The institutional difference that is most likely to be cited by someone claiming that the House can pass legislation with a simple majority but the Senate is unlikely to pass legislation unless a bill has the support of a 60-vote supermajority is that the House has strict limits on debate, while the Senate allows unlimited debate. Hence, the correct option is (4).
One of the critical differences between the House and the Senate is the degree of debate permitted. Members of the House are usually allowed to engage in short, tightly controlled debates that are limited to a single topic or a small number of related topics. This allows the House to act on legislation quickly and efficiently, but it also means that there is frequently little opportunity for opposing viewpoints to be aired.
Senate rules, on the other hand, enable unlimited debate, which means that any senator can keep talking as long as they want. This ensures that every viewpoint is heard and that minority opinions are respected. It also allows senators to filibuster legislation that they disagree with, delaying its passage unless a bill has the support of a 60-vote supermajority. This is most likely the institutional difference that is the cause of this trend.
Legislative committees and Party leadership in the House are highly formalized, and Members of the House often represent a much narrower constituency than senators do.
Hence, the correct option to this answer is (4).
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holly was convicted of a crime, but her conviction has been overturned on appeal. she is convinced that she would never have been charged with the crime in the first place if her case had been handled by a different prosecutor instead of someone who already had a grudge against her. does holly have grounds for a malpractice lawsuit against the prosecuting attorney?
Yes, Holly can use a legal malpractice lawsuit but she has to prove the legal, monetary, or other negative ramifications that were caused by the negligence.
It is not enough for a legal malpractice claim to be valid to show that an attorney was just careless. Additionally, the plaintiff must demonstrate that the negligence had unfavorable consequences in terms of law, money, or other factors. A negative outcome by itself does not constitute misconduct. A breach of the professional conduct norm must have a direct causal effect on the undesirable outcome. Legal malpractice cases cost a lot to defend. The plaintiff must demonstrate severe losses as a result of the negligent act for the case to be successful. If the damages are minimal, the expense of filing the lawsuit could exceed the amount that is ultimately recovered
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congress' ability to pass laws needed to carry out its expressed powers is known as the __________ clause.
Congress' ability to pass laws needed to carry out its expressed powers is known as the "necessary and proper" clause.
The necessary and proper clause is found in Article I, Section 8, Clause 18 of the United States Constitution, which grants Congress the authority to make all laws that are necessary and proper for carrying into execution the powers specifically enumerated to it.
The exact wording of the clause states that Congress has the power "To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof."
The purpose of the necessary and proper clause is to provide Congress with the flexibility and authority to pass legislation beyond its expressly listed powers, as long as it is necessary and proper for the functioning and execution of those powers.
It serves as a constitutional basis for implied powers, allowing Congress to legislate on matters that may not be explicitly mentioned in the Constitution but are closely related to its enumerated powers.
The necessary and proper clause has been interpreted broadly by the courts, expanding Congress' authority to pass laws that enable the effective exercise of its express powers.
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What is meant by trade dilution
Answer:
this is a law order given the owner a standing order to forbid others from using the mark in a way that will lessen the beauty or priority.
4. As of 2018, how many states have a legalized death penalty for capital crimes?
A. 12
B. 30
C. 49
D. 10
27
Explanation:
in the United States, capital punishment is a legal penalty the country at federal level, in 27 States and in American Samoa
A motion for summary judgment asks a court to grant a judgment for a moving party without a trial.
1) True
2) False
Answer:
true
Explanation:
A statement releasing one of the parties to an agreement from all liability, regardless of who is at fault or what the injury suffered is, would be referred to:______
a. Substantive agreement
b. Adhesion agreement
c. In pari delictoagreement
d. Exculpatory
e. Res Ipsa
Answer:
d. Exculpatory
Explanation:
In legal terminology, this statement would be known as an exculpatory clause. This clause can be made in almost any case where one individual may be at fault for some kind of criminal act or negligence. Ultimately, it protects the individual in question from being blamed for what they have been accused of doing regardless of whether they did it or not. This clause is even applied in some cases to real estate in regards to who is or isn't liable for property damages.
which styles takes precedence over other stylesdefined in a in a
style sheet?
When different styles are defined in a style sheet, the cascading order determines which styles take precedence over other styles. In general, the most specific styles take precedence over more general styles.
