Answer:
I would say a criminal act is an act in which one intends to break the law. Furthermore on that, I think a criminal state of mind is the mental justification of the law(s) one is breaking. When someone is fully aware they broke a law, they should be liable. (There are of course exceptions to both sides of that.)
A criminal act is an offense against the state that can harm or endanger others and is punishable by law. A criminal state of mind, or mens rea, refers to the intent or negligence involved in the act. Individuals are liable for their actions when they commit a criminal act with a guilty mind, and their guilt can be proven beyond a reasonable doubt.
Explanation:A criminal act refers to an action that is prohibited by the law because it can harm or endanger others. This is determined by criminal law, a system of laws that establishes minimum conduct of the individual and permits the government to punish those who violate these laws. Thus, only the government can prosecute a criminal case.
Criminal state of mind, also known as mens rea, refers to the mental state a person must be in while committing a criminal act in order for it to be considered a crime. Mens rea, a Latin term meaning 'guilty mind', plays a crucial role in determining the level of culpability in criminal proceedings.
An individual is considered liable for their actions if they fulfil two main elements: a criminal act, known as actus reus, and a criminal state of mind. In other words, the person must not only perform an illegal act, they must do so with some level of intent or negligence.
In all rule-of-law countries, the burden of proof in a criminal case rests on the prosecution, and the standard of proof is guilt beyond a reasonable doubt. Thus, a person is only convicted of a crime if the prosecution can prove their guilt without a shadow of a doubt.
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A ______________ is the official schedule of a court and the events in cases pending before a court.
Answer:
Docket
hope this helps!!
In determining whether the consideration requirement to form a contract has been satisfied, the consideration exchanged by the parties to the contract must be: a. Exchanged simultaneously by the parties. b. Legally sufficient. c. Fair and reasonable under the circumstances. d. Of approximately equal value.
Answer:
In determining whether the consideration requirement to form a contract has been satisfied, the consideration exchanged by the parties to the contract must be:
b. Legally sufficient.
A contract without consideration can be voided because it would not legally enforceable, as it must involve something valuable, curency, property, payment of money, some kind of act, a refrain or a promise from doing a legal act, for each party to provide to the other party as accorded by the contract specifics.
Explanation:
a. Exchanged simultaneously by the parties:
A promise from one party against the promise of the other party, is necessary for a consideration to be valid, but not necessarily to be exchanged simultaneously, it could be agreed to be done at some point of the events.
d. Of approximately equal value.
Elements of consideration in business law include items of value, not necessarily of approximately the equal value, offered by each of the parties involved in a contract to the other.
c. Fair and reasonable under the circumstances.
Although fair and reasonable under certain circumstances, a contract can turn into unenforceable because of those same circumstances regarding its signing, its terms and conditions, and events that happen after the signing made the contract not able to enforced by the courts.
Assume that you believe you have suffered a legally-recognizable wrong. You are considering filing a lawsuit.
What factors should you consider as you are deciding whether to pursue legal action?
Answer:
Check explanation
Explanation:
Filing a lawsuit simply means that you, as a plaintiff are taking a case to court to demand remedy for the cause of action of the the second party, the defendant.
Oh yes, we all want retribution against someone that hurt us but in the real sense, deciding to file a lawsuit is not easy because there are lot of emotions that are put into it. Nonetheless, if I am to file a lawsuit, there are certain factors I am going to consider. Few of them are enumerated below;
===>The first factor I am going to consider is FINANCE or money. In order to file a lawsuit one has to pay court dues for it, in addition to the cost of getting a lawyer or an Attorney. I am going to sit down and ask myself, ''what if the Lawsuit Cost More than what the case Worth?'
===>The second thing I am going to consider is MY CHANCE OF WINNING. Do I have evidence, or do I really have a case? These are some of the thoughts that will be going through my mind. So, I have to consider how likely am I going to win the case.
===>The third thing I am going to consider is TIME. court cases do take time, so I have to consider this too.
The __________ has held that obscenity should be determined by applying contemporary community standards rather than national standards.
A) Supreme Court of the United States.
B) British Parliament
C) Communications Decency Act of 1996
D) British Board of Film Classification
Answer:
A) Supreme Court of the United States
Explanation:
The Supreme Court of the United States has held that obscenity should be determined by applying contemporary community standards rather than national standards and Miller test was developed in a landmark case of Miller v. California to ascertain the matter in the light of contemporary community adult standards.
