdiction will obligation that is imposed on an individual by the court become binding and the individual is obliged to carry out the decision imposed on him/ her by the court.
In the case of Ralph a North Carolina resident, who had an accident involving a Texas resident in Texas, the decision of the court will automatically be binding on him because the accident occurred with the state where the court has a jurisdiction.
Many jurisdictions have contracted with private prisons to solve their overcrowding problems. Identify at least two benefits achieved in contracting with a private prison.
Identify at least two disadvantages resulting from contracting with a private prison.Cite at least two articles (not in the class reading list) to support your response.
Comment on the postings of at least two of your classmates.
Answer: According to the article "The Economics of Private Prisions", the advantages of contracting with private prisions are the prices, which are cheaper than public ones for tax payers, since the company hired is the one responsible for solving any structural demands for example, that is currently generating over 80 billion dollars a year in expenses to be mantained for the government. Also, private companies generate jobs for the community, which could be the other advantage of contracting private prison services. The disadvantages, as pointed in "ISSUES IN CONTRACTING FOR THE PRIVATE OPERATION OF PRISONS AND JAILS", are concerning the fact that those prisons are able to "choose the criminal" according to the offense of the convict, and then aren't obliged to accept all of them as public ones are. Also, the ratio of convicts to employees are higher, and it is reported that these employees face 50% more violence acts against them when compared to public institutions.
Answer:
In parts of the United States there are prisons which, instead of being run directly by the government, in the traditional style, are run with private interests. The state authorities allocate money to the financing and make sure that they follow the same standards as state prisons, for example in terms of cells, food, work, rights and other conditions.
Advantages and disadvantages arise from this situation. As for the advantages, we can see that the government invests less money than it would invest if the prison were state-owned, so less money is invested in an activity that is not productive in itself, being able to allocate that public money to another type of expenses most necessary to improve the life of society. In addition, the fact that private prisons coexist with state prisons implies that the prison system is not saturated, since many investors can create new prisons, avoiding overcrowding of convicts as happens in other parts of the world.
As for the disadvantages, the main one is that the prison ceases to be a punishment for the inmate and a protection for society to be a business, so that since there is an economic interest, there can be an over-incarceration of the accused in the various criminal trials of the country. In addition, the lowering of costs in the prison day to day may lead to the violation of the rights of prisoners.
J-1 student immigration status as of August 1, 2019. Under the terms of his visa, he is permitted to work in the U.S. Ron qualifies for a Social Security number and should not apply for an ITIN.
True or False?
Answer:
True
Explanation:
All J-1 students or F-1 students who are working this quarter, and J-1 students with fellowships, are eligible for an SSN and must apply at the Social Security Office. J-1 scholars are also eligible for an SSN.
Only F-1 visa holders who are not working but receiving fellowship stipends will need to apply for an ITIN.
A traffic court: a. is a court of federal jurisdiction. b. is a court of limited jurisdiction. c. is an appellate court from small claims. d. both a and b
Answer:
b. is a court of limited jurisdiction.
Explanation:
A traffic court is a minor court for disposition of petty prosecutions for violations of statutes, ordinances, and local regulations governing the use of highways and motor vehicles
The Superior Court of New Jersey decided that (select 3 of the answer options below): a. The jury verdict should be reinstated. b. The Pagans were liable for the assault. c. The trial court ruling should be upheld. d. In most circumstances, a bar owner does not have a general duty of care to his/her patrons. e. Kerkoulas violated her duty of care because she knew of a likely danger to visitors.
Answer:
A,C,E
Explanation:
The Superior Court of New Jersey decided to uphold the jury verdict and the trial court ruling, also stating that a bar owner usually does not have a general duty of care toward patrons.
Explanation:The Superior Court of New Jersey reviewed the case and made the following decisions: a. The jury verdict should be reinstated. c. The trial court ruling should be upheld. d. In most circumstances, a bar owner does not have a general duty of care to his/her patrons. This highlights the complex nature of the legal system and the necessity for accurate interpretation of laws and precedents.
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Civil law addresses activities and conduct harmful to society and is actively enforced by the state. _________________________
Answer:
This statement is false.
Explanation:
Civil law deals with disputes between organisations, individuals, or both. Damages are sought in the form of monetary compensation and settlements. The cases are filled by private parties, and the burden of proof is on the plaintiff.
The definition in the statement is that of criminal law which is enforced by the state, and where the burden of proof is on the state.
