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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kirby is found to be in breach of contract in the sale of his house to marta. kirby's contract doesn't limit marta's remedies. which of these remedies is most likely to be awarded by a court?
The most likely remedy to be awarded by a court in a breach of contract case where the contract does not limit remedies is specific performance, which requires the breaching party to fulfil the terms of the contract.
When there is a breach of contract and the contract does not restrict remedies, the most likely remedy that a judge will give is specified performance. This requires the breaching party, in this instance Kirby, to fulfil the contract's conditions, which include selling the home to Marta as promised.
Specific performance is frequently given when monetary damages would not properly recompense the non-breaching party, such as when a unique or irreplaceable object, such as a home, is involved. Other possible options include monetary losses, contract rescission or reformation.
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When you can’t determine who arrived at an intersection first yield to the vehicle ____
When you can’t determine who arrived at an intersection first yield to the vehicle on the right.
When should you yield to the vehicle on your right ?In situations where it is unclear which vehicle arrived at an intersection first, it is recommended to yield to the vehicle on the right. This is commonly known as the "right-of-way" rule, which means that the vehicle on the right has the right to proceed first.
However, if there are traffic signals or signs present at the intersection, you should follow them accordingly. It is always important to be cautious and aware of your surroundings while driving, especially at intersections where accidents are more likely to occur.
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Question 2: (15 marks)
Mike had longed to buy a new car for some years. Unfortunately, his job as a sanitation engineer did not pay very well at all, and he was unable
to afford anything more than a bicycle. However, after months of saving he had saved enough to buy a small, second-hand car. The moment he
drove out of the car yard, Mike was the proudest of all proud car owners. He was, perhaps, a little too proud. His belief in his driving skills was
misplaced.
As he came to the intersection of a major highway. Mike indicated, checked his rear-view mirror, but completely forgot to slow down. Ten metres
from the intersection he remembered, and applied his brakes with great force. The car spun out of control and collided with an electricity pole.
Jenny who was waiting for her bus near the electricity pole suffered minor injuries in the accident. Mike was slightly hurt but had been wearing
a seat belt which had prevented serious injury.
The collision with the electricity pole cut the electricity to several suburbs, with consequent inconvenience and some expense. In particular, the
Fancy Shoes factory had to shut down its operations. The shutdown lasted for two days; on the first day, the factory was without electricity. On
the second day, electricity was restored, but the manager decided to take the opportunity to carry out some urgent maintenance work.
Required: Discuss the Common law legal position of Jenny and Fancy Shoes in an action of negligence against Mike.
Under common law, negligence involves a failure to exercise reasonable care that results in harm to another person or property. In this scenario, Mike's actions leading up to the car accident demonstrate negligence, as he failed to slow down at an intersection despite indicating and checking his rear-view mirror.
What happens as a result of the incidentAs a result of the accident, Jenny suffered minor injuries. In an action of negligence against Mike, Jenny would need to demonstrate that Mike's negligence was the proximate cause of her injuries. Given the facts of the scenario, it seems likely that Mike's actions did cause the accident that led to Jenny's injuries. As such, Jenny may have a strong case against Mike for compensation for her injuries and any resulting damages.
Fancy Shoes, on the other hand, may have a more difficult case against Mike. The factory was forced to shut down for two days, resulting in inconvenience and some expense. However, in order to prove negligence on Mike's part, the factory would need to demonstrate that Mike's actions were the direct cause of the electricity outage and subsequent shutdown. It is possible that other factors, such as a problem with the electricity infrastructure, could have contributed to the outage. As such, it may be more difficult for Fancy Shoes to prove negligence on Mike's part and to claim compensation for their losses.
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Question 4
To maintain a license, providers must complete all of the following, except:
In general, the requirements for maintaining a license can vary depending on the profession, industry, and location. Therefore, it is important to refer to the specific regulations and guidelines that apply to the particular license and provider in question.