Governmental projects should follow the __________ rules to deliver specific deliverables, artifacts, and products.
Answer:
Project guidelines and standard
Explanation:
This is a road map and tool for selecting, identifying, planning, monitoring and evaluating projects.
The correct answer to this open question is the following.
Governmental projects should follow the guides of the project and standard rules to deliver specific deliverables, artifacts, and products.
There are always specific regulations that contractors must follow in order to participate in a special project of infrastructure. There are guidelines established by the government because public projects have to be transparent and are given to those companies that have shown they have the experience, capacity, and resources to carry the project from the beginning to the end and deliver it on time. Sometimes the standard is so hight that only specific companies can participate.
In the death penalty law of the Puritans of the Massachusetts Bay Colony, each capital crime, except conspiracy and rebellion, was accompanied by an appropriate biblical quotation as justification.A. TrueB. False
Answer:
The answer is A: true
Explanation:
It is said that Puritan law was extremely strict; men and women who did not act in accordance with the Bible were severely punished for their actions. Puritans were very religious people. They believed they were on earth to do God's work. Those who did not do "God's work" received harsh punishment.
Every time Puritans administered punishment, they felt no remorse at all because according to their beliefs, they were complying with the Old Testament, and therefore, they followed the methods of punishment the Old Testament proposed.
Procedural due process requires that any taking of a person's life, liberty, or property by government must be made equitasbly, or fairly.
true or false
Answer:
True
Explanation:
Due process clause means that the legal matters must be resolved according to established rules and principles and the individuals must be treated fairly, it applies in both criminal and civil matters.
In US it is outlined in both fifth and fourteenth Amendments to the Constitution, each of these amendment have due process clause that prohibits the government form taking any action that can take away a person's liberty, property or life without due process of law. It provides various types of protection.
The process of replacing sworn officers with non-sworn personnel for certain positions is known as __________.
a. authorization.
b. cost management.
c. effective utilization.
d. civilization.
Answer: d. civilianization.
Explanation:
Civilianization is a process which involves the replacement of sworn police into civilian staff or non-sworn police officers. The non-sworn police officers have either no police powers or may have limited police powers, they either provide administrative or specialist kind of services to the police staff and to public. The development of civilianization has been initiated in England and Wales in 1980.
Arbitration and litigation are considered much more consensual actions on the ADR.
true/false
Answer: True
Explanation:
Except for the two ADR (Alternative Dispute Resolution) methods above mediation also come in handy so one need to study the best method that suits the client.
Judges who adhere to the judicial activist philosophy believe: A. that any right not listed in the Constitution does not exist. B. they do not have the power to "invent" a new right. C. that the Constitution is a "living document." D. in preserving the original meaning of the Constitution. E. that their role is to strictly interpret the Constitution and nothing more.
Final answer:
Judges who adhere to the judicial activist philosophy believe that the Constitution is a "living document" that should be interpreted in a way that is responsive to changes in society and its needs. They are willing to substitute their policy views for the policy actions or inaction of the other branches of government.
Explanation:
Judges who adhere to the judicial activist philosophy believe that the Constitution is a "living document" and should be interpreted in a way that is responsive to changes in society and its needs. They view the Constitution as deliberately ambiguous and are willing to substitute their policy views for the policy actions or inaction of the other branches of government. This belief is often paired with loose constructionism, which means that judges interpret the Constitution in a way that allows for the creation of new rights and policies. An example of this is when the Supreme Court found a right to privacy implicit in the Constitution and used it to overturn a Connecticut law prohibiting the use of contraceptives.
Compute the correlation between amount of violent crime and each of the other variables (graduation rate, police officer wage, correctional officer wage). Which of the three would be the best predictor of amount of violent crime.
Answer:
The best predictor of violent crime is the police officer wage.
Explanation:
The police officer wage and correctional officer wage is related to the govenrment budget for security, which is calculated according to the society´s needs. In consequence, this two factors are strictly related with the amount of violent crime in the city, in particular, the police officer wage because this person works directly with the society.
The graduation rate, on the other hand may vary for other several reasons rather crime such as lack of capital, personal reasons, family, etc.