In the cascading order, inline styles have the highest precedence, followed by styles defined in the internal style sheet and then styles defined in the external style sheet.The order of specificity is determined by the number of selectors in each rule. For example, a style defined for a specific element using an ID selector has a higher specificity than a style defined for all elements of a certain type using a class selector.
Styles defined later in the style sheet take precedence over styles defined earlier. This is known as the “last declaration wins” rule, and it can be overridden by using the !important keyword with a style declaration. When this keyword is used, the style is given the highest possible precedence and overrides any other style declarations for that element.
However, it is generally recommended to avoid using the !important keyword unless absolutely necessary to prevent issues with maintainability and readability of the code.
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A FELONY crime is generally considered to be: A. A Misdemeanor.B. A Major Crime.C. An InfractionD. A Mistake.
Answer:
B - Major Crime
Explanation:
Misdemeanors are minor crimes. For example, a misdemeanor is stealing something with a value of less than 1000$. An infraction is a general breaking of rules or laws. A mistake is defined as an action or judgment that is wrong.
Members of Congress_____
a bill when they want to recommend it
Members of Congress sponsor a bill when they want to recommend it.
How do Members of Congress recommend a bill?In order to recommend a bill to the House of Congress that the Member of Congress is in, the Member of Congress will have to act as a sponsor to the bill.
This means that they are the ones that will present the bill to the House for considered on voting for it to become law. For instance, if a Senator is the one that proposes a bill, that Senator will be the Bill's sponsor in the Senate.
In conclusion, a Member of Congress will sponsor a bill to recommend it.
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Which of the following statements best describes businesses that give
attention to CSR ideals?
O A. Profit never negatively impacts a business's ability to implement
CSR practices.
O B. Profit is the only true reason to implement CSR policies, as doing
so will always make a business more profitable.
C. If a business is concerned with profit, it will never do what it
should in regards to CSR practices.
D. Every business wants to make a profit, but those that adhere to
CSR principles also focus on areas besides just profits.
SUBMIT
Answer: D. Every business to make a profit, but those that adhere to CSR principles also focus on areas besides just profits
Explanation:
White Chocolate Chunk Pecan Cookies
INGREDIENTS
1 1/4 cups all-purpose flour
1/2 cup unsalted butter
1/2 teaspoon baking powder
1/2 teaspoon salt
1/2 cup white sugar
1/4 cup packed brown sugar
1 egg
1 teaspoon vanilla extract
1/2 cup chopped white chocolate
1/3 cup chopped pecans
DIRECTIONS
Blend sugar and butter together until smooth and creamy. Add the egg and vanilla; blend well.
Sift together the flour, salt, and baking powder; combine these ingredients with the creamed mixture. Add chopped white chocolate and nuts.
Spoon dough out onto a cookie sheet. Bake at 375 degrees F (190 degrees C) for about 5 to 10 minutes, or until golden brown on the bottom. Let cool slightly on the cookie sheet before removing, or they'll break.
What was the author's purpose for writing this passage?
A.
to inform readers of the proper way to eat cookies
B.
to entertain readers with a tale of two cookies
C.
to persuade readers that white chocolate is better
D.
to provide instructions on how to bake cookies
Based on the above statement regarding the development of nationalism, how thus, it contributes to our present situation?
Nationalism is an idea and movement that holds that the nation should be congruent with the state. As a movement, nationalism tends to promote the interests of a particular nation (as in a group of people), especially with the aim of gaining and maintaining the nation's sovereignty (self-governance) over its homeland.
Nationalism is the belief that your own country is better than all others. Sometimes nationalism makes people not want to work with other countries to solve shared problems. Patriotism is a healthy pride in your country that brings about feelings of loyalty and a desire to help other citizens.
the plaintiff brought his car to a mechanic for a tune-up. during the tune-up, the mechanic removed the fuse for the brake lights and inadvertently failed to replace it, causing the lights to stop working. as the plaintiff was driving his car home from the mechanic, he was involved in an accident. the plaintiff, seeing a friend walking along the road, slammed on his brakes to give the friend a ride. the defendant, who was driving the car behind the plaintiff, hit the plaintiff. the plaintiff sustained severe whiplash from the accident and has sued the defendant and the mechanic. at trial, the jury determined that the plaintiff's damages were $10,000 and that the defendant was 50% at fault, the mechanic was 25% at fault, and the plaintiff was 25% at fault. the jurisdiction recognizes pure several liability and partial comparative negligence. how much can the plaintiff collect from the defendant?