What is the license about?Note that The answer is not possible to determine without knowing the specific license or industry being referred to. The requirements for maintaining a license can vary widely depending on the field and the state or country in which the license is issued.
However, common requirements for maintaining a license may include completing continuing education or professional development courses, paying renewal fees, meeting specific performance standards, and adhering to ethical or professional standards.
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Each of the following states allows for nonpartisan election in the high court of last resort EXCEPT:
a. Michigan.
b. Minnesota.
c. Iowa.
d. Kentucky.
Answer:
I believe the answer is D Kentucky
Explanation:
helphelphelphelphelphelp
true or false: because punitive damages are not permitted under federal statutory law, a plaintiff suing for violation of section 11 of the 1933 act cannot file a concurrent common-law fraud action.
Answer:
Explanation:
False- Punitive damages may be recovered in a concurrent common-law fraud action.
The given statement because punitive damages are not permitted under federal statutory law, a plaintiff suing for violation of section 11 of the 1933 act cannot file a concurrent common-law fraud action is FALSE.
Section 11 of the Securities Act of 1933 imposes strict liability on issuers, underwriters, and other specified parties for material misstatements or omissions in a registration statement. However, it does not preempt common-law fraud claims, which require a showing of intent or recklessness.
Although federal law does not provide for punitive damages in securities cases, some state laws do. Therefore, a plaintiff may be able to recover punitive damages in a concurrent common-law fraud action filed in state court.
In fact, courts have consistently held that Section 11 does not displace common-law fraud claims, and that a plaintiff may pursue both causes of action concurrently. The plaintiff may also elect to pursue only the common-law fraud claim and waive the Section 11 claim.
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Private sector security officers are employed and utilized by a wide variety of of Government. Public and Corporates agencies. In this assianment. vou will review the associated Power Point Presentation RE Private Sector Security, to get An understandina of what agencies utilize private sector securty and now they use them
You will then write a one page report on how Govemment, Private, Cooperate Public and Indian Reservations utilize there services. DO NOT USE any of the agencies mentioned in the Power Point Presentation! Using the information you
have learned from the Power Point and from lecture, research an agency (Gov. Private, Cooperate, Public or Indian Reservation) that utilizes the services of Private Sector Security, in their business.
Answer:
The Business, Careers, and Challenges of Security and Loss Prevention
Philip P. Purpura, in Security and Loss Prevention (Sixth Edition), 2013
Regulation of the Industry
The security vocation has its share of charlatans who tarnish the industry, and, as with many types of services offered to the public, government intervention has taken the form of licensing and registration. The Task Force Report and Hallcrest Reports recommend regulation of the security industry by all states. To protect consumers, the majority of states have varied laws that regulate, through licensing and registration, contract security officer services, private investigators, polygraph and other detection-of-deception specialists, and security alarm businesses. Security consultants are generally not regulated, but consumers should verify professional memberships and certifications. Although government regulation does not guarantee that all security practitioners will perform in a satisfactory manner, it does prevent people who have criminal records from entering the profession. In the case of applicants who have lived in multiple states, their backgrounds should be checked in each jurisdiction.
Another way the industry is regulated is through local, state, and federal agencies that contract out private security services and mandate various contract requirements (e.g., education, training, and character) to enhance professionalism and competence. Certain industries are regulated by the government and require stringent security standards. For example, the U.S. Nuclear Regulatory Commission issues rules and standards that must be followed by licensees of nuclear reactors to ensure safety and security. A variety of businesses, institutions, and other organizations also issue requirements. Notably, when a contract is awarded simply to the lowest bidder, professionalism may be sacrificed.
Attempts have been made through Congress to pass a national law to regulate the security industry. In 1995, Rep. Bob Barr (R-GA) introduced H.R. 2092, The Private Security Officers Quality Assurance Act. It languished in Congress in various forms until Rep. Matthew Martinez (D-CA) introduced a similar bill. Known as the Barr-Martinez Bill, if passed, it would have provided state regulators with expedited FBI criminal background checks of prospective and newly hired security officers. The minimal training standards were struck from the bill. These would have required eight hours of training and four hours of on-the-job training for unarmed officers and an additional 15 hours for armed officers. Critics argued that states are against such a national law and state regulations are sufficient.