A person who detains someone for shoplifting can be liable for false imprisonment if the detainee is held for an unreasonable time.
what information is required in section l of the solicitation for an oral presentation
Answer:
Information on areas such as offeror's capability, Past performance, work plans, staffing resources, transition plans
Explanation:
The information required for an oral presentation are found in Federal Acquisition Regulation (FAR). The oral presentation process are put together as a source-selection method in which the capability and the qualification of the offeror are being evaluated to know if they understand what is required of them to perform. The offeror’s technical team would also be observed by the evaluation team to know how they work together. The offeror’s work plans and their transition plans are also looked at.
What is the main reason that a state wants to attract businesses?
Answer: To benefit its economy and provide employment for its residents
In 1791, John was committed to an asylum in the United States. Which treatment was he likely to experience there?
Answer: Option B -- Bloodletting
Explanation:
Bloodletting has been in existence since over two thousand years ago. It's the widely known and used procedure by surgeon and physician as at then. It can be defined as the method of removing or withdrawing blood from patient's body in order to prevent/cure him/her from any illness or disease.
College student Lily and her roommate took someone else's coffee and doughnuts from the student union coffee shop. They were chased by a customer from the coffee shop, who was hit by a car as Lily and her roommate raced across the street.
With what offense are Lily and her roommate most likely to be charged?
a. First-degree murder
b. Second-degree murder
c. Involuntary manslaughter
d. Voluntary manslaughter
Answer:
involentary
Explanation:
they caused it to happen
Final answer:
Lily and her roommate are most likely to be charged with involuntary manslaughter because their unintentional, reckless behavior led to someone's fatal injury, without the intent or malice required for murder charges.
Explanation:
The question asks, "With what offense are Lily and her roommate most likely to be charged?" after they took someone else's coffee and doughnuts and accidentally caused a person to be hit by a car during their escape. Analyzing the circumstances, the most applicable charge would be c. Involuntary manslaughter. Involuntary manslaughter usually occurs when an individual causes death without intention due to reckless or criminal negligence. In Lily and her roommate's case, they didn't intend for anyone to get hurt; the accident resulted from their reckless behavior (running away after committing a theft), indirectly causing someone to get injured fatally.
Example charges such as first-degree murder or second-degree murder require a level of intent or malice aforethought that isn't present in this scenario. Similarly, voluntary manslaughter typically involves a killing that happens in the "heat of the moment," after being provoked, which isn't applicable here. Therefore, given the lack of intent to cause death and the accidental nature of the victim's death arising from their reckless actions, involuntary manslaughter fits best.
Because the U.S. Constitution is vague or silent about many of the roles of state and local governments, many of the complex relationships in American federalism are governed by _____. pols 2306
The correct answer is; Judicial review.
Further Explanation:
The United States Supreme Court has to help determine the rules of the constitution since they are very vague and many times complex. Since the states rights in the constitution are vague or doesn't even mention many of them, the Supreme Court must rule on these matters. The Supreme Court must rule on the scope and limits of both the federal and state laws and/or authority.
The Supreme Court is the highest court in the U.S and they can actually overturn any action by the government as unconstitutional if they find it to be so. In addition to state and federal laws, the Supreme Court can rule on local laws if the case makes it to the court.
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In which of the following areas of the workplace is an employee most likely to have a reasonable expectation of privacy?
employee lounge
Internet use
e-mail and instant message
conference room
Answer:
INTERNET USE
Explanation:
The Supreme Court's interpretation of the existing laws _______ clear. A. was B. are C. were D. have been
The correct answer is 'was' due to the singular nature of the subject 'The Supreme Court's interpretation of the existing laws'. Hence, 'The Supreme Court's interpretation of the existing laws was clear' is the correct completion of the sentence.
Explanation:In the sentence, 'The Supreme Court's interpretation of the existing laws' is the subject. It is singular in nature, therefore, it agrees with a singular verb for proper subject-verb agreement. Hence, the correct choice is 'was'. The completed sentence should read, 'The Supreme Court's interpretation of the existing laws was clear.'
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_____ is a legal term that describes where a certain institution, such as a court or a government branch or office, is allowed to exercise power.
A. Jurisdiction
B. Apportionment
C. Gerrymandering
D. Abrogation
Answer: A. Jurisdiction
Explanation: The power or right to exercise authority over persons and things including the limits or territory within which such authority may be exercised is entailed in jurisdiction. It is also worthy to note that more than one institution may have concurrent jurisdiction as the case with federal and state institutions. In this the best place to to handle such matters (venue) is often decided based on favorability.