Answer:
100,000USD
Explanation:
what are common work contexts for Farmworkers and Laborers, Crop? Check all that apply.
outdoors, exposed to weather
exposed to disease or infections
spend time using hands to handle objects, tools, or controls
spend time climbing ladders, scaffolds, or poles
exposed to contaminants
Answer: Duties may include tilling soil and applying fertilizers; transplanting, weeding, thinning, or pruning crops; applying pesticides; or cleaning, grading, sorting, packing, and loading harvested products. May construct trellises, repair fences and farm buildings, or participate in irrigation activities.
Job Zone Examples: These occupations involve ...
Education: Some of these occupations may re...
Explanation:
Answer:
A, C, E
1, 3, 5
Explanation:
this won't help you author of this question, but it will people using edge in 2022
WILL MARK BRAINLIEST!!! 100 POINTS!!! For this project, you have the opportunity to be the author and write brief newspaper articles based on the torts discussed in this lesson: strict liability, products liability, misrepresentation of a product, and public and private nuisance. In the article you write, include some points about the defenses and remedies available for each tort. This exercise should be at least two to three paragraphs per tort (about 800 words in length total).
Answer:
Manufacturers are used to defending strict product liability actions when plaintiffs claim that their products are defective. But in the opioid litigation, plaintiffs have filed something else: more than 2,500 public nuisance cases so far.
Governmental entities across the country are filing suits alleging that opioid manufacturers deceptively marketed their legal, opioid-based pain medications to understate the medication’s addictive qualities and to overstate its effectiveness in treating pain. In addition, plaintiffs allege that opioid distributors failed to properly monitor how frequently the medication was prescribed and failed to stop filling prescription orders from known “pill mills.” The complaints claim that manufacturer defendants’ deceptive marketing schemes and distributor defendants’ failure to monitor led more people to become addicted to painkillers, which led to people turning to illegal opioids. The legal argument here is that the defendants’ actions in concert interfered with an alleged public right against unwarranted illness and addition. But is public nuisance law likely to be a successful avenue for prosecuting these types of mass tort claims? It has not been in the past.
This is the first of two posts that will address how plaintiffs have historically used public nuisance law to prosecute mass tort claims and how the plaintiffs in the current opioid litigation may fare.
Overview of Public Nuisance Law
In most states, a public nuisance is “an unreasonable interference with a right common to the general public.”[1] This definition is often broken down into four elements: (1) the defendant’s affirmative conduct caused (2) an unreasonable interference (3) with a right common to the general public (4) that is abatable.
Courts have interpreted these elements in different ways. For example, courts in Rhode Island and California have disagreed about when a public nuisance is abatable: the Rhode Island Supreme Court held that this element is satisfied only if the defendant had control over what caused the nuisance when the injury occurred, while the a California Court of Appeal held that the plaintiff need not prove this element at all.[2] And while the federal district court in Ohio handling the opioid multidistrict litigation (MDL) has held that the right to be free from unwarranted addiction is a public right,[3] the Supreme Court of Illinois held that the right to be “free from unreasonable jeopardy to health” is a private right and cannot be the basis of a public nuisance claim.[4]
Roots of Public Nuisance Law in Mass Tort Cases
Plaintiffs litigating mass tort cases have turned to public nuisance law over the past decades. In the 1980s and 1990s, plaintiffs unsuccessfully attempted to use it to hold asbestos manufacturers liable.[5] In one case, plaintiffs alleged that defendants created a nuisance by producing an asbestos-laced product that caused major health repercussions for a portion of the population. Plaintiffs argued that North Dakota nuisance law did not require defendants to have the asbestos-laced products within their control when the injury to the consumer occurred. Explicitly rejecting this theory, the Eighth Circuit held that North Dakota nuisance law required the defendant to have control over the product and found that defendant in the case before it did not have control over the asbestos-laced products because when the injury occurred, the products had already been distributed to consumers. The Eighth Circuit warned that broadening nuisance law to encompass these claims “would in effect totally rewrite” tort law, morphing nuisance law into “a monster that would devour in one gulp the entire law of tort.”[6]
which type of breaching relies on brute force created by tactical team members
What is ses many till me please
Answer:
Suspended Execution of Sentence
Explanation:
A Suspended Execution of Sentence (SES) involves probation WITH A CONVICTION. This means that when you enter your plea of guilty, the Court will then enter a sentence, usually involving jail time. The Court will then suspend the execution of the sentence and place you on probation for a period of time.
