Dataset Viewer
prompt
stringlengths 2.39k
20.2k
| answer
stringlengths 1
535
| weight
float64 0.3
0.3
⌀ |
|---|---|---|
Davis decided to kill Adams. He set out for Adams's house. Before he got there he saw Brooks, who resembled Adams. Thinking that Brooks was Adams, Davis shot at Brooks. The shot missed Brooks but wounded Case, who was some distance away. Davis had not seen Case. In a prosecution under a statute that proscribes any attempt to commit murder, the district attorney should indicate that the intended victim(s) was/were
0. Adams only.
1. Brooks only.
2. Case only.
3. Adams and Brooks
, reportedly told his friends that he was going to " pull a columbine, " though none of them took him seriously. in 2005, jeff weise, who also wore a trench coat, killed his grandfather, who was a police officer, and his girlfriend. he took his grandfather's weapon and his squad car, and drove to his former high school in red lake and murdered several students before killing himself. in an apparent reference to columbine, he asked one student if they believed in god. the perpetrator of the dawson college shooting wrote a note praising harris and klebold. convicted students brian draper and torey adamcik of pocatello high school in idaho, who murdered their classmate cassie jo stoddart, mentioned harris and klebold in their homemade videos, and were reportedly planning a " columbine - like " shooting. the perpetrator of the emsdetten school shooting praised harris in his diary. in september 2006, a student at east high school in green bay, wisconsin informed school staff of a plot to carry out a " columbine style " attack on the school. a search of the involved students'homes yielded weapons and improvised explosives. two students served time in prison for conspiracy to commit first - degree intentional homicide. a third student was given a lesser sentence for conspiracy to damage property with explosives. in a self - made video recording sent to the news media by seung - hui cho prior to his committing the virginia tech shootings, he referred to the columbine massacre as an apparent motivation. in the recording, he wore a backwards baseball cap and referred to harris and klebold as " martyrs. " adam lanza, the perpetrator of the 2012 sandy hook elementary school shooting, had " an obsession with mass murders, in particular, the april 1999 shootings at columbine high school in colorado. " in 2011, tristan van der vlis shot and killed six people in a shopping mall in alphen aan den rijn in the netherlands before taking his own life. he was obsessed with the columbine shootings. the date he chose for his attack was april 9, which was the birthday of eric harris, and he started shooting at 12 : 08 pm, the time when harris died by suicide. in june 2014, a married couple, jerad and amanda miller, shot and killed two las vegas police officers and an intervening civilian before being confronted by police. jerad miller was fatally shot by an officer while amanda miller died by
) and ( e ), " to shoot " in finnish is an intrinsically neither bound nor unbound verb since the shooting can cause the three different results of the target being killed or only wounded or not being hit. ( in english, " to shoot " with a direct object has the first two senses and requires additions such as " dead " or " and killed " to not be ambivalent, and the third sense is only possible by adding the preposition " at ". ) " to kill " would be an intrinsically bound verb, where the consequence is someone / something being dead. in the data, the morpheme " – a " is the partitive morpheme. in ( d ), the verb " shot " takes a partitive object and specifies the activities of " shooting without killing " or " shooting at but not necessarily hitting ". in ( e ), the verb takes an accusative object and denotes accomplishment of hitting and killing. hence, the difference of unboundness or boundness in the verb, whether the bear was hit ( and killed ) by the bullet or not, is reflected by the difference in the morphology of the object. the common factor between aspectual and np - related functions of the partitive case is the process of marking a verb phrase's ( vp ) unboundness. a vp has the semantic property of having either an unbounded head or unbounded argument. for example, in finnish the partitive case suffix denotes an unbound event, while the accusative case suffix denotes a bounded event. note that when translating finnish into english, the determiners could surface as " a ", " the ", " some " or numerals in both unbound and bound events. = = references = = = = see also = = english articles english determiners finnish noun cases partitive case
, battery and manslaughter are usually seen as general intent offenses while for murder, a specific intent is required. this distinction is closely related to the difference between direct and indirect intent, but not identical to it. direct intent refers to the desire to bring about a specific outcome. indirect intent is about an almost certain outcome of an action that the agent is aware of but does not actively want. for example, if ben intends to murder ann with a stone by throwing it at her through a closed window then murdering ann is a direct intent while breaking the window is an indirect intent. for most criminal offenses, to ensure a conviction, the prosecution must prove that there was intent ( or another form of mens rea ) in addition to showing that the accused physically committed the crime. there are different ways in which intent can be proved or disproved depending on the case and the type of intent involved. one way to do so is to look at previous statements by the accused to assess whether a motive was present. for example, if a female employee is accused of murdering her male boss, then her previous blog posts condemning the patriarchal society and idolizing women who killed men could be used as evidence of intent. certain forms of evidence can also be employed by the defense to show that intent was not present. for example, a person suffering from seizures could claim that, when they hit another person, they did not do so intentionally but under the effect of a seizure. if the perpetrator was intoxicated during the crime, this may be used as a defense by claiming that no specific intent was present. this is based on the idea that the defendant was mentally too impaired to form a specific intent. = = relation to other concepts = = = = = beliefs and desires = = = intentions are closely related to other mental states, like beliefs and desires. it is generally accepted that intentions involve some form of desire : the intended action is seen as good or desirable in some sense. this aspect makes it possible for intentions to motivate actions. various ways have been suggested how intentions are related to beliefs. on the one hand, it seems impossible to intend to do something one beliefs to be impossible. some accounts go even further and suggest that intentions involve the belief that one will perform the action in question. besides that, it has been suggested that beliefs are necessary for intentions to connect the behavior to the intended goal. on this view, intentions involve the belief that the intended behavior would cause the intended goal. = = = action = = = in
it is possible to convict someone of murder without the purported victim's body in evidence. however, cases of this type have historically been hard to prove, often forcing the prosecution to rely on circumstantial evidence, and in england there was for centuries a mistaken view that in the absence of a body a killer could not be tried for murder. developments in forensic science in recent decades have made it more likely that a murder conviction can be obtained even if a body has not been found. in some such cases, the resurfacing of the victim in a live state has ensured the re - trial and acquittal, or pardon, of the alleged culprit, including posthumously, such as the case of the campden wonder or the case of william jackson marion. = = history = = for centuries in england there was a mistaken view that without a body there could be no trial for murder, a misconception that arose following the campden wonder case of 1660. a local man had vanished, and after an investigation three individuals were hanged for his murder. two years later, the supposed victim appeared alive and well, telling a story of having been abducted and enslaved in turkey. the mistaken view of " no body, no murder " persisted into the 20th century ; in the case of mamie stuart, who disappeared in late 1919, her husband george shotton was not charged despite significant circumstantial evidence because her body had not been found. before the advent of dna testing, however, the discovery of a body, in a decomposing or incomplete state, would make this assumption questionable. in the case of hawley harvey crippen, hanged in 1910 for the murder of his wife cora, only fragments of the body were found in the crippens'yard, and identified from a scar. due to the body evidently having been buried after their moving in and cora's unexplained disappearance, the remains were assumed to be from her murder but in 2007, dna testing claimed the body fragments were from a dead male, raising doubts of the prosecutor's account. the english murderer john george haigh believed that dissolving a body in acid would make a murder conviction impossible. he had misinterpreted the latin legal phrase corpus delicti ( referring to the body of evidence which establishes a crime ) to mean an actual human body. but evidence of a body was presented at his 1949 trial : part of the dentures from his last victim. her dentist was able to identify
##bauchery, or for any other immoral purpose " ). many white southerners felt the women's race was more important than their status as prostitutes ; in the words of one contemporary account " [ she ] might be a fallen woman, but by god she is a white woman. " the mob that gathered to lynch the men was only dispersed by assurances of a speedy trial. a song about the case from that era : the case inspired a national movement to free the defendants. eight of them were found guilty, but the case was appealed to the alabama supreme court and then to the united states supreme court twice. in powell v. alabama the united states supreme court reversed the alabama supreme court's decision because it found that the defendants had inadequate counsel. in patterson v. alabama the united states supreme court sent the case back to alabama for retrial because the alabama supreme court's jury pool had excluded african - americans, a violation of the equal protection clause of the fourteenth amendment. five of the nine scottsboro boys were ultimately found guilty and sentenced to prison. in 2013, alabama's parole board voted to grant posthumous pardons to all of the scottsboro boys who had previously not been pardoned because their convictions had not been overturned. = = = present - day reduction in wrongful rape convictions = = = due to the use of dna profiling, wrongful rape convictions in the united states, especially of black men accused of raping white women, has dropped significantly, avoiding hundreds or thousands of wrongful convictions. = = notable cases = = = = see also = = burden of proof ( law ) centurion ministries – advocacy false allegation of child sexual abuse families advocating for campus equality ( face ) innocence project – advocacy phaedra ( mythology ) – a story of a false accusation of rape from greek mythology potiphar's wife – a story of a false accusation of rape from the hebrew bible racial hoax recovered memory therapy satanic ritual abuse = = references = = = = further reading = = belknap, joanne ( december 2010 ). " rape : too hard to report and too easy to discredit victims ". violence against women. 16 ( 12 ) : 1335 – 1344. doi : 10. 1177 / 1077801210387749. pmid 21164211. s2cid 31206244. gilmore, leigh ( 2018 - 08 - 04 ). tainted witness : why we doubt what women say about their lives. columbia
Answer:
|
Brooks only.