Finally, Congress passed the Private Security Officer Employment Authorization Act of 2004 (included in the National Intelligence Reform Act of 2004), which enables security service businesses and proprietary security organizations in all 50 states to check whether applicants have a criminal history record with the FBI, which may emanate from one or more states. (National training requirements were not included in the legislation.) This law is significant and adds strength to criminal records checks of security officer applicants. Traditional name-based searches can result in false positives (i.e., an applicant’s name is incorrectly matched to an offender’s name or similar name) and false negatives (i.e., an applicant’s name does not result in a match because the applicant is using a different name or a database was omitted from the investigation). Because applicants may use different names and other bogus identifying information, fingerprints provide increased accuracy in background investigations. Under the act, security firm access to the FBI’s Integrated Automated Fingerprint Identification System (IAFIS) also includes access to the Violent Gangs and Terrorism Organization File. Although not all security organizations are required to check these fingerprint databases for a match with their applicants, the effort and expense of doing so prevent litigation and the possibility that an applicant is a terrorist or other criminal. Cost is one of several factors that influence the extent of background investigations (Friedrick, 2005: 11).
Which government agency (or agencies) in your state regulates the private security industry? What are the requirements for contract security (“guard”) companies, private detectives, and security alarm installers? Are proprietary security organizations regulated in your state?
Procedure Title manage legal and ethical compliance
Answer:
Explanation:
The procedure for managing legal and ethical compliance is a set of guidelines and processes that organizations follow to ensure that they comply with all relevant laws, regulations, and ethical standards. The steps involved in managing legal and ethical compliance typically include:
Identify applicable laws and ethical standards: The first step in managing legal and ethical compliance is to identify all relevant laws, regulations, and ethical standards that apply to the organization and its activities. This includes federal, state, and local laws as well as industry-specific regulations and ethical guidelines.
Develop policies and procedures: Once the relevant laws and ethical standards have been identified, the organization should develop policies and procedures to ensure compliance. These policies and procedures should be documented and communicated to all employees.
Train employees: It is important to ensure that all employees are aware of the organization's legal and ethical requirements and are trained on how to comply with them. This includes training on relevant laws and regulations, as well as ethical standards and the consequences of non-compliance.
Monitor compliance: The organization should regularly monitor compliance with legal and ethical requirements, including conducting internal audits and reviews. This can help identify areas where the organization may be at risk of noncompliance and allow for corrective action to be taken.
Respond to violations: If a violation of a legal or ethical requirement is identified, the organization should take appropriate action to address the violation. This may include disciplinary action, corrective measures, or reporting the violation to relevant authorities.
Continuously improve: Finally, the organization should continuously review and improve its legal and ethical compliance program to ensure that it remains effective and up-to-date with changing laws and regulations.
By following these steps, organizations can help ensure that they comply with all relevant legal and ethical requirements, minimize the risk of noncompliance, and maintain the trust and confidence of stakeholders.
PLS MARK ME BRAINLIEST
In 100 words or more define and discuss the importance of ballistics.
Answer:
Ballistics is the science of studying the motion, behavior, and effects of projectiles, such as bullets and missiles. It is a critical area of forensic science that plays a crucial role in criminal investigations and the justice system. Ballistic analysis can be used to determine the source of a firearm, the trajectory of a bullet, and the nature and extent of injuries caused by gunshot wounds. It can also be used to match bullets or cartridge cases recovered from crime scenes to specific firearms. The importance of ballistics in criminal investigations cannot be overstated, as it provides crucial evidence that can help establish guilt or innocence and ensure that justice is served. In summary, ballistics plays a crucial role in the investigation of firearm-related crimes, providing key evidence that can be used to solve cases and bring perpetrators to justice.