The United States Courts of Appeals are: Select one: a. The original jurisdiction for filing actions for civil rights actions against the United States. b. Located in each state in the union. c. Regional federal courts which hear appeals from lower federal courts.
Answer:
Option C, Regional federal courts which hear appeals from lower federal courts.Explanation:
The United States Courts of Appeal or the Circuit Courts hear appeals from district court as well as appeals from decisions of federal administrative agencies.
When the decision passed by the lower feral courts fail to resolve disputes, the concerned parties may file an appeal from the United States Courts of Appeal to resolve the case.
Most cases of appeals are finalized in these courts. The court of appeals' decision usually is the final decision in most cases, unless the parties ask the U.S. Supreme Court to review the case through an appeal again.
A compulsory workers’ compensation law claims that are made when an injury took place on the employer’s premises but did not arise out of the worker’s employment are covered by workers’ compensation.a. Trueb. False
Answer:
false
Explanation:
Accidents and illnesses are part of the injuries mostly covered in the employee compensation claims as result of the exposure of the individual to the work related activities, materials or equipment. The injured employee, in most cases, are required to quickly file for the claims within a stipulated number of days as stated in their employment acts.
However, when the employee gets injured within the premises while he or she engages in other unsafe acts or from another fellow employee, such are not usually covered in the compensation benefits claims.
Contributions to PACs are protected by: a. the due process clause. b. the First Amendment. c. various state laws, but not protected at the federal level. d. none of the above
Answer:
b. the First Amendment.
Explanation:
The First Amendment Protects Both Political Donations and Campaign Spending
Where is this found in the constitution In 2008, senators called on congress to stop taxing gasoline. This was to help with rising gas prices that summer
Answer:
B) It included mathematical equations that explained and predicted the movement of the sun and the moon. Explanation: Isaac Newton is regarded as one of the most significant scientists in history. During his lifetime Newton revealed the law of gravity, the laws of motion which became the foundation for physics, a new type of mathematics named calculus, and made discoveries in the field of optics such as the reflecting telescope.
One of the key difficulties was the national government's lack of tax-levying authority. To avoid any perception of “taxation without representation,” only state governments were allowed to impose taxes under the Articles of Confederation.
What senators called on congress to stop taxing gasoline?The power to “lay and collect taxes” was granted to Congress in the first clause of Article I, Section 8, not only to pay off the nation's immediate debt from the Revolutionary War. Which was at the time its most pressing concern. But also, more broadly and in the future, to “provide for the common Defense and general Welfare of the United States.”
The new form of government prohibited states from issuing their own minted money and gave Congress jurisdiction over interstate commerce. Additionally, it gave the federal government authority to tax people.
Therefore, the Constitution expanded the federal government's authority over money and taxes.
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A promises B that if B doesn’t break any state or federal laws before he is 21 he will give B $5,000. B turns 21 and has not broken any state or federal laws. What best describes B’s legal position with respect to enforcing A’s promise to pay
Answer:
A has made a promise; therefore he must keep it.
Explanation:
A has made the promise to give the monet to B. He must keep that promise and make it real as B has done his part and did not break the law.
A woman entered into a contract with a famous painter for a portrait of her cat. Tragically, the painter, the cat, and the half-completed portrait perished together in a fire.
If the woman sues the painter's estate for breach of contract, a court will likely find that the fire caused the painter's contractual duties to be discharged by:___________
Answer:
It would find the impossibility excuse which would mean that no further duties could possibly be discharged by the painter under these circumstances and all duties before these circumstances occurred had been discharged by the painter.
Explanation:
The impossibility defense would mean that since it is impossible for the painter to discharge his duties due to the cat, the painting, and the painter himself having perished in the fire, an action which is non reversible, It is impossible for the work to continue.
Answer:
impossibility
Explanation:
A discharge of contract by impossibility of performance happens when the duty being contracted can no longer be formed due to death, or illness, or maybe as a result of a reason caused by the other party being involved in the contractual process. The painting is the subject matter which was destroyed in the process as stated in the question and if the painter remained alive, while other things got destroyed, he or she could be in a better position to repaint what was required either from the memory of the cat being retained or from a possible photograph of the cat that was taken before the incident.
What is the monetary floor an federal government contractor must meet to have executive order 11246 imposed?
Answer:
Explanation: Executive Order 11246 originally issued by President Johnson in 1965 but which was On July 21, signed into law by President Obama. The order which provides requirements for the non-discriminatory practices in the process of hiring and overall employment of contractors.