The Tanzimat Reforms, from which this decree is a part of, are most similar to what other governmental reform in what other country? a. The Bill of Rights in the United States of America b. The Self-Strengthening Movement of Qing China c. The Meiji Restoration in Japan d. The Napoleonic Code in France
Answer:
c. The Meiji Restoration in Japan
Explanation:
The Tanzimat Reform is a reform that was started in 1839 in the ottoman empire, it was designed to allow the people in ottoman to have the skills to run their economy and society in a modern way and also to develope technologies they will need to develope their armies.
The Meiji Restoration in Japan was started in October 23, 1868 it brought about the modernization in Japan and also their rise as one of the world's most powerful countries. The similarity between The Tanzimat Reform and The Meiji Restoration in Japan is that both brought about modernization and economy development.
The Tanzimat Reforms are most similar to the Meiji Restoration in Japan, as both sought comprehensive modernization of the state, including changes in government, education, military, and societal norms.
Explanation:The Tanzimat Reforms in the Ottoman Empire were comprehensive efforts aiming at the modernization of the state, much like several other reform movements across different nations during the 19th century. While there are aspects of the Tanzimat that may resemble the legalistic and civil nature of the Napoleonic Code in France, and the liberties enshrined in the Bill of Rights in the United States, the closest parallel in terms of overall scope and intent is the Meiji Restoration in Japan. Like the Tanzimat Reforms, the Meiji Restoration represented a period of rapid modernization and an attempt to consolidate state power, industrialize, and compete with Western powers. Both sets of reforms included changes in government structure, education systems, military organization, and societal norms.
Limits on the power of judges to make decisions include all of the following except _________.
A. the doctrine of standing.
B. maxims.
C. political factors.
D. precedents.
E. statutes.
Answer:
political factors
Explanation:
Judges do not make decisions based on political factors. The law is blind and sees no one's face, Decisions are made based on precedents, statutes , maxims etc and must be seen to be fair/just. Judges are not empowered to make decisions/judgement on political grounds. This is a dangerous factor that can lead to wide spread demonstration among citizens; thus must be avoided.
Final answer:
Judges are restricted by formal constraints such as the doctrine of standing, precedents, and statutes, but not by political factors which are not considered formal limits on judicial power.
Explanation:
Limits on the power of judges to make decisions include all of the following except political factors. Judges are bound by various formal constraints including the doctrine of standing, which requires that there must be a real controversy between adversaries, and that parties must have suffered harm. They are also guided by legal precedents, where past judicial decisions inform the current case law, stare decisis, which commands adherence to precedent, and statutes, which are laws passed by the legislature that judges must apply.
Maxims, or generally accepted principles or rules, can inform judicial reasoning but are not formal constraints like the others listed. Precedents may offer interpretive flexibility, and courts sometimes may set new ones, especially if previous ones are deemed unworkable or unjust. However, this is different from political factors, which are not formal constraints on judicial decision-making but can informally influence the larger legal and judicial landscape.
In what year did the last state switch from mandatory death penalty statutes to discretionary death penalty statutes?
Answer:
1963
Explanation:
There was a legal provision for mandatory death penalties for anyone who gets convicted of capital crime. In 1837, Tennessee becamee the first state that decided to follow another direction by providing discretionary death penalty for murder. Towards the end of the nineteenth century, over twenty jurisdictions have moved onto discretionary death penalty and in 1963, New York became the last state to do so.
What is the discriminator used by the court to determine whether proper due care and due diligence was performed by an organization?
a. best business practice
b. law of averages
c. prudent man rule
d. annualized loss expectancy calculations
Answer:
Option C is correct
Explanation:
This is a legal maxim placing restriction on allowable discretion when dealing with a clients accounts to types of investment that a prudent person seeking reasonable income would buy for himself.
A mandatory airbag law ends up raising the number of traffic fatalities if it lowers fatalities per accident from 0.05 to 0.03 while raising the number of accidents per period from 25,000 to any more than around __________________ accidents per period.
a.43,500
b.38,500
c.57,450
d.41,667
Answer:
The answer is d. 41,667 accidents.
Explanation:
The formula for evaluating the number of accidents raised period when the number of frailties is lowered, and the initial number of accidents is increased from 25,000 to X;
Where X = initial number of accidents per period × (initial frailties of accidents ÷ latest frailties of accidents)
Therefore, X = 25,000 × (0.05 ÷ 0.03) = 41,667 accidents.