| null |
Davis decided to kill Adams. He set out for Adams's house. Before he got there he saw Brooks, who resembled Adams. Thinking that Brooks was Adams, Davis shot at Brooks. The shot missed Brooks but wounded Case, who was some distance away. Davis had not seen Case. In a prosecution under a statute that proscribes any attempt to commit murder, the district attorney should indicate that the intended victim(s) was/were
0. Adams only.
1. Brooks only.
2. Case only.
3. Adams and Brooks
, reportedly told his friends that he was going to " pull a columbine, " though none of them took him seriously. in 2005, jeff weise, who also wore a trench coat, killed his grandfather, who was a police officer, and his girlfriend. he took his grandfather's weapon and his squad car, and drove to his former high school in red lake and murdered several students before killing himself. in an apparent reference to columbine, he asked one student if they believed in god. the perpetrator of the dawson college shooting wrote a note praising harris and klebold. convicted students brian draper and torey adamcik of pocatello high school in idaho, who murdered their classmate cassie jo stoddart, mentioned harris and klebold in their homemade videos, and were reportedly planning a " columbine - like " shooting. the perpetrator of the emsdetten school shooting praised harris in his diary. in september 2006, a student at east high school in green bay, wisconsin informed school staff of a plot to carry out a " columbine style " attack on the school. a search of the involved students'homes yielded weapons and improvised explosives. two students served time in prison for conspiracy to commit first - degree intentional homicide. a third student was given a lesser sentence for conspiracy to damage property with explosives. in a self - made video recording sent to the news media by seung - hui cho prior to his committing the virginia tech shootings, he referred to the columbine massacre as an apparent motivation. in the recording, he wore a backwards baseball cap and referred to harris and klebold as " martyrs. " adam lanza, the perpetrator of the 2012 sandy hook elementary school shooting, had " an obsession with mass murders, in particular, the april 1999 shootings at columbine high school in colorado. " in 2011, tristan van der vlis shot and killed six people in a shopping mall in alphen aan den rijn in the netherlands before taking his own life. he was obsessed with the columbine shootings. the date he chose for his attack was april 9, which was the birthday of eric harris, and he started shooting at 12 : 08 pm, the time when harris died by suicide. in june 2014, a married couple, jerad and amanda miller, shot and killed two las vegas police officers and an intervening civilian before being confronted by police. jerad miller was fatally shot by an officer while amanda miller died by
) and ( e ), " to shoot " in finnish is an intrinsically neither bound nor unbound verb since the shooting can cause the three different results of the target being killed or only wounded or not being hit. ( in english, " to shoot " with a direct object has the first two senses and requires additions such as " dead " or " and killed " to not be ambivalent, and the third sense is only possible by adding the preposition " at ". ) " to kill " would be an intrinsically bound verb, where the consequence is someone / something being dead. in the data, the morpheme " – a " is the partitive morpheme. in ( d ), the verb " shot " takes a partitive object and specifies the activities of " shooting without killing " or " shooting at but not necessarily hitting ". in ( e ), the verb takes an accusative object and denotes accomplishment of hitting and killing. hence, the difference of unboundness or boundness in the verb, whether the bear was hit ( and killed ) by the bullet or not, is reflected by the difference in the morphology of the object. the common factor between aspectual and np - related functions of the partitive case is the process of marking a verb phrase's ( vp ) unboundness. a vp has the semantic property of having either an unbounded head or unbounded argument. for example, in finnish the partitive case suffix denotes an unbound event, while the accusative case suffix denotes a bounded event. note that when translating finnish into english, the determiners could surface as " a ", " the ", " some " or numerals in both unbound and bound events. = = references = = = = see also = = english articles english determiners finnish noun cases partitive case
, battery and manslaughter are usually seen as general intent offenses while for murder, a specific intent is required. this distinction is closely related to the difference between direct and indirect intent, but not identical to it. direct intent refers to the desire to bring about a specific outcome. indirect intent is about an almost certain outcome of an action that the agent is aware of but does not actively want. for example, if ben intends to murder ann with a stone by throwing it at her through a closed window then murdering ann is a direct intent while breaking the window is an indirect intent. for most criminal offenses, to ensure a conviction, the prosecution must prove that there was intent ( or another form of mens rea ) in addition to showing that the accused physically committed the crime. there are different ways in which intent can be proved or disproved depending on the case and the type of intent involved. one way to do so is to look at previous statements by the accused to assess whether a motive was present. for example, if a female employee is accused of murdering her male boss, then her previous blog posts condemning the patriarchal society and idolizing women who killed men could be used as evidence of intent. certain forms of evidence can also be employed by the defense to show that intent was not present. for example, a person suffering from seizures could claim that, when they hit another person, they did not do so intentionally but under the effect of a seizure. if the perpetrator was intoxicated during the crime, this may be used as a defense by claiming that no specific intent was present. this is based on the idea that the defendant was mentally too impaired to form a specific intent. = = relation to other concepts = = = = = beliefs and desires = = = intentions are closely related to other mental states, like beliefs and desires. it is generally accepted that intentions involve some form of desire : the intended action is seen as good or desirable in some sense. this aspect makes it possible for intentions to motivate actions. various ways have been suggested how intentions are related to beliefs. on the one hand, it seems impossible to intend to do something one beliefs to be impossible. some accounts go even further and suggest that intentions involve the belief that one will perform the action in question. besides that, it has been suggested that beliefs are necessary for intentions to connect the behavior to the intended goal. on this view, intentions involve the belief that the intended behavior would cause the intended goal. = = = action = = = in
it is possible to convict someone of murder without the purported victim's body in evidence. however, cases of this type have historically been hard to prove, often forcing the prosecution to rely on circumstantial evidence, and in england there was for centuries a mistaken view that in the absence of a body a killer could not be tried for murder. developments in forensic science in recent decades have made it more likely that a murder conviction can be obtained even if a body has not been found. in some such cases, the resurfacing of the victim in a live state has ensured the re - trial and acquittal, or pardon, of the alleged culprit, including posthumously, such as the case of the campden wonder or the case of william jackson marion. = = history = = for centuries in england there was a mistaken view that without a body there could be no trial for murder, a misconception that arose following the campden wonder case of 1660. a local man had vanished, and after an investigation three individuals were hanged for his murder. two years later, the supposed victim appeared alive and well, telling a story of having been abducted and enslaved in turkey. the mistaken view of " no body, no murder " persisted into the 20th century ; in the case of mamie stuart, who disappeared in late 1919, her husband george shotton was not charged despite significant circumstantial evidence because her body had not been found. before the advent of dna testing, however, the discovery of a body, in a decomposing or incomplete state, would make this assumption questionable. in the case of hawley harvey crippen, hanged in 1910 for the murder of his wife cora, only fragments of the body were found in the crippens'yard, and identified from a scar. due to the body evidently having been buried after their moving in and cora's unexplained disappearance, the remains were assumed to be from her murder but in 2007, dna testing claimed the body fragments were from a dead male, raising doubts of the prosecutor's account. the english murderer john george haigh believed that dissolving a body in acid would make a murder conviction impossible. he had misinterpreted the latin legal phrase corpus delicti ( referring to the body of evidence which establishes a crime ) to mean an actual human body. but evidence of a body was presented at his 1949 trial : part of the dentures from his last victim. her dentist was able to identify
