It appears that the matter of Jeneba and Valry involves contract law.
What is the Principle used here?The idea of substantial performance will be applied to provide a response to the query.
What is substantial performance?According to the doctrine of substantial performance, if one party fully complies with its contractual duties, the other party is obligated to do the same. Even though it cannot break the contract, the party who has not received full performance may be entitled to damages.
How will this be applied in the case study?Jeneba and Valry had pledged to attend the four practice days before to the performance, but they did not show up for two of them, according to the law of substantial performance in the current instance. Due to the fact that they did not fully fulfill their responsibilities, this would constitute a breach of contract on their part. They were accessible for the show and the other rehearsal days, though. They had already basically fulfilled their commitments by making themselves accessible for the remaining days, therefore Yusifu's refusal to permit them to perform would also be considered a breach of the contract.
What advice to give the parties as to their rights and liabilities?Although Jeneba and Valry could be entitled to compensation for the two lost practice days, they are unable to cancel the agreement because they have fulfilled their commitments in large part. If Yusifu declines to employ them for the remaining days of rehearsing and performing, it may also be considered a breach of contract. Therefore, it is advised that both parties reach a consensus and resolve the dispute out of court.
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what is one major role of political parties in U.S. politics
A. Breaking down partisan distinctions between citizens during campaigns
B. Making it easier for voters to identify candidates who share their values
C. Preventing voters from learning about candidates policy preferences
D. pushing voters to select candidates based on their merit rather than personality
Option (B) Making it easier for voters to identify candidates who share their values.
Explanation:The United States in 1800 became the first nation to develop nascent political parties organised on a national basis to accomplish the transfer of executive power from one faction to another via an election. The development and expansion of political parties that followed was closely linked to the broadening of voting rights. In the early days of the republic, only male property owners could vote, but that restriction began to erode in the early 19th century as the result of immigration, the growth of cities and other democratizing forces, such as the westward expansion of the country. Over the decades, the right to vote was extended to ever larger numbers of the adult population as restrictions based on property ownership, race and sex were eliminated. As the electorate expanded, the political parties evolved to mobilize the growing mass of voters as the means of political control. Political parties became institutionalized to accomplish this essential task. Thus, parties in America emerged as a part of democratic expansion, and, beginning in the 1830s, they became firmly established and powerful.
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Hope my answer helps you:)What is the core assumption or presupposition of utilitarianism?
A. social contract
B. pendulum shifts
C. deterrence and incapacitation
D. the exercise of power
The core assumption or presupposition of utilitarianism is A. social contract
What is the core assumption or presupposition of utilitarianismThe core assumption or presupposition of utilitarianism is that the moral value of an action should be judged based on its ability to maximize overall happiness or pleasure and minimize overall suffering or pain for the greatest number of people affected by the action.
This is often referred to as the principle of utility, which is the foundation of utilitarianism. Utilitarianism is a consequentialist ethical theory, which means that it judges the morality of actions based on their consequences.
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Questions 21-25- Choose the vocabulary word that matches the description below.
A= Spatter
B= Spines
C=Satellite
D= Passive
E- Transfer
21. Patterns created when a bloody object comes in contact with another surface; also called contact patterns. 22. Type of blood stain created by the force of gravity which creates drops or blood pools. 23. Bloodstains created by the application of force to the area where the blood originated. 24. The pointed edges of a stain that radiate out form the spatter; can help determine the direction from which the blood traveled. 25. Small drops of blood that break off from the parent spatter when the blood droplet hits a surface.
1. Spatter: The patterns created when a bloody object comes in contact with another surface; also called contact patterns.
2. Passive: The type of blood stain created by the force of gravity which creates drops or blood pools.
3. Transfer: The bloodstains created by the application of force to the area where the blood originated.
4. Spines: The pointed edges of a stain that radiate out form the spatter; can help determine the direction from which the blood traveled.
5. Satellite: Small drops of blood that break off from the parent spatter when the blood droplet hits a surface.
What does vocabulary word means?A vocabulary word refers to any individual word in a language that a person knows and uses for communication. Vocabulary is an essential component of language acquisition and communication, as it enables individuals to express their ideas and thoughts more accurately and effectively.
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a trial court is similar to an appeals court in what way? group of answer choices both have juries. both hear questions of fact. both are judicial and form case law. both hear testimony.