HELP PLEASEEEE ILL MARK BRAINLIEST !!!!!!!!!!!!!!
What would be the best illustration of how federal labor regulations protect American citizens
which can impact trade?
a. Government issues a nation-wide consumer recall for one car company to replace two million faulty brake systems in its cars and trucks.
b. EPA charges fines a regional electricity company for exceeding its EPA pollution guidelines for the year.
c. Anti-discrimination laws make it illegal to discriminate against women who apply for jobs working on an
oceanic oil rig.
d. Federal Trade Commission forces the phone company to refund one million dollars to consumers who paid
an illegal internet user fee.
Answer:
c I think
Explanation:
Describe the ways courts handle contracts for which a required license is missing.
Answer:
Is the Agreement a Contract?
In a dispute, the court must initially determine whether the agreement constitutes a contract or not. In order for an agreement to be considered a valid contract, one party must make an offer and the other party must accept it. There must be a bargained for exchange of promises, meaning that something of value must be given in return for a promise. In addition, the terms of a contract must be sufficiently defined for a court to enforce them.
Enforcement and Contract Defenses
If a court determines that a contract exists, it must decide whether that contract should be enforced. There are a number of reasons why a court might not enforce a contract, called defenses to the contract, which are designed to protect people from unfairness in the bargaining process, or in the substance of the contract itself.
If there is a valid defense to a contract, it may be voidable, meaning the party to the contract who was the victim of the unfairness may be able to cancel or revoke the contract. In some instances, the unfairness is so extreme that the contract is considered void, in other words, a court will declare that no contract was ever formed. What are some of the reasons a court might refuse to enforce a contract?
1. Capacity to Contract
In order to be bound by a contract, a person must have the legal ability to form a contract in the first place, called capacity to contract. A person who is unable, due to age or mental impairment, to understand what she is doing when she signs a contract may lack capacity to contract. For example, a person under legal guardianship due to a mental defect completely lacks the capacity to contract. Any contract signed by that person is void.
A minor generally cannot form an enforceable contract. A contract entered into by a minor may be canceled by the minor or their guardian. After reaching the age of majority (18 in most states), a person still has a reasonable period of time to cancel a contract entered into as a minor. If the contract is not canceled within a reasonable period of time, it will be considered ratified, making it binding and enforceable.
Courts are usually not very sympathetic to people who claim they were intoxicated when they signed a contract. Generally a court will only allow the contract to be voided if the other party to the contract knew about the intoxication and took advantage of the person, or if the person was somehow involuntarily drugged.
2. Undue Influence, Duress, Misrepresentation
Coercion, threats, false statements, or improper persuasion by one party to a contract can void the contract. The defenses of duress, misrepresentation, and undue influence address these situations:
Duress: A party must show that assent or agreement to the contract was induced by a serious threat of unlawful or wrongful action, and that she had no reasonable alternative but to agree to the contract.
Undue Influence: Undue influence is often defined as unfair persuasion by a person who, because of his or her relation to the victim, is justifiably assumed by the victim to be one who will not act in a manner that is inconsistent with the victim's welfare.
Misrepresentation: A misrepresentation may be a false statement of fact; the deliberate withholding of information which a party has a duty to disclose; or an action that conceals a fact.
3. Unconscionability
The unconscionability defense is concerned with the fairness of both the process of contract formation and the substantive terms of the contract. When the terms of a contract are oppressive or when the bargaining process or resulting terms shock the conscience of the court, the court may strike down the contract as unconscionable.
A court will look at a number of factors in determining if a contract is unconscionable. If there is a gross inequality of bargaining power, so the weaker party to the contract has no meaningful choice as to the terms, and the resulting contract is unreasonably favorable to the stronger party, there may be a valid claim of unconscionability. A court will also look at whether one party is uneducated or illiterate, whether that party had the opportunity to ask questions or consult an attorney, and whether the price of the goods or services under the contract is excessive.
4. Public Policy and Illegality
Rather than protecting the parties to a contract as other contract defenses do, the defenses of illegality and violation of public policy seek to protect the public welfare and the integrity of the courts by refusing to enforce certain types of contracts. Contracts to engage in illegal or immoral conduct would not be enforced by the courts.
What is the name of the agreement or plan of government which contains rules to help the colonists live together peacefully
Answer:
The colonists had no intention of declaring their independence from England when they signed the Mayflower Compact.