The Executive Order prohibits federal contractors and federally-assisted construction contractors and subcontractors who do over Ten Thousand Dollars in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, or national origin. The Executive Order also requires Government contractors to take affirmative action to ensure that equal opportunity is provided in all aspects of their employment.
It requires federal contractors with fifty or more employees and Fifty Thousand dollars or more in federal contracts to develop written affirmative action plans for women and minorities.
The U.S. Department of Labor’s Office of Federal Contract Compliance Programs is tasked with enforcing this E.O.
Answer:
Prohibition of contractors who earn above $10000 to discrimination.
Explanation:
The Executive Order prohibits federal contractors and federally‐assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identity or national origin
Congress has the power to overturn an executive order by passing legislation that invalidates it. ... In the case of the former, the president retains the power to veto such a decision; however, the Congress may override a veto with a two-thirds majority to end an executive order.
What court case established the principle of judicial review
Answer:
Judicial Review was established by the landmark decision in Marbury v. Madison, 1803.
Explanation:
Judicial review is the ability of court to decide if any law violates the constitution.
Was Congressional Reconstruction more about racial equality or political power? Explain your answer.
Answer:
Congressional Reconstruction more about ‘racial equality‘
Explanation:
Because congressional reconstruction was about the rights of the freed slaves when they were released from captivity, so that they can have equal rights with the non slaves. And it also encourages newly freed slaves to pursue economic , social and political opportunities
E-Sign: a. applies only to interstate transactions. b. must still be adopted by the states to be effective. c. does not apply to contracts for the sale of goods. d. applies in all 50 states. e. none of the above
Answer:
The answer is option d.
Explanation:
Congress adopted an Act that accepted the use of electronic signatures across all the fifty states of the United States of America. Thr president signed this into law in the same year of 2000.
E-signs refer to electronic signatures. In layman terms, rather than only a signature made in writing being considered as legally valid, an electronic signature was accepted as being legally valid as well. The law was introduced in part to correct the issues arising from different states having their own divergent laws concerning electronic signatures at a state level. This act made it a standard that would be applied all the 50 states.
In what ways do drug courts and other courts that use therapeutic jurisprudence challenge traditional notions of court reform? To what extent might these courts become the focus of court reform in the future? Why? quzket
Answer:
Reasons why drug courts and other courts use therapeutic jurisprudence.Explanation:
Therapeutic jurisprudence was adopted as a response to the recognition that sentencing offenders to prison did not succeed in bringing a change in the offender's behavior in drug possession charges and cases.
Instead of relying on the traditional notions of justice, the drug treatment court emphasized 'offender's rehabilitation' as a resolve to offenders charged with drug possession.
This resolve actually proved successful in helping many addicts to end their addiction as it provided supervision and rehabilitation to avoid re-involvement of the same offence.
Therefore, court reforms have become a need for the future. The traditional notion of justice such as sentencing to prison has become quite ineffective to many behavioral offences. New strategies of justice or punishments should be studied and put into practice to change the behavior of the offenders so that similar offences would not be committed again. This can help reduce the number of behavioral crimes in the near future.
Regarding murder, Select one: a. most were committed through the use of a "sharp instrument." b. a majority was precipitated by arguments. c. a majority of the victims knew their assailants. d. a majority was associated with robbery, arson, and other crimes.
Answer:
c. a majority of the victims knew their assailants.
Explanation:
Regarding murder, a majority of the victims knew their assailants.
Some assaults are lawful
Answer:
Yes, some assaults are lawful. They are;
Assault committed as a result of self-defenseIn a case of Medical interventionA sport that allows touching.AccidentExplanation:
Assault refers to a situation when a person is threatened and physically caused grievous bodily harm by another person. Assault can both be a civil and criminal wrong. When it is a civil wrong, you claim damages (money) for the harm caused by the act of another. When it is a criminal wrong, the person who assaulted another person will be sentenced to prison for a specified number of months or years depending on how grievous the harm is by a Court of Law. In the United States, the maximum sentence given to a person guilty of assault depends on the Jurisdiction (States).
To prove an assault, certain elements must be present, namely;
That the defendant was the one that committed the wrong.That the defendant intentionally caused the victim grievous bodily harm.That the Defendant caused the victim to have grievous bodily harm.Why was the decision to assign jurisdiction over controversies between citizens of different states to the Supreme Court significant? a. It meant that the state courts, rather than the federal judiciary, would ultimately become the primary venue for resolving disputes. b. It meant that the federal judiciary, rather than the state courts, would ultimately become the primary venue for resolving disputes. c. It meant that courts at both the state and federal levels would become irrelevant to the operating of the American political system. d. It meant that the state courts would be allowed to use the power of judicial review on cases involving economic disputes.