Explanation:
representation level
In the field of Law, representation level refers to the level of detail or abstraction at which legal concepts and arguments are analyzed and presented.
What does adequate representation depend on?The appropriate representation level will depend on the specific legal issue and the context in which it arises. For example, when analyzing a contract, the representation level may vary from a detailed analysis of individual clauses to a more general examination of the overall agreement.
The choice of representation level can impact the effectiveness of legal arguments and the outcomes of legal cases. Therefore, lawyers must carefully consider the appropriate representation level to ensure that their arguments are persuasive and well-supported.
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How does the representation level concept relate to the field of Law?
if a party fails to perform a nonbinding promise: a.contract law will provide a remedy. b.contract law will not provide a remedy. c.the injured party must bring the case to federal court. d.the damages that can be awarded will be limited.
If a party fails to perform a non-binding promise, contract law will not provide a remedy. Thus, the correct answer is b. Contract law will not provide a remedy.
What is a non-binding promise?A non-binding promise is a promise that does not create a legal obligation or liability. It is a promise that cannot be enforced through legal proceedings, such as a lawsuit. The person who makes the non-binding promise cannot be held legally accountable if they fail to fulfill it.
When a party fails to perform a non-binding promise, contract law will not provide a remedy. This is because non-binding promises are not legally enforceable. The law cannot force someone to fulfill a promise that is not legally binding.
However, a party may be able to seek other remedies outside of contract law, such as through mediation or arbitration. But these remedies are not guaranteed, and the damages that can be awarded will be limited. Therefore, parties should be careful when making promises and should only make promises that they are sure they can fulfill.
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which supreme court case ruled that detainees in guantanamo bay are entitled to habeas corpus rights?
The Supreme Court case that ruled that detainees in Guantanamo Bay are entitled to habeas corpus rights is Boumediene v. Bush (2008).
What is the meaning of habeas corpus?Habeas corpus means the right of someone who has been arrested to be brought before a court or judge. The right is based on the idea that a person cannot be imprisoned without evidence proving their guilt. In other words, Habeas corpus is a fundamental right that ensures the detention of a person must be based on a lawful reason.
In 2008, the Supreme Court ruled on the case of Boumediene v. Bush. The case challenged the legality of military tribunals that had been established to try detainees at Guantanamo Bay. The Supreme Court ruled that the detainees were entitled to the right of habeas corpus, which meant that they had the right to challenge their detention in court.
The ruling meant that the prisoners were entitled to due process and the right to be heard in court, just like any other individual who was imprisoned. This decision was a significant victory for the detainees, as it meant that they could now seek redress for their detention in court.
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What is the core belief or central premise of classical theory?
A. positivism
B. determinism
C. free will
D. reward/punishment
Free will serves as the fundamental tenet or foundation of classical thought. According to traditional criminology, people are rational individuals with free will who can make decisions in their own best interests.
Do traditional criminologists think that persons can choose to commit crimes on their own volition?According to the traditional theory of criminology, committing a crime is a free-will decision. The pain-pleasure principle is used to make this decision; it states that people behave in ways that maximise pleasure and decrease pain.
What is the fundamental tenet of traditional criminology about offenders?In traditional criminology, the concept of free will is used to explain why criminals choose to commit crimes and why the only approach to regulate it is to dissuade criminals and make them uncomfortable .
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laws requiring that certain dangerous defendants be confined before trial for their own protection and that of the community are referred to as what type of statutes? group of answer choices
no system of federal (national) courts was created. individual states could create their own courts within their state. what was some problems with this law
The lack of a federal court system under this law led to inconsistency, lack of uniformity, difficulty in resolving interstate disputes, and challenges in enforcing national laws and protecting individual rights.