Explanation:
Briefly discuss how to apply for a patent in the Philippines?
Answer: first you have to fill out 3 copies of the Patent Application Form
than you have to Attach the following:
Specification and description of the patent:
a. The Title
b. A brief statement of its nature and purposes
c. Brief explanation of the drawings, if any
d. Complete and detailed enabling description
e. Distinct and explicit claim or claims which the applicant seeks to be protected
f. Abstract of the invention
2. Drawings of the invention
Submit the documents & pay the following fees at the IPOPHL cashier.than you have to
Compare and contrast the legal concepts of Due Process of Law and Equal Protection under the Law.
Answer:
The equal protection clause prevents the state government from enacting criminal laws that discriminate in an unreasonable and unjustified manner. The Fifth Amendment due process clause prohibits the federal government from discrimination if the discrimination is so unjustifiable that it violates due process of law.
Explanation:
E=mc cubed, true or false?
Answer: false
Explanation:
Answer:
FALSE
Explanation:
I think but I'm not sure
Explain the Rule of Law and explain its development on the American legal, political, and governmental system.
Answer:
The idea that those who govern must follow the laws; no one is above the law.
Explanation:
The Rule of Law has a huge impact on our government officials and institutions, from how they are held accountable (responsible) to how decisions are made to how laws are enforced! The Rule of Law protects us from tyranny (corrupt government) and is the foundation of liberty!
The Frontline Child Care Portal has information pages for which groups?
Answer:
The website offers information for frontline employees who need child care, including information on eligibility for financial assistance to cover child care costs; employers whose employees need child care; and child care providers who would like to offer child care to frontline workers.
Which type of country is most likely to use its investment laws to acquire appropriate technology?
Answer:
Less developed countries
How can experts match a bullet to a specific make or model of gun?
An agent's duty of accounting includes all of the following except
Answer:
intermingling the principal's funds or property with the agent's own accounts or possessions.
Explanation:
the forensic nurse examiner is evaluating a defendant for legal sanity. what finding does little to help the nurse determine legal sanity of the defendant
The finding that does little to help the nurse determine the legal sanity of the defendant is The defendant's emotional state is anxious or fearful.
What is the role of forensic nursing?
Forensic nursing is a medical specialty that encompasses a wide range of healthcare roles. These nurses assess and treat victims of violent and criminal acts. They serve as liaisons between the criminal justice system and healthcare providers. The role of the forensic nurse examiner is to assess the medical needs of victims of violence and provide evidence for legal cases.
This is accomplished by gathering medical data and other evidence and presenting it to legal authorities. The forensic nurse examiner assesses the mental state of victims as well as defendants in a case to help determine the circumstances surrounding the event.
What is legal sanity?
The ability of an individual to understand and appreciate the nature and consequences of their conduct is referred to as legal sanity. In other words, legal sanity refers to a person's state of mind at the time a crime was committed. Legal sanity is an important component of criminal law since it is necessary for a person to be sane at the time of the crime to be held responsible for their actions.What finding does little to help the nurse determine legal sanity of the defendant?The defendant's emotional state is anxious or fearful is the finding that does little to help the nurse determine the legal sanity of the defendant.
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Consider your daily routine and government agencies that you may interact with as you pump gas, buy groceries, go to work or make purchases in the store or online. Locate an agency (federal, state or local) and prepare a short summary of the agency including when and why it was created as well as how you interact with it.
Answer:
One example of a government agency that I interact with on a daily basis is the Federal Trade Commission (FTC). The FTC was created in 1914 as part of the Federal Trade Commission Act, with the purpose of protecting consumers from unfair business practices, such as false advertising and monopolies.
I interact with the FTC in various ways. For example, when I make purchases online or in-store, the FTC ensures that the advertisements and marketing materials used by the companies are truthful and not misleading. The FTC also works to prevent companies from engaging in anti-competitive practices that would limit consumer choices or raise prices. Additionally, the FTC also has a role in protecting personal data and ensuring that companies implement adequate data security measures.
The FTC also provides information and resources for consumers to learn about their rights and how to protect themselves from fraud and scams. I can access these resources on the FTC's website, and I can also file a complaint with the FTC if I believe that a company has engaged in unfair or deceptive practices. The FTC also regularly takes action against companies that violate consumer protection laws and regulations, resulting in fines and penalties.