##bauchery, or for any other immoral purpose " ). many white southerners felt the women's race was more important than their status as prostitutes ; in the words of one contemporary account " [ she ] might be a fallen woman, but by god she is a white woman. " the mob that gathered to lynch the men was only dispersed by assurances of a speedy trial. a song about the case from that era : the case inspired a national movement to free the defendants. eight of them were found guilty, but the case was appealed to the alabama supreme court and then to the united states supreme court twice. in powell v. alabama the united states supreme court reversed the alabama supreme court's decision because it found that the defendants had inadequate counsel. in patterson v. alabama the united states supreme court sent the case back to alabama for retrial because the alabama supreme court's jury pool had excluded african - americans, a violation of the equal protection clause of the fourteenth amendment. five of the nine scottsboro boys were ultimately found guilty and sentenced to prison. in 2013, alabama's parole board voted to grant posthumous pardons to all of the scottsboro boys who had previously not been pardoned because their convictions had not been overturned. = = = present - day reduction in wrongful rape convictions = = = due to the use of dna profiling, wrongful rape convictions in the united states, especially of black men accused of raping white women, has dropped significantly, avoiding hundreds or thousands of wrongful convictions. = = notable cases = = = = see also = = burden of proof ( law ) centurion ministries – advocacy false allegation of child sexual abuse families advocating for campus equality ( face ) innocence project – advocacy phaedra ( mythology ) – a story of a false accusation of rape from greek mythology potiphar's wife – a story of a false accusation of rape from the hebrew bible racial hoax recovered memory therapy satanic ritual abuse = = references = = = = further reading = = belknap, joanne ( december 2010 ). " rape : too hard to report and too easy to discredit victims ". violence against women. 16 ( 12 ) : 1335 – 1344. doi : 10. 1177 / 1077801210387749. pmid 21164211. s2cid 31206244. gilmore, leigh ( 2018 - 08 - 04 ). tainted witness : why we doubt what women say about their lives. columbia
Answer:
|
Case only.
| 0.3 |
A state statute requires any person licensed to sell prescription drugs to file with the State Board of Health a report listing the types and amounts of such drugs sold if his or her sales of such drugs exceed $50,000 during a calendar year. The statute makes it a misdemeanor to "knowingly fail to file" such a report. Nelson, who is licensed to sell prescription drugs, sold $63,000 worth of prescription drugs during 1976 but did not file the report. Charged with committing the misdemeanor, Nelson testifies that he did a very poor job of keeping records and did not realize that his sales of prescription drugs had exceeded $50,000. If the jury believes Nelson, he should be found
0. guilty, because this is a public welfare offense.
1. guilty, because he cannot be excused on the basis of his own failure to keep proper records.
2. not guilty, because the statute punishes omissions and he was not given fair warning of his duty to act.
3. not guilty, because he was not aware of the value of the drugs he had sold
programs such as medicare in the united states or equivalent state programs for financial gain to a pharmaceutical company. there are several different schemes used to defraud the health care system which are particular to the pharmaceutical industry. these include : good manufacturing practice ( gmp ) violations, off label marketing, best price fraud, cme fraud, medicaid price reporting, and manufactured compound drugs. the federal bureau of investigation ( fbi ) estimates that health care fraud costs american taxpayers $ 60 billion a year. of this amount $ 2. 5 billion was recovered through false claims act cases in fy 2010. examples of fraud cases include the pfizer $ 2. 3 billion settlement and merck $ 650 million settlement. damages from fraud can be recovered by use of the false claims act, most commonly under the qui tam provisions which rewards an individual for being a " whistleblower ", or relator ( law ). antipsychotic drugs are now the top - selling class of pharmaceuticals in america, generating annual revenue of about $ 14. 6 billion. every major company selling the drugs — bristol - myers squibb, eli lilly, pfizer, astrazeneca and johnson & johnson — has either settled recent government cases, under the false claims act, for hundreds of millions of dollars or is currently under investigation for possible health care fraud. following charges of illegal marketing, two of the settlements set records last year for the largest criminal fines ever imposed on corporations. one involved eli lilly ’ s antipsychotic zyprexa, and the other involved bextra. in the bextra case, the government also charged pfizer with illegally marketing another antipsychotic, geodon ; pfizer settled that part of the claim for $ 301 million, without admitting any wrongdoing. on 2 july 2012, glaxosmithkline pleaded guilty to criminal charges and agreed to a $ 3 billion settlement of the largest health - care fraud case in the u. s. and the largest payment by a drug company. the settlement is related to the company's illegal promotion of prescription drugs, its failure to report safety data, bribing doctors, and promoting medicines for uses for which they were not licensed. the drugs involved were paxil, wellbutrin, advair, lamictal, and zofran for off - label, non - covered uses. those and the drugs imitrex, lotronex, flovent, and valtrex were involved in
indirect societal cost due to increased hospitalizations and, in some cases, cause death through overdose because substitution or poor quality, although this potential for harm may be operationally indistinct from the potentials for harm associated with other noncriminal behaviors, such as driving a car while tired or over - consumption of healthy foods. some argue that if drugs were available legally, they would be less harmful ( see the drug policy of the netherlands ). when drugs are illegal, the price is higher, and maintaining the habit takes the money that would otherwise be spent on food, shelter, and clothing. the resultant neglect is a contributory factor to the addict's physical deterioration. in australia, walker ( 1991 ) finds a strong link between substance abuse and crime. in general, making drugs illegal results in an exponential increase in their price so that addicts must indulge in theft, robbery, and burglary to support their habits. those people who experience those crimes are indirect victims of the drug sale. the need to fund addiction also drives some into distribution where they are more prone to violent attack and murder. these findings are matched elsewhere. meier and geis ( 1997 ) confirm that drug dealing is an area where victims are third parties who experience harm only indirectly through, say, losses from drug - related crime, and the costs of enforcing drug laws and of treating addiction, and the public health costs for treating illness and disease consequent on the addiction, e. g., hiv infection through using the same needles. in australia, for example, the national campaign against drug abuse ( see collins & lapsley 1991 ) gives a figure of just over $ 1. 2 billion for total costs of the abuse of illicit drugs in australia in 1988, including treatment of drug - related illness, accidents resulting from drug use / misuse, loss of productivity due to absenteeism, premature death, property crime and damage, and excluding justice system costs. conklin ( 1997 : 100 ) reports the cost of illegal drug use in the u. s. in 1989 at $ 60 billion a year, a 20 % increase over the estimate in 1985. the rise in cost to the state can only be met out of tax revenue, but the burden is not shared equally. income actually spent on drugs is displaced from purchases that would otherwise have generated sales tax and income tax revenue. similarly, the substantial profits made by the dealers is not taxed. thus, the citizens who declare income for tax purposes must pay more to offset the cost of non