Answer:
It meant that the federal judiciary, rather than the state courts, would ultimately become the primary venue for resolving disputes.
Explanation:
The decision to assign jurisdiction over controversies between citizens of different states to the Supreme Court meant that the federal judiciary, rather than the state courts, would ultimately become the primary venue for resolving disputes.
2. Japan, North Korea, and the Philippines each have a constitution. What role does each country's constitution play in organizing power in the government and shaping the lives of citizens? (3 points)
Answer:
In Japan the role of the constitution is to provide a parliamentary system of government and it also guarantees the fundamental human rights of its citizens.
In North Korea: The constitution institute the supreme peoples's assembly as the highest government institution but the citizens have limited freedom of movement outside the country.
In Philippines: the role of the constitution in Philippines is that it promotes effective industrialization and all natural resources within the country shall be owned by the states. The citizens try to choose leaders that will embody their ideas.
Explanation:
constitution: this is an establish law that determines how things are to be conducted or how a place is to be governed.
Citizens:A person who is a member of a particular country and has his fundamental human rights.
Data that must be retained for legal reasons is considered ______________ data. Select one: a. sensitive b. vital c. critical d. noncritical
Answer:
c. critical
Explanation:
Data that must be retained for legal reasons is considered _____critical_________ data.
The retention of data is a way of helping protect an organization's data and avoid economic, civil, and criminal penalties that increasingly accompany poor data management practices.
You are a criminal defense attorney who has been asked to represent two youths who engaged in "gay bashing" against a homosexual male. The two defendants, both males, were propositioned by the victims in a bar near a college campus. In response to the solicitation by the victim, your clients brought the victim to a motel under the guise of a romantic encounter but once the three arrived, the two youths attacked the victim, beating him with fists, feet, and clubs. The victim sustained serious injuries and was in a coma for ten days.
The two suspects were arrested a few days after the assault and contacted you to represent them. You have taken a strong and very public stance against gay people and same-sex marriage. You have also tried to influence Congress to repeal hate crime legislation, stating that it unfairly discriminates against some types of victims. This public stance was the main reason the two suspects contacted you to represent them.
Questions
Do you agree to represent the two suspects or turn them down? Why?
If you agree to represent the two suspects, could you separate your personal biases against gays and adequately represent them?
Do you think your public (and personal) stance on homosexuality will adversely affect the jury? If so, in what ways?
Should there be a different standard of justice on the basis of race, religious beliefs, or sexual orientation? Why or why not?
Would you use the homosexual advance theory in this case? Why or why not?
Answer:
You press charges.
Explanation:
If someone is "gay bashing" it is law to press charges.
The National Conference of Commissioners on Uniform State Laws (NCCUSL) passes a new uniform act related to texting while driving. This uniform act: a. automatically becomes the law in every state. b. becomes the law in every state that adopts the uniform act through legislative action. c. becomes a part of the United States Code, and is therefore the law of the land in every state and territory of the United States. d. becomes the law in every state that has joined the NCCUSL.
Answer:
Option B, becomes the law in every state that adopts the uniform act through legislative action.Explanation:
The National Conference of Commissioners on Uniform State Laws (NCUSL) formed in 1892 is a non-governmental body. It is rather a recommending body that may recommend laws or acts on certain subjects.
In other words, it has no direct legislative power. The purpose of NCUSL is to propose state legislatures to adopt uniform acts so that laws will be uniform throughout the states.
Therefore, though NCSUL passes a new uniform act related to texting while driving or on any other particular subject, it can come into action only after a deliberate legislative process in the states.
1. Which body parts are most protected by the head restraint in a vehicle? A. Head, hands, and neck B. Neck, spine, and torso C. Head, back, and shoulders D. Arms, shoulders, and hands
Answer:
ID GUESS B IF ANYTHING
Explanation:
LOGIC
Neck, spine, and torso are most protected by the head restraint in a vehicle
Why are head restraints used in automobiles?In addition to obstructing the rear view and providing a pleasant place to rest your head while driving, head restraints, also known as headrests, are crucial for protecting the head and neck in auto accidents and reducing the risk of whiplash. The main purpose of headrests in cars is safety; they're designed to lessen whiplash, a painful consequence of the head and neck moving backward during a rear collision.
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