Some problems with the law that allowed individual states to create their own courts without a federal court system were:
1. Inconsistency in laws: Since each state had its own court system, different interpretations of the Constitution and laws could lead to inconsistency across states.
2. Lack of uniformity: The absence of a federal court system meant that there was no uniformity in the application of laws across the nation.
3. Difficulty in resolving interstate disputes: Without a federal court system, it was challenging to resolve disputes between states, as each state's court might favor their own state's interests.
4. Inability to enforce national laws: The lack of a federal court system made it difficult for the national government to enforce its laws consistently across all states.
5. Limited protection of individual rights: Without a federal court system to ensure the consistent interpretation and protection of individual rights, citizens' rights could vary significantly from state to state.
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How do tire treads work?
Answer:
Tire treads are designed to provide traction and grip between the tire and the road surface. The treads are the patterned grooves on the surface of the tire that come in contact with the road. They are responsible for maintaining contact with the road, which is essential for controlling the vehicle and ensuring safety while driving.
Which theory most added the concept of motivation to the criminological repertoire?
A. psychological
B. social learning
C. biological
D. psychiatric/psychoanalytic
Answer:
A. i think
Explanation:
URGENT!!!!
List four (4) costs of criminal behavior by a private security force (business costs or individual costs).
In conclusion Legal costs, Reputational costs, Financial costs, Personal costs
What are they in brief?
Legal costs: If a private security force engages in criminal behavior, the business or individuals involved may face legal costs such as fines, lawsuits, and even criminal charges.
Reputational costs: Criminal behavior by a private security force can damage the reputation of the business or individuals involved, leading to a loss of trust among customers and the community.
Financial costs: Criminal behavior may lead to loss of clients, contracts, and revenue for the business or individuals involved.
Personal costs: Criminal behavior can have personal costs for the individuals involved, including the loss of their jobs, damage to their reputation, and even imprisonment.
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bret buys a house next to a pig farm. the smell is terrible. bret sues the pig farm for damages and for the court to order them to leave. who will win?
Bret may not win the case since the pig farm is already established and may have legal rights to operate. However, it ultimately depends on the laws and regulations in the area and the evidence presented in court.
What are the laws on pig farms and damages?Bret may not be able to sue the pig farm for damages just because of the unpleasant smell. The laws and regulations regarding pig farms vary depending on the jurisdiction. In general, pig farms must comply with laws that limit their emissions and environmental impacts. If the pig farm is violating these laws, Bret may have a case.
However, even if the pig farm is not breaking any laws, Bret may still have a case if the smell is so bad that it constitutes a nuisance.
In order to prove that the pig farm is a nuisance, Bret would need to provide evidence to the court that the smell is so bad that it interferes with his ability to enjoy his property. This may include testimony from neighbors or experts, as well as evidence of attempts to mitigate the smell, such as air filters or odor control measures.
In summary, it is difficult to predict who will win in this case without more information. Bret may have a case if the pig farm is violating laws or if the smell constitutes a nuisance, but ultimately it will depend on the specific facts and evidence presented in court.
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QUESTION 2
Employers' Associations are important work place actors in
industrial relations. Discuss the statement with specific reference
to Association of Tanzanian Employers (ATE).
In the world of labour relations, employers' associations play a significant role. In discussions with trade unions, governmental agencies, and other stakeholders, they act as an employer group's collective voice and advocate for the interests of employers.
One such organisation, the Association of Tanzanian Employers (ATE), is important to the nation's labour relations. Almost 800 businesses, from both large- and small-scale sectors, are represented by ATE, which was established in 1960.
ATE works in a variety of actions to accomplish its objectives, including advocating for favourable labour laws, setting up training courses for business owners, and encouraging social interaction amongst business owners.
Moreover, ATE acts as a mediator in conflicts between employers and employees, advising and supporting its members to make sure that conflicts are settled peacefully.
In Tanzania, ATE has played a significant role in advancing respectable employment and ethical workplace procedures.