argument is that the criminalization of drugs leads to highly inflated prices for drugs. for example, bedau and schur found in 1974 that " in england the pharmacy cost of heroin [ was ] 0. 06 cents per grain. in the united states street price [ was ] $ 30 – 90 per grain. " this inflation in price is believed to drive addicts to commit crimes such as theft and robbery, which are thought to be inherently damaging to society, in order to be able to purchase the drugs on which they are dependent. in addition to the creation of a black market for drugs, the war on drugs is argued by proponents of legalization to reduce the workforce by damaging the ability of those convicted to find work. it is reasoned that this reduction of the workforce is ultimately harmful to an economy reliant on labor. the number of drug arrests increases every year. in a poll taken by the bureau of justice statistics between 1980 and 2009, " [ over a ] 30 - year period... [ arrest ] rates for drug possession or use doubled for whites and tripled for blacks. " according to economist walter block, illegal immigration and emigration is a victimless crime from a libertarian perspective. vera bergelson states that victimless crime comes in four main varieties : an act that does not harm others ( suicide, drug use, unemployment ) a transaction between consenting adults that does not harm others ( assisted suicide, gambling, prostitution ) an act whose consequences are borne by society at large ( tax evasion, insider trading ) actions which are banned due to being considered immoral ( homosexual sex, incest, flag burning ) = = legalization of victimless acts = = many activities that were once considered crimes are no longer illegal in some countries, at least in part because of their status as victimless crimes. one example is the british sturdy beggar laws that applied the death penalty to unemployment. two large categories of victimless crimes are sexual pleasure and recreational drug use ( drug pleasure ). on the first, homosexual sex has been legalized in many countries, the first one being france in 1791. other sexual matters considered victimless crimes and proposed for legalization include consensual adult incest and sexting by teenagers ( considered child pornography ). marijuana use is forbidden by law in australia but is the most " widely used illicit drug " in the country, just as it is in countries such as the united states and new zealand. prohibition of alcohol in the united states, repealed in 1933, is considered a failed " social experiment "
drugs is displaced from purchases that would otherwise have generated sales tax and income tax revenue. similarly, the substantial profits made by the dealers is not taxed. thus, the citizens who declare income for tax purposes must pay more to offset the cost of non - capture of drug revenue in their society. as with prostitution, crime related to drug dealing also affects the amenity of a neighbourhood, destroying property values and causing the flight of the middle class to the " safer " suburbs. if the police do intervene, they may alienate law - abiding community members who are stopped and questioned, and only displace the drug dealing indoors, thus making it more resistant to police interventions. police may also use their power to extract rents from the drug selling community. further, sampson ( 2002 ) comments that because intensive police enforcement is by its very nature temporary, the impact is often only short - term and dependent on the resiliency of the market and the buyers which has been shown to be strong. some officers have argued that intensive enforcement shows the community that the police care about the problem ; however, some of the unintended effects may, in fact, have the opposite result. for a more general exposition, see arguments for and against drug prohibition. = = see also = = anti - social behaviour drug - related crime public order act 1986 victimless crime sumptuary law anti - social behaviour order broken windows theory moral police signal crime islamic religious police wisdom of repugnance picking quarrels and provoking trouble = = notes = = = = references = = collins, d. j. & lapsley, h. m. ( 1991 ). estimating the economic costs of drug abuse in australia canberra : dept. of comm. health and services. conklin, john e. ( 1997 ). criminology. 6th edition. allyn & bacon. isbn 0 - 205 - 26478 - 6 de haan, willem. ( 1990 ). the politics of redress : crime, punishment and penal abolition. boston : unwin hyman. isbn 0 - 04 - 445442 - 2 ericsson, lars o. ( 1980 ). " charges against prostitution ; an attempt at a philosophical assessment ". ethics 90 : 335 - 66. feinberg, joel ( 1984 ). harm to self : the moral limits of the criminal law. new york : oxford university press. isbn 0 - 19 - 505923 - 9 garoupa, nuno & klerman, daniel. ( 2002 ). "
of psychiatric patients, we should avoid the word'recidivism'when what we mean is'rehospitalization'". a 2016 followup by peirson argued that " public policy makers and leaders should be careful to not misuse the word and unwittingly stigmatize persons with mental illness and substance use disorders ". = = law and economics = = the law and economics literature has provided various justifications for the fact that the sanction imposed on an offender depends on whether he was convicted previously. in particular, some authors such as rubinstein ( 1980 ) and polinsky and rubinfeld ( 1991 ) have argued that a record of prior offenses provides information about the offender's characteristics ( e. g., a higher - than - average propensity to commit crimes ). however, shavell ( 2004 ) has pointed out that making sanctions depend on offense history may be advantageous even when there are no characteristics to be learned about. in particular, shavell ( 2004, p. 529 ) argues that when " detection of a violation implies not only an immediate sanction, but also a higher sanction for a future violation, an individual will be deterred more from committing a violation presently ". building on shavell's ( 2004 ) insights, muller and schmitz ( 2015 ) show that it may actually be optimal to further amplify the overdeterrence of repeat offenders when exogenous restrictions on penalties for first - time offenders are relaxed. also, economists and scholars who research issues related to the imf use the term recidivism to refer to the behaviour of states who repeatedly engage in imf economic programs such as sbas. for example, south korea, zaire, liberia and panama each spent well over 12 years under consecutive imf agreements. = = policies addressing recidivism = = countless policies aim to ameliorate recidivism, but many involve a complete overhaul of societal values concerning justice, punishment, and second chances. other proposals have little impact due to cost and resource issues and other constraints. plausible approaches include : allowing current trends to continue without additional intervention ( maintaining the status - quo ) increasing the presence and quality of pre - release services ( within incarceration facilities ) that address factors associated with ( for example ) drug - related criminality — addiction treatment and mental - health counseling and education programs / vocational training increasing the presence and quality of community - based organizations that provide post - release / reentry services ( in the same
Answer:
|
not guilty, because he was not aware of the value of the drugs he had sold
| null |
A state statute requires any person licensed to sell prescription drugs to file with the State Board of Health a report listing the types and amounts of such drugs sold if his or her sales of such drugs exceed $50,000 during a calendar year. The statute makes it a misdemeanor to "knowingly fail to file" such a report. Nelson, who is licensed to sell prescription drugs, sold $63,000 worth of prescription drugs during 1976 but did not file the report. Charged with committing the misdemeanor, Nelson testifies that he did a very poor job of keeping records and did not realize that his sales of prescription drugs had exceeded $50,000. If the jury believes Nelson, he should be found
0. guilty, because this is a public welfare offense.
1. guilty, because he cannot be excused on the basis of his own failure to keep proper records.
2. not guilty, because the statute punishes omissions and he was not given fair warning of his duty to act.