A trial court is similar to an appeals court as c. both are judicial bodies and form case law.
An appeals court and a district court are both legal institutions that create case law. The other choices, though, may not apply to both district judges and appeals courts. Trial courts do not always have jurors; some cases may be resolved solely by the judge. The jury system is absent from appeals courts, which only examine the judgements rendered by subordinate courts.
Trial courts typically hear questions of fact and reach preliminary conclusions based on the evidence provided, whereas appeals courts typically concentrate on legal issues and assess the rulings rendered by the lesser court. Trial courts and appeals courts both receive evidence, though the intent and reach of the testimony may vary depending on the court.
Complete Question:
A trial court is similar to an appeals court in what way?
a. both have juries.
b. both hear questions of fact.
c. both are judicial and form case law.
d. both hear testimony.
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Biological theories suffer from what major weakness?
A. reification
B. speciesism
C. tautology
D. lack of parsimony
The main flaw of tautology, which arises when a theory utilises a concept to explain a reality but that concept is also defined by the thing being explained, is that it undermines biological hypotheses.
What is the biological theory's central idea?With a focus on the conceptual unification provided by evolutionary and developmental approaches, the journal Biological Theory is devoted to theoretical developments in the disciplines of evolution and cognition.
What is the theory of biological positivism?According to the biological positivist idea, a person's traits and actions, which make up their hereditary disposition, are what make them criminals. According to biological positivism, some people are born criminals and some people are not.
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What does "proof" mean?
Answer:
In the context of law, "proof" refers to the evidence presented to support a claim or assertion, and the level of certainty that the evidence establishes. The proof is used to convince a judge or jury that a particular fact or proposition is true and to satisfy the burden of proof required to establish a legal claim or defense.
Answer:
Explanation:
Proof is defined as twice the alcohol (ethanol) content by volume. For example, a whisky with 50% alcohol is 100-proof whiskey
5. the volunteer protection act provides volunteer coaches immunity from lawsuits in cases of gross negligence. a. true b. false
The statement is true. The Volunteer Protection Act (VPA) of 1997 provides immunity from certain types of lawsuits to volunteers who work for nonprofit organizations or governmental entities, including volunteer coaches.
Specifically, the VPA protects volunteers from liability for harm caused by their acts or omissions that are the result of simple negligence while performing their duties as volunteers.
The VPA also provides immunity for harm caused by the volunteer's conduct that constitutes "willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious, flagrant indifference to the rights or safety of the individual harmed by the volunteer."
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Should attorneys disclose information given them by their clients concerning participation in earlier unsolved crimes?
Answer:
The legal ethics surrounding the disclosure of information given to attorneys by their clients is a complex issue, and there is no one-size-fits-all answer. However, in general, attorneys have a duty to maintain confidentiality and protect the interests of their clients. This means that they should not disclose information that their clients have provided to them, unless they have been given explicit permission to do so.
However, in situations where the information provided by the client involves the commission of a past unsolved crime, attorneys may face conflicting obligations. On the one hand, they have a duty to maintain confidentiality and protect the interests of their clients. On the other hand, they have a duty to uphold the law and protect public safety.
Ultimately, the decision to disclose information about a past unsolved crime should be made on a case-by-case basis, taking into account all relevant legal and ethical considerations. Attorneys should consider the potential risks and benefits of disclosure, as well as the potential consequences for their clients, before making any decisions about whether to disclose such information.
Explanation:
For each of the following five cases, please state 1) whether the case is criminal or civil in nature, and 2) which court has jurisdiction in the case: 2.1 Obakeng, the founder of a social media network heads the unlawful operation of releasing the users’ data to third party companies for profit. The users decided to sue the social media network company as a result of this. The claim was to the value of R850 000. 2.2 Anna has been married to Tom for 15 years and they have 3 children together. They decide to get a divorce as a result of Anna committing adultery. Tom issues summons and Anna disputes the settlement agreement. 2.3 Cindy attended a soccer match one day and met up with a classmate John after to have some lunch, John had too much to drink and attempted to sexually assault Cindy against her consent. 2.4 Neo got accepted into the chess team and Arnold did not, Arnold was jealous of Neo and punched him in the face outside the school property. 2.5 Jacob the father of baby Kekana, was not awarded custody over him. He fetched him after school and never returned him to his mother Lerato. Lerato called the police and reported Kekana missing.