Employers' organisations like ATE are crucial workplace actors in labour relations, to sum up. They provide employers a platform to express their worries and advocate their interests in numerous venues.
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A narrative case report consists of the following elements:
Select one:
a. Introduction, reporting party/victim statement, witness
statement(s), conclusion
b. Face sheet, witness statement(s), facts of the case,
conclusion
c. Introduction, your opinion, facts of the case, suspect
statement(s), conclusion
d. Face sheet, reporting party/victim statement, witness
statement(s), your opinion, facts of the case
e. Face sheet, introduction, reporting party/victim statement,
witness statement(s), facts of the case, suspect statement(s),
conclusion
a prosecutor offers defendant jamie a deal in which jamie pleads guilty to stealing a backpack in return for time already served in jail and the promise to go into therapy. which term best describes this scenario?
The scenario described is a plea bargain, in which the defendant agrees to plead guilty to a lesser charge or sentence in exchange for certain concessions from the prosecutor.
This scenario is an example of a plea bargain. A plea bargain is a negotiated agreement between a defendant and a prosecutor in which the defendant agrees to plead guilty to a lesser charge or sentence in exchange for certain concessions from the prosecutor, such as a reduced sentence or dismissal of some charges.
In this case, the defendant is offered the opportunity to plead guilty to stealing a backpack and is promised time served in jail and the requirement to go into therapy as part of the agreement. Plea bargains are commonly used in criminal cases as a way to resolve cases without going to trial.
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Discuss why a consensual definition of law has been difficult?
Answer:
Because there are so many different view points of what the law is and its purpose in society. Therefore it is extremely difficult to give an exact definition as definitions vary from one person to the next, from one culture or country and the next.
Explanation: I had this same question on an assignment, the teacher left a checkmark on my assignment.
An Inchoate Crime is one that is "partial; unfinished;
begun, but not completed". Inchoate crimes are also
considered "incipient", meaning they often lead to Jone
or more other crimes. Inchoate crimes although not
technically completed are crimes in themselves. In
other words, a person can be convicted of an inchoate
crime even if he does not actually complete the crime
he intended to commit. One who attempts to kill
another can be found guilty of attempted murder.
Inchoate crimes include attempt, conspiracy, and
solicitation.
Question:
Explain Inchoate crimes attempt, conspiracy, and
solicitation.
Make sure to include why the system needs to punish
people for inchoate crimes?
500 word
Inchoate crimes are those that involve the attempt or intention to commit another crime, even if the person does not actually carry out the crime they intended.
What is inchoate crimes?Inchoate crimes are those that involve the attempt or intention to commit another crime, even if the person does not actually carry out the crime they intended. There are three main types of inchoate crimes: attempt, conspiracy, and solicitation.
Attempt is the most straightforward of the inchoate crimes. It occurs when an individual attempts to commit a crime, but is unable to complete it for some reason. For example, if someone tries to break into a house but is caught before they can steal anything, they could be charged with attempted burglary. The key element of an attempt crime is the intent to commit the underlying offense. In order for a person to be found guilty of an attempt crime, they must have taken a substantial step toward the commission of the crime and had the intent to commit the crime.
Conspiracy occurs when two or more people agree to commit a crime, and take some action in furtherance of that agreement. The key element of conspiracy is the agreement between two or more people to commit a crime. The crime of conspiracy is separate from any actual crime that may have been committed as a result of the agreement. For example, if two people agree to rob a bank and one of them goes through with the robbery while the other stays behind, the second person can still be charged with conspiracy to commit robbery.
Solicitation is the act of asking, encouraging, or requesting another person to commit a crime. The key element of solicitation is the intent to have someone else commit a crime on your behalf. The person who solicits the crime does not have to actually commit the crime themselves. For example, if someone hires a hitman to kill their spouse, they can be charged with solicitation of murder even if the hitman does not go through with the crime.