3. not guilty, because he was not aware of the value of the drugs he had sold
programs such as medicare in the united states or equivalent state programs for financial gain to a pharmaceutical company. there are several different schemes used to defraud the health care system which are particular to the pharmaceutical industry. these include : good manufacturing practice ( gmp ) violations, off label marketing, best price fraud, cme fraud, medicaid price reporting, and manufactured compound drugs. the federal bureau of investigation ( fbi ) estimates that health care fraud costs american taxpayers $ 60 billion a year. of this amount $ 2. 5 billion was recovered through false claims act cases in fy 2010. examples of fraud cases include the pfizer $ 2. 3 billion settlement and merck $ 650 million settlement. damages from fraud can be recovered by use of the false claims act, most commonly under the qui tam provisions which rewards an individual for being a " whistleblower ", or relator ( law ). antipsychotic drugs are now the top - selling class of pharmaceuticals in america, generating annual revenue of about $ 14. 6 billion. every major company selling the drugs — bristol - myers squibb, eli lilly, pfizer, astrazeneca and johnson & johnson — has either settled recent government cases, under the false claims act, for hundreds of millions of dollars or is currently under investigation for possible health care fraud. following charges of illegal marketing, two of the settlements set records last year for the largest criminal fines ever imposed on corporations. one involved eli lilly ’ s antipsychotic zyprexa, and the other involved bextra. in the bextra case, the government also charged pfizer with illegally marketing another antipsychotic, geodon ; pfizer settled that part of the claim for $ 301 million, without admitting any wrongdoing. on 2 july 2012, glaxosmithkline pleaded guilty to criminal charges and agreed to a $ 3 billion settlement of the largest health - care fraud case in the u. s. and the largest payment by a drug company. the settlement is related to the company's illegal promotion of prescription drugs, its failure to report safety data, bribing doctors, and promoting medicines for uses for which they were not licensed. the drugs involved were paxil, wellbutrin, advair, lamictal, and zofran for off - label, non - covered uses. those and the drugs imitrex, lotronex, flovent, and valtrex were involved in
indirect societal cost due to increased hospitalizations and, in some cases, cause death through overdose because substitution or poor quality, although this potential for harm may be operationally indistinct from the potentials for harm associated with other noncriminal behaviors, such as driving a car while tired or over - consumption of healthy foods. some argue that if drugs were available legally, they would be less harmful ( see the drug policy of the netherlands ). when drugs are illegal, the price is higher, and maintaining the habit takes the money that would otherwise be spent on food, shelter, and clothing. the resultant neglect is a contributory factor to the addict's physical deterioration. in australia, walker ( 1991 ) finds a strong link between substance abuse and crime. in general, making drugs illegal results in an exponential increase in their price so that addicts must indulge in theft, robbery, and burglary to support their habits. those people who experience those crimes are indirect victims of the drug sale. the need to fund addiction also drives some into distribution where they are more prone to violent attack and murder. these findings are matched elsewhere. meier and geis ( 1997 ) confirm that drug dealing is an area where victims are third parties who experience harm only indirectly through, say, losses from drug - related crime, and the costs of enforcing drug laws and of treating addiction, and the public health costs for treating illness and disease consequent on the addiction, e. g., hiv infection through using the same needles. in australia, for example, the national campaign against drug abuse ( see collins & lapsley 1991 ) gives a figure of just over $ 1. 2 billion for total costs of the abuse of illicit drugs in australia in 1988, including treatment of drug - related illness, accidents resulting from drug use / misuse, loss of productivity due to absenteeism, premature death, property crime and damage, and excluding justice system costs. conklin ( 1997 : 100 ) reports the cost of illegal drug use in the u. s. in 1989 at $ 60 billion a year, a 20 % increase over the estimate in 1985. the rise in cost to the state can only be met out of tax revenue, but the burden is not shared equally. income actually spent on drugs is displaced from purchases that would otherwise have generated sales tax and income tax revenue. similarly, the substantial profits made by the dealers is not taxed. thus, the citizens who declare income for tax purposes must pay more to offset the cost of non
argument is that the criminalization of drugs leads to highly inflated prices for drugs. for example, bedau and schur found in 1974 that " in england the pharmacy cost of heroin [ was ] 0. 06 cents per grain. in the united states street price [ was ] $ 30 – 90 per grain. " this inflation in price is believed to drive addicts to commit crimes such as theft and robbery, which are thought to be inherently damaging to society, in order to be able to purchase the drugs on which they are dependent. in addition to the creation of a black market for drugs, the war on drugs is argued by proponents of legalization to reduce the workforce by damaging the ability of those convicted to find work. it is reasoned that this reduction of the workforce is ultimately harmful to an economy reliant on labor. the number of drug arrests increases every year. in a poll taken by the bureau of justice statistics between 1980 and 2009, " [ over a ] 30 - year period... [ arrest ] rates for drug possession or use doubled for whites and tripled for blacks. " according to economist walter block, illegal immigration and emigration is a victimless crime from a libertarian perspective. vera bergelson states that victimless crime comes in four main varieties : an act that does not harm others ( suicide, drug use, unemployment ) a transaction between consenting adults that does not harm others ( assisted suicide, gambling, prostitution ) an act whose consequences are borne by society at large ( tax evasion, insider trading ) actions which are banned due to being considered immoral ( homosexual sex, incest, flag burning ) = = legalization of victimless acts = = many activities that were once considered crimes are no longer illegal in some countries, at least in part because of their status as victimless crimes. one example is the british sturdy beggar laws that applied the death penalty to unemployment. two large categories of victimless crimes are sexual pleasure and recreational drug use ( drug pleasure ). on the first, homosexual sex has been legalized in many countries, the first one being france in 1791. other sexual matters considered victimless crimes and proposed for legalization include consensual adult incest and sexting by teenagers ( considered child pornography ). marijuana use is forbidden by law in australia but is the most " widely used illicit drug " in the country, just as it is in countries such as the united states and new zealand. prohibition of alcohol in the united states, repealed in 1933, is considered a failed " social experiment "
drugs is displaced from purchases that would otherwise have generated sales tax and income tax revenue. similarly, the substantial profits made by the dealers is not taxed. thus, the citizens who declare income for tax purposes must pay more to offset the cost of non - capture of drug revenue in their society. as with prostitution, crime related to drug dealing also affects the amenity of a neighbourhood, destroying property values and causing the flight of the middle class to the " safer " suburbs. if the police do intervene, they may alienate law - abiding community members who are stopped and questioned, and only displace the drug dealing indoors, thus making it more resistant to police interventions. police may also use their power to extract rents from the drug selling community. further, sampson ( 2002 ) comments that because intensive police enforcement is by its very nature temporary, the impact is often only short - term and dependent on the resiliency of the market and the buyers which has been shown to be strong. some officers have argued that intensive enforcement shows the community that the police care about the problem ; however, some of the unintended effects may, in fact, have the opposite result. for a more general exposition, see arguments for and against drug prohibition. = = see also = = anti - social behaviour drug - related crime public order act 1986 victimless crime sumptuary law anti - social behaviour order broken windows theory moral police signal crime islamic religious police wisdom of repugnance picking quarrels and provoking trouble = = notes = = = = references = = collins, d. j. & lapsley, h. m. ( 1991 ). estimating the economic costs of drug abuse in australia canberra : dept. of comm. health and services. conklin, john e. ( 1997 ). criminology. 6th edition. allyn & bacon. isbn 0 - 205 - 26478 - 6 de haan, willem. ( 1990 ). the politics of redress : crime, punishment and penal abolition. boston : unwin hyman. isbn 0 - 04 - 445442 - 2 ericsson, lars o. ( 1980 ). " charges against prostitution ; an attempt at a philosophical assessment ". ethics 90 : 335 - 66. feinberg, joel ( 1984 ). harm to self : the moral limits of the criminal law. new york : oxford university press. isbn 0 - 19 - 505923 - 9 garoupa, nuno & klerman, daniel. ( 2002 ). "
of psychiatric patients, we should avoid the word'recidivism'when what we mean is'rehospitalization'". a 2016 followup by peirson argued that " public policy makers and leaders should be careful to not misuse the word and unwittingly stigmatize persons with mental illness and substance use disorders ". = = law and economics = = the law and economics literature has provided various justifications for the fact that the sanction imposed on an offender depends on whether he was convicted previously. in particular, some authors such as rubinstein ( 1980 ) and polinsky and rubinfeld ( 1991 ) have argued that a record of prior offenses provides information about the offender's characteristics ( e. g., a higher - than - average propensity to commit crimes ). however, shavell ( 2004 ) has pointed out that making sanctions depend on offense history may be advantageous even when there are no characteristics to be learned about. in particular, shavell ( 2004, p. 529 ) argues that when " detection of a violation implies not only an immediate sanction, but also a higher sanction for a future violation, an individual will be deterred more from committing a violation presently ". building on shavell's ( 2004 ) insights, muller and schmitz ( 2015 ) show that it may actually be optimal to further amplify the overdeterrence of repeat offenders when exogenous restrictions on penalties for first - time offenders are relaxed. also, economists and scholars who research issues related to the imf use the term recidivism to refer to the behaviour of states who repeatedly engage in imf economic programs such as sbas. for example, south korea, zaire, liberia and panama each spent well over 12 years under consecutive imf agreements. = = policies addressing recidivism = = countless policies aim to ameliorate recidivism, but many involve a complete overhaul of societal values concerning justice, punishment, and second chances. other proposals have little impact due to cost and resource issues and other constraints. plausible approaches include : allowing current trends to continue without additional intervention ( maintaining the status - quo ) increasing the presence and quality of pre - release services ( within incarceration facilities ) that address factors associated with ( for example ) drug - related criminality — addiction treatment and mental - health counseling and education programs / vocational training increasing the presence and quality of community - based organizations that provide post - release / reentry services ( in the same
Answer:
|
guilty, because he cannot be excused on the basis of his own failure to keep proper records.
| 0.3 |
Lender met Borrower on the street, demanded that Borrower pay a debt owed to Lender, and threatened to punch Borrower in the nose. A fight ensued between them. Mann came upon the scene just as Lender was about to kick Borrower in the head. Noting that Lender was getting the better of the fight, Mann pointed a gun at Lender and said, "Stop, or I'll shoot." If Lender asserts a claim against Mann based on assault, will Lender prevail?