The typical first main phase in response to a research misconduct allegation is called:
The inquiry
Answer:
True
Explanation:
Research misconduct can be defined as falsification, plagiarism and fabrication in research. Fabrication means making up results or data and reporting and recording them.
Inquiry is the first main phase in response to a research misconduct allegation. It is followed by investigation phase. Investigation occurs if there is sufficient evidence that indicates that misconduct has taken place.
Discuss some of the protected characteristics covered by equal employment opportunity laws and why they are important in today’s employment setting
Answer:
Explanation:
Anti-discrimination laws have been formulated to ensure that all people get equal opportunity for employment. These laws helps members of the protected classes to enjoy the job opportunities without suffering from any kind of discrimination. The job applicants from the protected classes will get opportunities like recruitment, pre-employment tests and screening, hiring, training and knowledge of employment terms, conditions and privileges. These will help the members of the protected class to gain employment in the era of competition related to job possessions.
Final answer:
Equal employment opportunity (EEO) laws protect against discrimination based on characteristics like race, sex, religion, national origin, and others, ensuring a fair and equitable work environment. The EEOC enforces these laws, promoting diversity and preventing biases in any aspect of employment. These laws are essential for fostering an inclusive culture and equal employment opportunities.
Explanation:
Equal employment opportunity (EEO) laws are crucial in today's employment setting as they protect employees and job applicants from discrimination based on several protected characteristics. These laws, primarily rooted in Title VII of the Civil Rights Act of 1964, cover a wide range of characteristics including race, color, religion, sex (which includes pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability, and genetic information. The importance of these laws in today's employment setting cannot be overstated as they ensure a fair and equitable work environment, promoting diversity and preventing biases that can lead to unequal treatment.
The U.S. Equal Employment Opportunity Commission (EEOC) plays a significant role in enforcing these laws, making it illegal for employers to discriminate in any aspect of employment. This includes hiring, firing, pay, job assignments, promotions, layoffs, training, and fringe benefits among others. Furthermore, many state laws offer protections that are similar or even more expansive than federal laws, reflecting a broad societal commitment to combating employment discrimination.
The significance of EEO laws extends beyond just legal compliance. They are vital for fostering an inclusive work culture that values diversity and equality. By protecting against discrimination, these laws help in ensuring that all individuals, regardless of their background or characteristics, have equal access to employment opportunities, contributing to a more productive and harmonious workplace.
2. What is the importance of aligning security policies, controls and procedures with regulations?
Answer:
TO ENSURE THAT ORGANIZATIONS AND INDIVIDUALS OPERATE WITHIN THE LAW.
TO GUARANTEE THE SAFETY OF INDIVIDUALS AND ORGANIZATIONS.
TO PROMOTE UNITY IN EXECUTION OF WORK.
Explanation: laws are meant to be obeyed and enforced, organizations and individuals operating in a given Country, State or County are expected to work within the ambit of the law. When the security policies, procedures, controls are aligned with regulations it helps to guarantee easy understanding and facilitates its compliance.
The safety Management program also involves the Law of the land,the alignment of policies, procedures, controls and regulations will help organisations and individuals to work or operate safely by practising the Law. It will help to prevent ACCIDENTS,SECURITY BREACH,and other possibilities which can lead to THEFT,FRAUD,LOSS OF LIFE etc.
Aligning policies, procedures, controls and regulations will ensure that every organization and individuals execute their jobs following the same set standards according to the laws guiding it, through this systems can be predictable and compliance can be achieved easily.
If one lives in the eastern U.S., the Theory of Littoral Rights will typically govern the rights of a property owner to use the water of a lake or navigable river bordering his or her property.
True-False
Answer:
TRUE
Explanation:
The littoral right, is one given to the person that owns a land that borders large lakes and oceans one can navigate. The right allows them to use the water as much as they can insofar as it does not cause harm to the neighbors that live upstream and downstream. When the owner of this property chooses to sell it, the new owner would have this right and the seller would lose the littoral rights.
Fences are an effective way of catching criminals in the act of breaking into a building
a. True
b. False
Fences are not an effective way of catching criminals in the act but can serve as deterrents.
False. Fences can deter criminals by creating a physical barrier, but they alone are not typically considered an effective way of catching criminals in the act of breaking into a building. Examples like prison design utilizing multiple barriers and security measures highlight this principle.