The system needs to punish people for inchoate crimes for several reasons. First, inchoate crimes are a way to prevent people from committing more serious crimes. By punishing people for attempt, conspiracy, and solicitation, the legal system can deter others from committing crimes in the future. Second, inchoate crimes hold people accountable for their actions even if they did not succeed in committing the crime they intended.
This helps ensure that people are held responsible for their intent to commit a crime, even if they are not successful in carrying it out. Finally, inchoate crimes can help law enforcement prevent crimes before they happen. By investigating and prosecuting inchoate crimes, law enforcement can disrupt criminal activity before it results in a completed crime.
In conclusion, inchoate crimes are crimes that involve the attempt or intention to commit another crime, even if the person does not actually carry out the crime they intended. The three main types of inchoate crimes are attempt, conspiracy, and solicitation.
The legal system needs to punish people for inchoate crimes in order to prevent future crimes, hold people accountable for their actions, and help prevent crimes before they happen.
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Forwarded
Case study: Jeneba and Valry agreed to sing
as a deoro in the free concert organized by
Yusifu, set for Dec 21to Dec 24,2022. And to
attend four (4) days of rehassal before the
performance, But the deoro fail to appear for
the two (2) rehassal days.But where available
for the two (2) rehassal days and the
performances. Yusifu,in consequencely
refuse Jeneba and Valry services for the
balance rehassal ad performances. Jeneba
and Valry sue for breach of contract.Advice
Jeneba and Valry as to their rights and
liabilities in the law of contract.
5:04 AM ✔
Forwarded
Question: (1) identify the topic where case
comes from. (2) identify the principle that will
be used to answer the question. (3) Discuss
the which you have identify. (4) Apply those
principles to the case study. (5) Advice the
parties as to their rights and liabilities
5:04 AM ✔
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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Bicycle Accidents: How Do These Accident Claims Work?
To make claims during a bicycle accidents firstly all road users must understand that they have a duty to be very careful and use the road safely and to claim for compensation, they have to prove that the accident was due to the other road users negligent and you got the injuries due their negligent
How do claims work?A claims works when a formal request is made by a policyholder to an insurance company for a compensation to cover for a loss or damages during an accidents
The insurance company will have to verify the claim to check if the accident did not occur due to negligent and then issue an approval for payment to the insured or an approved interested party on behalf of the insured.
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Review Critical Legal Thinking Case 17 on page 310 of the textbook entitled United States v. Michaels Jewelers, Inc. Using IRAC, identity the issue(s) in this case. Explain the applicable rule. Apply the facts and draw your conclusion on who will win the lawsuit. Review the case in Critical Legal Thinking Cases Case 17.6 on page 311 of the textbook entitled A. M. Knitwear v. All America, Etc. Using IRAC, which party should win and why? Why are stolen goods that are sold to a bona fide purchaser returned to the original owner, but goods that are obtained by fraud that are sold to bona fide purchasers stay with the purchasers? Explain and justify the difference.
The issues in the case are:
Case 17: United States v. Michaels Jewelers, Inc.
Issue: Whether Michaels Jewelers, Inc. violated the Tariff Act of 1930 by importing and selling jewelry containing unlawfully smuggled diamonds.
Case 17.6: A.M. Knitwear v. All America, Etc.
Issue: Whether A.M. Knitwear or All America, Etc. is entitled to possession of the goods that were stolen from A.M. Knitwear and then sold to All America, Etc.
Identifying the issue(s) in this case and explaining the applicable rule?Case 17: United States v. Michaels Jewelers, Inc.
Issue: Whether Michaels Jewelers, Inc. violated the Tariff Act of 1930 by importing and selling jewelry containing unlawfully smuggled diamonds.
Rule: The Tariff Act of 1930 prohibits the importation and sale of goods that have been smuggled into the United States. Any person who violates the Tariff Act is subject to criminal penalties.