0. Yes, because Mann threatened to use deadly force.
1. Yes, unless Mann was related to Borrower.
2. No, if it was apparent that Lender was about to inflict serious bodily harm upon Borrower.
3. No, because Lender was the original aggressor by threatening Borrower with a battery
in the us, under circumstances that render such contact substantially certain to occur or with a reckless disregard as to whether such contact will result, or in england and wales, reckless that it might occur ( meaning that the defendant foresaw the risk of that contact and carried on unreasonably to take that risk ). assault, where rooted on english law, the act of intentionally causing a person to apprehend physical contact with their person. elsewhere it is often similarly worded as the threat of violence to a person while aggravated assault is the threat with the clear and present ability and willingness to carry it out. aggravated battery is, typically, offensive touching without a tool or weapon with attempt to harm or restrain. = = see also = = assault ( tort ) assault occasioning actual bodily harm battery ( tort ) the dictionary definition of beat up at wiktionary non - fatal offences against the person in english law right of self - defense = = references = =
civilian victimization is the intentional use of violence against noncombatants in a conflict. it includes both lethal forms of violence ( such as killings ), as well as non - lethal forms of violence such as torture, forced expulsion, and rape. according to this definition, civilian victimization is only a subset of harm that occurs to civilians during conflict, excluding that considered collateral damage of military activity. however, " the distinction between intentional and unintentional violence is highly ambivalent " and difficult to determine in many cases. scholars have identified various factors that may either provide incentives for the use of violence against civilians, or create incentives for restraint. violence against civilians occurs in many types of civil conflict, and can include any acts in which force is used to harm or damage civilians or civilian targets. it can be lethal or nonlethal. during periods of armed conflict, there are structures, actors, and processes at a number of levels that affect the likelihood of violence against civilians. violence towards civilians is not “ irrational, random, or the result of ancient hatreds between ethnic groups. ” : 91 rather, violence against civilians may be used strategically in a variety of ways, including attempts to increase civilian cooperation and support ; increase costs to an opponent by targeting their civilian supporters ; and physically separate an opponent from its civilian supporters by removing civilians from an area. patterns of violence towards civilians can be described at a variety of levels and a number of determinants of violence against civilians have been identified. = = describing patterns of violence = = francisco gutierrez - sanin and elisabeth jean wood have proposed a conceptualization of political violence that describes an actor in terms of its pattern of violence, based on the " repertoire, targeting, frequency, and technique in which it regularly engages. " actors can include any organized group fighting for political objectives. repertoire covers the forms of violence used ; targeting identifies those attacked in terms of social group ; frequency is the measurable occurrence of violence ; and techniques are the types of weapons or technology used. this framework can be applied to observed patterns of violence without considering the intentionality of the actor. other frameworks focus on motivation of the actor. repertoires may include both lethal forms of violence against civilians such as killings, massacres, bombings, and terrorist attacks, and nonlethal forms of violence, such as forced displacement and sexual violence. in indirect violence heavy weapons such as tanks or fighter planes are used remotely and unilaterally. in direct violence perpetrators act face - to - face with the victims using small weapons
associated with threatening situations that did escalate to a physical attack. in the case where there was a physical attack and the presence of a weapon, there was also less probability of injury. yet, in the case where there was a physical attack, a weapon present, and an injury, there was an increased probability of death. overall, this data suggests that the weapons effect ( if there is indeed a weapons effect ) is more nuanced than previously portrayed. further, that the presence of guns may have had an inhibitory effect on physical violence. kleck continued with this line of research, and in 2001 published another study examining this opposition to the weapons effect. again using archival data, kleck found that guns have little do with the relative risk of homicide. in his discussion, he bid scholars to question the causal effect of the presence of weapons in the scene on the incidence of homicide. while it is difficult to directly test the weapons effect in the real world, much of the available evidence would suggest that there are other underlying causes for the effects originally measured by berkowitz and lepage. = = real - world application = = the weapons effect has implications for legal policy on gun control. for example, in a book chapter from psychology and social policy, author charles turner proposes that policy recommendations aiming to minimize criminal violence need to take in account that the aggressive meaning people attach to firearms, in addition to the availability of firearms, has an important role in criminal violence. yet, he also argues that the weapons effect can be mitigated. nevertheless, with the mixed results and conclusions from weapons effect studies, it is not clear if this line of research will extend into support for or against gun control legislation. because of the nature of the weapons effect, it is impossible to directly test the original hypothesis in a real - world setting. while the attempts at replicating or even finding a weapons effect may be performed flawlessly, that does not necessarily mean that the results of these studies is applicable in the real world. it is important to note that an effect may have been found in many of these studies, but further research is necessary to determine the validity and replicability of these results. = = see also = = leonard berkowitz weapon focus aggression social learning theory = = references = = = = external links = = for a powerpoint on frameworks for the social psychology of aggression ( this includes one slide on the original weapons effect study ) see the following website : http : / / www. slideserve. com /
in the study room ; furthermore, researchers told some of the subjects that the confederate was a policeman and researchers told the other group that the confederate was a student. this study did not find weapons to be aggression - eliciting stimuli, with no significant difference in the number of shocks administered among those who had a weapon in the study room and those who did not, regardless of level of shock originally received by the subject. when researchers told the subjects that the confederate was a student, the presence of weapons in the study room in combination with a subject that was not angered at the study onset, inhibited the number of shocks administered. also, when researchers told the subjects that the confederate was a policeman, the presence of weapons in the study room in combination with a subject that was angered at the study onset, inhibited the amount of shocks the subject administered. a 1971 study by page and scheidt also found that individual differences played a major role in whether or not the weapons effect would be found in a study. individuals who were more sophisticated presented different data than less sophisticated individuals, or those who were experiencing evaluation apprehension. they also concluded that any weapons effect that was demonstrated could not be generalized outside of a laboratory setting. schmidt and schmidt heavily criticized berkowitz's theory of weapons as aggression - eliciting stimuli in their article weapons as aggression - eliciting stimuli : a critical inspection of experimental results. the authors examined the original weapons effect study and subsequent replications and failed replications, concluding that there was no experimental evidence of a cue - elicited weapons - effect on aggressive behavior. instead, the authors attribute the occasional observed weapons effect to being a result of operant conditioning. = = = = reverse weapons effect = = = = in 1991, gary kleck and karen mcelrath obtained archival data from 1979 - 1985 national crime surveys and the 1982 supplementary homicide reports. the researchers wanted to examine the impact of firearms and other deadly weapons on : ( 1 ) the probability that threatening situations escalated to a physical attack, ( 2 ) the probability that injuries resulted from a physical attack, and ( 3 ) the probability that death resulted from a physical attack. results were not consistent with the weapons effect. instead, the researchers found that the presence of all types of deadly weapons was strongly associated with threatening situations that did escalate to a physical attack. in the case where there was a physical attack and the presence of a weapon, there was also less probability of injury. yet, in the case where there was a physical attack,
) and ( e ), " to shoot " in finnish is an intrinsically neither bound nor unbound verb since the shooting can cause the three different results of the target being killed or only wounded or not being hit. ( in english, " to shoot " with a direct object has the first two senses and requires additions such as " dead " or " and killed " to not be ambivalent, and the third sense is only possible by adding the preposition " at ". ) " to kill " would be an intrinsically bound verb, where the consequence is someone / something being dead. in the data, the morpheme " – a " is the partitive morpheme. in ( d ), the verb " shot " takes a partitive object and specifies the activities of " shooting without killing " or " shooting at but not necessarily hitting ". in ( e ), the verb takes an accusative object and denotes accomplishment of hitting and killing. hence, the difference of unboundness or boundness in the verb, whether the bear was hit ( and killed ) by the bullet or not, is reflected by the difference in the morphology of the object. the common factor between aspectual and np - related functions of the partitive case is the process of marking a verb phrase's ( vp ) unboundness. a vp has the semantic property of having either an unbounded head or unbounded argument. for example, in finnish the partitive case suffix denotes an unbound event, while the accusative case suffix denotes a bounded event. note that when translating finnish into english, the determiners could surface as " a ", " the ", " some " or numerals in both unbound and bound events. = = references = = = = see also = = english articles english determiners finnish noun cases partitive case
Answer:
|
No, if it was apparent that Lender was about to inflict serious bodily harm upon Borrower.