2.1 - Civil case, the court with jurisdiction would depend on the location where the lawsuit was filed and the laws of that jurisdiction.
2.2 - Civil case, the court with jurisdiction would depend on the location where the divorce was filed and the laws of that jurisdiction.
2.3 - Criminal case, the court with jurisdiction would be the criminal court in the jurisdiction where the assault occurred.
2.4 - Criminal case, the court with jurisdiction would be the criminal court in the jurisdiction where the assault occurred.
2.5 - Criminal case, the court with jurisdiction would be the criminal court in the jurisdiction where the child was taken.
How can we reduce the backlog of criminal cases? Explain.
There are several ways to reduce the backlog of criminal cases, including:
Increase funding and resources for the justice system: Additional funding can be used to hire more judges, prosecutors, public defenders, and court staff, and to provide technology and infrastructure upgrades to help streamline processes.
Implement alternative dispute resolution programs: Alternative dispute resolution programs, such as mediation and arbitration, can help reduce the number of cases that go to trial, freeing up resources to focus on more complex cases.
Improve case management and scheduling: Better case management practices can help courts move cases through the system more efficiently. This can include better scheduling of hearings and trials, streamlining administrative processes, and using technology to manage and track case information.
Expand plea bargaining options: Plea bargaining can be an effective way to reduce the number of cases that go to trial. By expanding the range of plea bargaining options available to defendants, prosecutors, and judges, more cases can be resolved quickly and efficiently.
Implement specialized courts: Specialized courts, such as drug courts, mental health courts, and domestic violence courts, can help address specific types of cases more efficiently and effectively than traditional courts.
Increase access to legal services: Many defendants cannot afford legal representation, which can contribute to case backlogs. By increasing access to legal services, such as through public defenders or pro bono programs, defendants can receive legal assistance and representation, which can help cases move more efficiently through the system.
Overall, reducing the backlog of criminal cases requires a multifaceted approach that involves increasing resources, improving processes, and implementing new programs and practices to help move cases through the system more efficiently.
Which criminologist said that “discontent where there is no political solution leads to crime”?
A. Sandra Walklate
B. Nigel South
C. Stuart Hall
D. John Lea
The criminologist who said that "discontent where there is no political solution leads to crime" was Stuart Hall.
Who is a criminologistA criminologist is a social scientist who studies crime, criminal behavior, and the criminal justice system. They analyze various aspects of crime, including its causes, patterns, and effects, as well as the response to crime by law enforcement and the criminal justice system.
Criminologists may conduct research to identify and understand the factors that contribute to criminal behavior, such as social, economic, and psychological factors, and develop strategies to prevent and reduce crime.
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In the context of policing, which of the following statements is true about in-service training?
B. It is designed to provide a refresher to experienced officers on basic issues such as the use-of-force policy in a police department.
Can the police impose penalties?A senior officer may discipline him by giving him a warning if it is claimed (by a citizen or peer) that he has been disrespectful, behaved improperly, abused his authority, or neglected to perform his task.
Enforcement of economic laws and the pursuit of economic crime in India are the responsibilities of the Directorate of Enforcement (ED), a law enforcement and economic intelligence organisation. It is a component of the Ministry of Finance's Department of Revenue in India.
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Complete question:
In the context of policing, which of the following statements is true about in-service training?
A. It is the least effective training tool in communicating new state legislations or court decisions to experienced police officers.
B. It is designed to provide a refresher to experienced officers on basic issues such as the use-of-force policy in a police department.
C. It is usually given to new recruits before they join their police departments.
D. It is primarily used to weed out new recruits who underperform during their probationary period.
who this man invaded Kuwait?
a.kuwait
b. George H.W Bush
Answer:
Iraqi forces invaded and annexed Kuwait and Saddam Hussein deposed the Emir of Kuwait, Jaber Al-Sabah, he installed Ali Hassan al-Majid as the new governor of Kuwait. The Iraqi invasion and occupation of Kuwait was unanimously condemned by all major world powers.
what is the difference in statutory law and constitutional law?