Analysis: In this case, the government alleged that Michaels Jewelers, Inc. violated the Tariff Act by importing and selling jewelry containing unlawfully smuggled diamonds. The facts of the case suggest that the company knew or should have known that the diamonds were unlawfully smuggled into the United States. Therefore, the company may be held liable for violating the Tariff Act.
Conclusion: Based on the facts and applicable rule, it is likely that the government will win the lawsuit against Michaels Jewelers, Inc. for violating the Tariff Act.
Case 17.6: A.M. Knitwear v. All America, Etc.
Issue: Whether A.M. Knitwear or All America, Etc. is entitled to possession of the goods that were stolen from A.M. Knitwear and then sold to All America, Etc.
Rule: Stolen goods that are sold to a bona fide purchaser are returned to the original owner, while goods obtained by fraud that are sold to bona fide purchasers remain with the purchasers.
Analysis: In this case, A.M. Knitwear was the original owner of the stolen goods. All America, Etc. purchased the stolen goods in good faith from the thief. However, since the goods were stolen, A.M. Knitwear is entitled to their possession.
Conclusion: Based on the applicable rule, A.M. Knitwear should win the lawsuit and be entitled to the possession of the stolen goods. The rule recognizes the importance of deterring theft by returning stolen goods to their rightful owner, even if it means that the innocent purchaser must bear the loss. In the case of goods obtained by fraud, the rule allows the bona fide purchaser to keep the goods to avoid disrupting commerce and to incentivize them to investigate the legitimacy of the transaction before purchasing.
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roberto sued monica for injuries received in a traffic accident. if monica does not respond to the complaint and summons served within the prescribed time limit. roberto may obtain a:
If Monica does not respond to the complaint and summons served within the prescribed time limit, Roberto may obtain a default judgment.
When a defendant, in this case, Monica, fails to respond to a complaint and summons within the prescribed time limit, the plaintiff, Roberto, may request the court to enter a default judgment in his favor. A default judgment is a judgment entered by a court against a party who has failed to appear or otherwise respond to the allegations brought against them in a lawsuit.
It is a ruling in favor of the plaintiff, based solely on the defendant's failure to respond to the lawsuit. Once a default judgment is entered, the plaintiff may seek to collect the amount awarded by the court. However, it is important to note that a default judgment does not guarantee that the plaintiff will actually collect the amount awarded, as the defendant may still have options to challenge or appeal the judgment.
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seventeen years ago, susan designed a corrugated steel culvert for a rural road. her work was accepted and paid for by the county engineering department. last winter, the culvert collapsed as a loaded logging truck passed over. although there were no injuries, there was damage to the truck and roadway, and the county tried unsuccessfully to collect on susan's company's bond. the judge denied the claim on the basis that the work was done too long ago. this defense is known as
As per the above case of Susan, this defense is known as the statute of limitations. Hence, the correct option is C.
There are statutes of limitations in most jurisdictions. Defects that manifest themselves after a certain period are not actionable unless a crime or fraudulent act has been committed.
A statute of limitations is a rule established by a legislative body that specifies the longest period of time after an occurrence during which legal actions may be brought. In civil law regimes, it is also known as a prescriptive period. Although frequently going by various names and having different specifics, such periods do exist in a broad range of countries for criminal proceedings and civil law, such as contract law and property law.
Such clauses are frequently included in civil law systems' criminal and civil laws. The statute of limitations is determined by the basis for the action and may be shortened or prolonged to permit a complete and impartial trial.
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NOTE: The given question on the portal is incomplete. Here's the complete question.
QUESTION: Seventeen years ago, Susan designed a corrugated steel culvert for a rural road. Her work was accepted and paid for by the county engineering department. Last winter, the culvert collapsed as a loading logging truck passed over. Although there were no injuries, there was damage to the truck and the roadway, and the county tried unsuccessfully to collect on Susan's company's bond. The judge denied the claim on the basis that the work was done too long ago. This defense is known as:
(a) privity of contract
(b) duplicity of liability
(c) statute of limitations
(d) caveat emptor