| null |
Lender met Borrower on the street, demanded that Borrower pay a debt owed to Lender, and threatened to punch Borrower in the nose. A fight ensued between them. Mann came upon the scene just as Lender was about to kick Borrower in the head. Noting that Lender was getting the better of the fight, Mann pointed a gun at Lender and said, "Stop, or I'll shoot." If Lender asserts a claim against Mann based on assault, will Lender prevail?
0. Yes, because Mann threatened to use deadly force.
1. Yes, unless Mann was related to Borrower.
2. No, if it was apparent that Lender was about to inflict serious bodily harm upon Borrower.
3. No, because Lender was the original aggressor by threatening Borrower with a battery
in the us, under circumstances that render such contact substantially certain to occur or with a reckless disregard as to whether such contact will result, or in england and wales, reckless that it might occur ( meaning that the defendant foresaw the risk of that contact and carried on unreasonably to take that risk ). assault, where rooted on english law, the act of intentionally causing a person to apprehend physical contact with their person. elsewhere it is often similarly worded as the threat of violence to a person while aggravated assault is the threat with the clear and present ability and willingness to carry it out. aggravated battery is, typically, offensive touching without a tool or weapon with attempt to harm or restrain. = = see also = = assault ( tort ) assault occasioning actual bodily harm battery ( tort ) the dictionary definition of beat up at wiktionary non - fatal offences against the person in english law right of self - defense = = references = =
civilian victimization is the intentional use of violence against noncombatants in a conflict. it includes both lethal forms of violence ( such as killings ), as well as non - lethal forms of violence such as torture, forced expulsion, and rape. according to this definition, civilian victimization is only a subset of harm that occurs to civilians during conflict, excluding that considered collateral damage of military activity. however, " the distinction between intentional and unintentional violence is highly ambivalent " and difficult to determine in many cases. scholars have identified various factors that may either provide incentives for the use of violence against civilians, or create incentives for restraint. violence against civilians occurs in many types of civil conflict, and can include any acts in which force is used to harm or damage civilians or civilian targets. it can be lethal or nonlethal. during periods of armed conflict, there are structures, actors, and processes at a number of levels that affect the likelihood of violence against civilians. violence towards civilians is not “ irrational, random, or the result of ancient hatreds between ethnic groups. ” : 91 rather, violence against civilians may be used strategically in a variety of ways, including attempts to increase civilian cooperation and support ; increase costs to an opponent by targeting their civilian supporters ; and physically separate an opponent from its civilian supporters by removing civilians from an area. patterns of violence towards civilians can be described at a variety of levels and a number of determinants of violence against civilians have been identified. = = describing patterns of violence = = francisco gutierrez - sanin and elisabeth jean wood have proposed a conceptualization of political violence that describes an actor in terms of its pattern of violence, based on the " repertoire, targeting, frequency, and technique in which it regularly engages. " actors can include any organized group fighting for political objectives. repertoire covers the forms of violence used ; targeting identifies those attacked in terms of social group ; frequency is the measurable occurrence of violence ; and techniques are the types of weapons or technology used. this framework can be applied to observed patterns of violence without considering the intentionality of the actor. other frameworks focus on motivation of the actor. repertoires may include both lethal forms of violence against civilians such as killings, massacres, bombings, and terrorist attacks, and nonlethal forms of violence, such as forced displacement and sexual violence. in indirect violence heavy weapons such as tanks or fighter planes are used remotely and unilaterally. in direct violence perpetrators act face - to - face with the victims using small weapons
associated with threatening situations that did escalate to a physical attack. in the case where there was a physical attack and the presence of a weapon, there was also less probability of injury. yet, in the case where there was a physical attack, a weapon present, and an injury, there was an increased probability of death. overall, this data suggests that the weapons effect ( if there is indeed a weapons effect ) is more nuanced than previously portrayed. further, that the presence of guns may have had an inhibitory effect on physical violence. kleck continued with this line of research, and in 2001 published another study examining this opposition to the weapons effect. again using archival data, kleck found that guns have little do with the relative risk of homicide. in his discussion, he bid scholars to question the causal effect of the presence of weapons in the scene on the incidence of homicide. while it is difficult to directly test the weapons effect in the real world, much of the available evidence would suggest that there are other underlying causes for the effects originally measured by berkowitz and lepage. = = real - world application = = the weapons effect has implications for legal policy on gun control. for example, in a book chapter from psychology and social policy, author charles turner proposes that policy recommendations aiming to minimize criminal violence need to take in account that the aggressive meaning people attach to firearms, in addition to the availability of firearms, has an important role in criminal violence. yet, he also argues that the weapons effect can be mitigated. nevertheless, with the mixed results and conclusions from weapons effect studies, it is not clear if this line of research will extend into support for or against gun control legislation. because of the nature of the weapons effect, it is impossible to directly test the original hypothesis in a real - world setting. while the attempts at replicating or even finding a weapons effect may be performed flawlessly, that does not necessarily mean that the results of these studies is applicable in the real world. it is important to note that an effect may have been found in many of these studies, but further research is necessary to determine the validity and replicability of these results. = = see also = = leonard berkowitz weapon focus aggression social learning theory = = references = = = = external links = = for a powerpoint on frameworks for the social psychology of aggression ( this includes one slide on the original weapons effect study ) see the following website : http : / / www. slideserve. com /
in the study room ; furthermore, researchers told some of the subjects that the confederate was a policeman and researchers told the other group that the confederate was a student. this study did not find weapons to be aggression - eliciting stimuli, with no significant difference in the number of shocks administered among those who had a weapon in the study room and those who did not, regardless of level of shock originally received by the subject. when researchers told the subjects that the confederate was a student, the presence of weapons in the study room in combination with a subject that was not angered at the study onset, inhibited the number of shocks administered. also, when researchers told the subjects that the confederate was a policeman, the presence of weapons in the study room in combination with a subject that was angered at the study onset, inhibited the amount of shocks the subject administered. a 1971 study by page and scheidt also found that individual differences played a major role in whether or not the weapons effect would be found in a study. individuals who were more sophisticated presented different data than less sophisticated individuals, or those who were experiencing evaluation apprehension. they also concluded that any weapons effect that was demonstrated could not be generalized outside of a laboratory setting. schmidt and schmidt heavily criticized berkowitz's theory of weapons as aggression - eliciting stimuli in their article weapons as aggression - eliciting stimuli : a critical inspection of experimental results. the authors examined the original weapons effect study and subsequent replications and failed replications, concluding that there was no experimental evidence of a cue - elicited weapons - effect on aggressive behavior. instead, the authors attribute the occasional observed weapons effect to being a result of operant conditioning. = = = = reverse weapons effect = = = = in 1991, gary kleck and karen mcelrath obtained archival data from 1979 - 1985 national crime surveys and the 1982 supplementary homicide reports. the researchers wanted to examine the impact of firearms and other deadly weapons on : ( 1 ) the probability that threatening situations escalated to a physical attack, ( 2 ) the probability that injuries resulted from a physical attack, and ( 3 ) the probability that death resulted from a physical attack. results were not consistent with the weapons effect. instead, the researchers found that the presence of all types of deadly weapons was strongly associated with threatening situations that did escalate to a physical attack. in the case where there was a physical attack and the presence of a weapon, there was also less probability of injury. yet, in the case where there was a physical attack,
) and ( e ), " to shoot " in finnish is an intrinsically neither bound nor unbound verb since the shooting can cause the three different results of the target being killed or only wounded or not being hit. ( in english, " to shoot " with a direct object has the first two senses and requires additions such as " dead " or " and killed " to not be ambivalent, and the third sense is only possible by adding the preposition " at ". ) " to kill " would be an intrinsically bound verb, where the consequence is someone / something being dead. in the data, the morpheme " – a " is the partitive morpheme. in ( d ), the verb " shot " takes a partitive object and specifies the activities of " shooting without killing " or " shooting at but not necessarily hitting ". in ( e ), the verb takes an accusative object and denotes accomplishment of hitting and killing. hence, the difference of unboundness or boundness in the verb, whether the bear was hit ( and killed ) by the bullet or not, is reflected by the difference in the morphology of the object. the common factor between aspectual and np - related functions of the partitive case is the process of marking a verb phrase's ( vp ) unboundness. a vp has the semantic property of having either an unbounded head or unbounded argument. for example, in finnish the partitive case suffix denotes an unbound event, while the accusative case suffix denotes a bounded event. note that when translating finnish into english, the determiners could surface as " a ", " the ", " some " or numerals in both unbound and bound events. = = references = = = = see also = = english articles english determiners finnish noun cases partitive case
Answer:
|
Yes, unless Mann was related to Borrower.