Answer:
Explanation:
Statutory law and constitutional law are both important sources of law, but they have different origins, purposes, and scopes. Here are the main differences between the two:
1. Statutory law is created by legislative bodies, such as Congress or state legislatures, and is written down in statutes or codes. Constitutional law, on the other hand, derives from the Constitution and other founding documents, such as the Bill of Rights.
2. Statutory law is designed to regulate specific activities or conduct within society, such as traffic laws, criminal laws, or environmental regulations. Constitutional law, in contrast, is focused on the fundamental principles and structures of government, such as the separation of powers, individual rights, and federalism.
3. Statutory law has a narrower scope than constitutional law, as it only applies to the specific subject matter it regulates. Constitutional law, in contrast, applies to the entire system of government and has broad implications for individual rights and liberties.
4. Statutory law can be easily amended or repealed by the legislative body that created it, whereas constitutional law is much more difficult to change, as it requires the approval of a supermajority of lawmakers or a constitutional convention.
5. Statutory law is generally interpreted by the courts to determine its meaning and scope, but constitutional law is often interpreted by the Supreme Court or other high courts to establish its meaning and application.
In summary, statutory law and constitutional law serve different purposes and have different origins, scopes, amendment processes, and methods of interpretation. While statutory law regulates specific activities and conduct within society, constitutional law provides the foundational principles and structures of government and protects individual rights and liberties.
sid while driving his automobile down the street failed to observe a stop sign hitting jane who was legally crossing the street at the time. what type of tort did sid commit?
Answer:
Sid committed the tort of negligence by failing to obey a traffic signal and causing harm to Jane while she was lawfully crossing the street.
Sid committed the tort of negligence by failing to observe a stop sign and hitting Jane who was legally crossing the street at the time.
Negligence is a type of tort in which a person's failure to exercise reasonable care causes harm to another person. In this case, Sid had a duty to obey traffic laws and exercise reasonable care while driving his automobile.
By failing to observe the stop sign, he breached this duty and caused harm to Jane who was legally crossing the street. To prove negligence, Jane must show that Sid owed her a duty of care, he breached that duty, and his breach caused her harm. Since Sid failed to observe a stop sign and hit Jane, he is liable for the harm caused to her.
As a result, Jane may be entitled to compensation for her injuries and other damages caused by Sid's negligence.
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when a defendant is offered an alternative to criminal trial and a possible prison sentence, it is called a .
When a defendant is offered an alternative to criminal trial and a possible prison sentence, it is called a plea bargain.
What is a plea bargain?A plea bargain is a legal agreement between the prosecutor and the defendant in which the defendant accepts responsibility for the crime in exchange for a reduced sentence or a lesser charge.
The prosecution's main goal is to obtain a conviction in the case, but they may choose to offer a plea bargain to the defendant as a way to save time, money, and resources associated with a trial.
In a plea bargain, the defendant admits to the crime and agrees to cooperate with the prosecution. In exchange, the prosecutor agrees to reduce the charges or recommend a lighter sentence. This can result in a more lenient sentence for the defendant, as well as a quicker resolution to the case.
Plea bargains are common in the criminal justice system, and can be a valuable tool for both prosecutors and defendants.
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If your store robbed you should
If a store was just robbed and it belongs to you, you should call the police and tell them
There were no full time, paid firefighters until mid-19th century. Today, 30% of the nation’s over one million firefighters are paid and 70% receive little or no payment. Why do you think the percentages are so much greater for volunteer firefighters? In no less than 150 words.
Answer:
The predominance of volunteer firefighters in the United States can be attributed to several factors. First and foremost, firefighting has a strong tradition of community service and volunteerism, with many individuals motivated by a desire to help their neighbors and protect their communities. In many rural areas and small towns, volunteer firefighters are often the only available option due to limited budgets and resources.
Additionally, volunteer firefighting departments are often deeply embedded in their communities, with members serving for years or even decades. This longevity fosters a strong sense of camaraderie and loyalty among members, and can create a tight-knit team that is highly motivated to work together to achieve their goals.
Finally, the cost of maintaining a paid firefighting force can be prohibitive for many communities, particularly in rural areas or smaller towns. Volunteer firefighters provide an important cost-effective alternative, allowing communities to provide essential firefighting services while keeping costs under control.
While paid firefighters are an important part of many larger urban areas, volunteer firefighting departments continue to play a vital role in protecting communities across the country. Their dedication, commitment, and willingness to serve provide a critical resource for ensuring public safety and protecting property.
Explanation:
People can propose and enact state laws by gathering signatures on a petition through:
A. a referendum.
B. an initiative.
C. a recall.
D. a ballot.
People can propose and enact state laws by gathering signatures on a petition through B. an initiative.
What is an initiative ?An initiative is a process in which a proposed law or constitutional amendment is put on the ballot and submitted directly to the voters for approval or rejection.
The process begins with the submission of a petition to the relevant government body, typically the state's secretary of state. The petition must contain a certain number of signatures from registered voters, as required by state law.
Once the petition is certified, the proposed law is placed on the ballot for the next general election or a special election called specifically for that purpose.
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3. Ruth Thomas owns a home that has been pledged to First Bank and Trust to secure a mortgage debt of $180,000Ruth Thomas sells her home to John Kendall, who purchases the home and assumes the mortgage held by First Bank and Trust. John Kendall subsequently sells the home to Mark Murphy, who purchases the home subject to the First Bank and Trust loan. The First Bank and Trust loan goes into default. Can First Bank and Trust Company foreclose on the home? Can First Bank and Trust Company sue Mark Murphy for the debt? Can First Bank and Trust Company sue John Kendall for the debt? Can First Bank and Trust Company sue Ruth Thomas for the debt? In the event Ruth Thomas pays the bank in full, what remedies does she have against John Kendall or Mark Murphy or against the real property?
Mark Murphy and John Kendall may be sued for the mortgage debt and the property may be foreclosed upon by First Bank and Trust Company. Ruth Thomas cannot be sued, and state law and the purchase agreements govern her options for redress against Kendall and Murphy.
The creator of FirstBank and Trust is who?In 2018, Chicago's Byline Bank formally bought Evanston, Illinois' First Bank & Trust (FB&T), a community and commercial bank. Robert Yohanan founded FB&T in the beginning in 1995.
Which Indian handled the first bank?An Indian bank called Oudh Commercial Bank, sometimes known as Awadh Commercial Bank, was founded in Faizabad in 1881 and lasted until it failed in 1958. Being limited liable, it was India's first commercial bank.
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How did William the Conqueror’s 1066 A.D. invasion of England further the concept of law in ways still practiced today?
Responses
American law is based in part on English legal structures that combined William’s writs, Roman law, custom and practice with England’s common law.
American law is based in part on English legal structures that combined William’s writs, Roman law, custom and practice with England’s common law.
William was successful in establishing his royal authority because he was able to use many different codes in his jurisdictions.
William was successful in establishing his royal authority because he was able to use many different codes in his jurisdictions.
William was the first king to show the relevance of precedent.
William was the first king to show the relevance of precedent.
William furthered American law by addressing every crime with writs that later became warrants in American law.
Answer:William the Conqueror's 1066 invasion of England furthered the concept of law in ways still practiced today by introducing the Norman legal system to England[1][2][3]. This system was based on the idea of a centralized monarchy and a strong, uniform legal code, which helped to establish the rule of law and reduce the power of local lords[1][2]. The Norman legal system also introduced the concept of trial by jury, which is still used in many countries today[1][3]. Additionally, the invasion led to the compilation of the Domesday Book, a comprehensive survey of land ownership and taxation that helped to establish a more efficient and equitable system of taxation[1][3].
frank crutchfield was arrested for the murder of his coworker robert bell, following an argument over the use of the copy machine and the length of time it took mr. bell to complete his tasks. mr. crutchfield had previously told his coworkers of his anger toward mr. bell, but his coworkers did not take this anger seriously. at his initial hearing, mr. crutchfield pleads not guilty to the crime of murder in the first degree. what is another term for the initial hearing? group of answer choices
Another term for the initial hearing is arraignment. The defendant is brought before the court for the first time during an arraignment to hear the charges against them and to make a plea.
A formal presentation of an unlawful charging document in front of the defendant to notify them of the allegations against them is known as an arraignment. In certain states, the accused is required to make a plea in response to the arraignment; in other jurisdictions, there is no plea requirement.
Two steps are involved in the hearing process in federal courts. The original arraignment is the first step and needs to happen within 48 hours of the arrest, or 72 hours if the person was taken into custody over the weekend and can't appear before a judge until Monday. The defendant is told of the charges that will be brought against them at this point, along with his or her right to hire legal representation. The presiding magistrate also determines the level of the bail, if any. The defendant is permitted to make a plea at the post-indictment arraignment (PIA), which is the second phase.
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the sixth and seventh amendments guarantee the right to a trial by jury in criminal and civil cases, respectively. the jury is supposed to be:
The Sixth and Seventh Amendments guarantee the right to a trial by jury in criminal and civil cases, respectively. The jury is supposed to be impartial, representative, uninfluenced, and competent to ensure a fair trial.
1. Impartial: The jury members should not have any preconceived notions or biases towards the case, ensuring a fair and unbiased trial.
2. Representative: The jury should be comprised of a diverse group of individuals that represents a cross-section of the community.
3. Uninfluenced: Jurors should not be swayed by outside influences or pressures and should make their decision solely based on the evidence and testimony presented during the trial.
4. Competent: Jurors should be capable of understanding the legal issues and evidence presented in the case, enabling them to make an informed decision.
In summary, the jury should be impartial, representative, uninfluenced, and competent to ensure a fair trial in both criminal and civil cases as guaranteed by the Sixth and Seventh Amendments.
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Calculate William's maximum depreciation deduction for 2022, assuming he uses the automobile 100 percent in his business.
If William spent $30,000 on a brand-new car on January 1, 2022, and he uses it only for work, his maximum depreciation deduction for that year would be $18,000 using the MACRS depreciation method.
What regulations govern depreciation in 2022?The TCJA increased the deduction to 100% in the year that qualifying property is put into service through 2022, with a subsequent 20% reduction in the amount each year until bonus depreciation expires in 2027, barring any further action by Congress.
What is a Section 179 deduction example?For instance, if your company spends $2,800,000 on real estate, you will have exceeded the quota by $100,000. Hence, the maximum amount you can spend under Section 179 is $980,000 ($1,080,000 less $100,000). You are only permitted to deduct up to your business' net income for the year—you can't deduct more money than you made.
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Which theory most added the concept of motivation to the criminological repertoire?
A. psychological
B. social learning
C. biological
D. psychiatric/psychoanalytic
A. The psychological theory of crime is the one that has most significantly expanded the criminological vocabulary by introducing the idea of motive.
What does the psychology of crime entail?According to psychological theories of crime, individual variations in thought processes are what lead to criminal behaviour. Thoughts and feelings are regarded to be the driving forces behind a person's behaviours, according to a variety of psychological theories.
The psychological theory of crime was developed by who?Based on the research of Sigmund Freud, some of the first psychological theories of crime were developed (1856–1939). According to Freud, the "id," a vast reservoir of primal urges that require satisfaction, exists in all human beings.
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2. CHAPTER 6 (5 points)
Should soldiers in the military be prosecuted for the killing or torturing of enemies captured
in war? Include comments on the William Calley and Abu Ghraib cases in your response.
ANSWER:
Lt. William L. Calley was found guilty of premediated murder at My Lai by U.S. Army
Answer:
courts martial in 1971, following his involvement in the killing of hundreds of unarmed Vietnamese civilians, including women and children, during the Vietnam War. The atrocities committed by Calley and his platoon were a clear violation of the Geneva Conventions, which prohibit the targeting of non-combatants in war. Similarly, the Abu Ghraib prison scandal in Iraq in 2004 brought to light the brutal and inhumane treatment of Iraqi prisoners by U.S. military personnel. The photographs and videos that emerged from the prison showed detainees being subjected to physical and sexual abuse, torture, and humiliation. The actions of the soldiers involved in the Abu Ghraib scandal were a clear violation of international law and human rights. In both cases, the soldiers involved were prosecuted and faced punishment for their actions. The question of whether soldiers in the military should be prosecuted for killing or torturing enemies captured
if state laws designed to protect minors have stricter requirements than federal laws, the federal laws still prevail. true or false.
False. If state laws designed to protect minors have stricter requirements than federal laws, the state laws prevail as long as they don't conflict with federal laws or the Constitution.
If state laws have more stringent standards than federal laws, the state laws will take precedence, as long as they do not contradict the Constitution or federal law.
This is because the United States Constitution grants states certain powers, including the authority to control things such as the health, safety, and well-being of their people. If local and federal laws clash, the Supremacy Clause of the United States Constitution grants federal law priority.
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Question 1: (15 Marks)
Jim owns and operates a garden shop and landscaping business. In January 2023, he manages to procure a large number of old railway
sleepers. These sleepers are highly coveted by many gardeners for use as decorative retaining walls, borders, and garden steps. As part of a
marketing plan intending to increase customer loyalty, Jim sends a pamphlet to his regular customers telling them a special price for the
sleepers.
Special Offer!
Top quality railway sleepers for sale. Ideal for retaining walls, borders, and garden
steps. Special price of $100 for 5, while stocks last.
The weather, however, stays very mild for the time of year and Jim's landscaping business sales soar. By March sales are still high. Sam
negotiates with his supplier for another load of sleepers. Due to high demand, these sleepers are more expensive.
Jim must sell them for $100 for 3 to make the same profit. Jim does not send out a pamphlet this time; instead, he places a sign on the
sleepers in his yard that tells of the new price.
Prabal and Sonia, a newlywed couple have been saving up for landscaping their garden. They intend to enter a contest for the TV show "Home
and Garden". They relied for their budget on Jim's pamphlet. When they arrive at Jim's yard and find a sign for the new price of the sleepers
they are upset. The price would not allow them to finish their project in time for the contest. Prabal and Sonia show their pamphlet to Jim and
demand the sleepers at a lower price, that is, $100 for 15.
Required: Relying on your knowledge of the law of contract, advise Jim as to whether he is bound by the lower price. Refer to
relevant case laws, if any, in support of your answer. You do not need to consider Australian Consumer Law to form your advice.
Answer:
Based on the information provided, it appears that Jim’s pamphlet may be considered an invitation to treat rather than a legally binding offer. An invitation to treat is an expression of willingness to negotiate and invites others to make an offer. In this case, Jim’s pamphlet could be seen as an invitation for customers to come to his shop and make an offer to purchase the railway sleepers at the special price.
In the case of Partridge v Crittenden [1968], it was held that advertisements are generally considered invitations to treat rather than offers. Similarly, in the case of Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd [1953], it was held that displaying goods with a price tag in a self-service store is also considered an invitation to treat.
Therefore, Jim may not be legally bound to sell the railway sleepers at the lower price stated in the pamphlet. However, this is just general information and should not be taken as legal advice. It is recommended that Jim consults a lawyer for specific legal advice on this matter.
Explanation:
What types of DNA are found in cells?
Answer:
Explanation:
There are several types of DNA found in cells, including:
Nuclear DNA: This is the most well-known type of DNA and is found in the nucleus of eukaryotic cells. It contains the genetic instructions for the development and function of all living organisms.
Mitochondrial DNA: Mitochondrial DNA is found in the mitochondria of eukaryotic cells and is responsible for the production of energy within the cell. It is inherited exclusively from the mother.
Chloroplast DNA: Chloroplast DNA is found in the chloroplasts of plant cells and is responsible for photosynthesis. Like mitochondrial DNA, it is inherited exclusively from the mother.
Plasmid DNA: Plasmid DNA is found in bacteria and some other prokaryotic cells. It is a small, circular piece of DNA that is separate from the bacterial chromosome and can replicate independently.
Viral DNA: Viral DNA is found in viruses and is responsible for the replication of the virus within the host cell.
Each of these types of DNA plays a unique role in the function and survival of cells, and understanding their structure and function is essential for understanding the biology of life.
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state law specifies that public schools are not liable for the negligent acts of employees (such as coaches or athletic trainers). this is an example of:
State law specifying that public schools are not liable for the negligent acts of employees, such as coaches or athletic trainers, is an example of statutory immunity.
Statutory immunity is a legal concept that shields certain entities, such as government agencies or officials, from liability for certain actions or omissions. In this case, the state law provides public schools with immunity from liability for the negligent acts of their employees, specifically coaches or athletic trainers.
This means that if a student-athlete is injured due to the negligent actions of a coach or athletic trainer, the public school is not responsible for any damages that may result. Instead, the injured student-athlete would need to pursue legal action against the individual employee, who may or may not have insurance or assets to cover the damages.
Statutory immunity is intended to protect government entities from excessive liability and encourage them to continue providing important services without fear of being sued for every mistake or accident. However, it can also create situations where injured parties are unable to obtain compensation for their injuries.
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