| 0.3 |
Peter sued Don for breach of contract. The court admitted testimony by Peter that Don and his wife quarreled frequently, a fact of no consequence to the lawsuit. Don seeks to testify in response that he and his wife never quarreled. The court
0. must permit Don to answer if he had objected to Peter's testimony.
1. may permit Don to answer, whether or not he had objected to Peter's testimony.
2. may permit Don to answer only if he had objected to Peter's testimony.
3. cannot permit Don to answer, whether or not he had objected to Peter's testimony
of the negating word not is allowed as well. then too, if no other auxiliary or copular verb is present, do - support is required. he will laugh. → he will not laugh. ( not attaches to the auxiliary will ) she laughs. → she does not laugh. ( not attaches to the added auxiliary does ) in the second sentence, do - support is required because idiomatic modern english does not allow forms like * she laughs not. the verb have, in the sense of possession, is sometimes negated thus : i haven't the foggiest idea. most combinations of auxiliary / copula plus not have a contracted form ending in suffix -n't, such as isn't, won't, etc. the relevant contractions for negations formed using do - support are don't, doesn't and didn't. such forms are used very frequently in informal english. do - support is required for negated imperatives even when the verb is the copula be : do not do that. don't be silly. however, there is no do - support with non - finite verb forms, as they are negated by a preceding not : it would be a crime not to help him ( the infinitive to help is negated ) not knowing what else to do, i stood my ground ( the present participle knowing is negated ) not eating vegetables can harm your health ( the gerund eating is negated ) with subjunctive verb forms, as a present subjunctive, do is infrequently used for negation, which is frequently considered ambiguous or incorrect because it resembles the indicative. the usual method to negate the present subjunctive is to precede the verb with a not, especially if the verb is be ( as do - support with it, whether it be indicative or subjunctive, is ungrammatical ) : i suggest that he not receive any more funding ( the present subjunctive receive is negated ) it is important that he not be there ( the present subjunctive be is negated ) as a past subjunctive, however, did is needed for negation ( unless the verb is be, whose past subjunctive is were ) : i wish that he did not know it i wish that he were not here the negation in the examples negates the non - finite predicate. compare the following competing formulations : i did not try to laugh. vs.
honeyman and wade ( 2007 ) state that differences in cultural expectations can predictably lead to the more economically powerful party attempting to negotiate that all breaches will be dealt with ultimately by courts from their own culture, applying their own cultural and legal rules. this then highlights the issue of different legal rules existing in different countries which enable contracts to be set aside. the list of exceptions to finality of contracts varies from one jurisdiction to another, and this is often placed under the label ‘ frustration of contracts ’. = = lack of informed consent = = some acts cannot legally take place because of a lack of informed consent. this can occur under conditions of pressures of limited time, money, exhaustion and exhortations to settle from lawyers. another person is generally authorised to give consent if an individual is unable to. these cases sometimes result in a party refusing to comply with the terms of the contract ; however, they are rarely successful as a defense to an enforcement action. judges usually take the view that a client advised by a lawyer is strongly presumed both to have a basic understanding of legal principle, and to have given consent ( informed consent 2007 ). this was the case in gerbert and gerbert ( 1990 ) flc 92 – 137, where a husband settled for 10 % of assets against his probable entitlement to 40 %, and it was held that there was no miscarriage of justice as the husband acted freely and was advised to seek legal advice. in cases where an individual is provided limited facts, serious ethical issues may arise. is it ethical to hold someone to a contract when they clearly had no awareness of exactly what they were signing and committing themselves to, due to ignorance or not? is it ethical for a lawyer to encourage the signing of a document if they are clearly not fully understanding of the document? = = wealth = = if the chance of success and money is opportune to a wealthy person, their capacity and willingness can give rise to alleging various legal justifications for breach. a few years of legal expenses may only be a small proportion of their empire, and the resulting attrition and disparate investment in the conflict may eventually encourage other parties to renegotiate the disputed clauses ( honeyman and wade 2005, 15 ). in terms of moral relativism, most people would agree that it is ethically wrong to use wealth to control a situation and to ‘ force ’ people into renegotiating clauses in contracts if they are unable to afford the legal bill accompanying a dispute. however, as moral re
were ) : i wish that he did not know it i wish that he were not here the negation in the examples negates the non - finite predicate. compare the following competing formulations : i did not try to laugh. vs. i tried not to laugh. they do not want to go. vs. they want not to go. there are two predicates in each of the verb chains in the sentences. do - support is needed when the higher of the two is negated ; it is not needed to negate the lower nonfinite predicate. for negated questions, see the questions section above. for negated elliptical sentences, see the elliptical sentences section below. = = = negative inversion = = = the same principles as for question formation apply to other clauses in which subject – auxiliary inversion is required, particularly after negative expressions and expressions involving only ( negative inversion ) : never did he run that fast again. ( wrong : * never he did run that fast again. * never ran he that fast again. ) only here do i feel at home. ( wrong : * only here feel i at home. ) = = further uses = = in addition to providing do - support in questions and negated clauses as described above, the auxiliary verb do can also be used in clauses that do not require do - support. in such cases, do - support may appear for pragmatic reasons. = = = for emphasis = = = the auxiliary generally appears for purposes of emphasis, for instance to establish a contrast or to express a correction : did bill eat his breakfast? yes, he did eat his breakfast ( did emphasizes the positive answer, which may be unexpected ). bill doesn't sing, then. no, he does sing ( does emphasizes the correction of the previous statement ). as before, the main verb following the auxiliary becomes a bare infinitive, which is not inflected ( one cannot say * did ate or * does sings in the above examples ). as with typical do - support, that usage of do does not occur with other auxiliaries or a copular verb. then, emphasis can be obtained by adding stress to the auxiliary or copular : would you take the risk? yes, i would take the risk. bill isn't singing, then. no, he is singing. ( some auxiliaries, such as can, change their pronunciation when stressed ; see weak and strong forms in english. ) in negative sentences, emphasis can be obtained by adding stress either to
in keeping with the informality of the arbitration process, the law is generally keen to uphold the validity of arbitration clauses even when they lack the normal formal language associated with legal contracts. clauses which have been upheld include : " arbitration in london – english law to apply " " suitable arbitration clause " " arbitration, if any, by icc rules in london " the courts have also upheld clauses which specify resolution of disputes other than in accordance with a specific legal system. these include provision indicating : that the arbitrators " must not necessarily judge according to the strict law but as a general rule ought chiefly to consider the principles of practical business " " internationally accepted principles of law governing contractual relations " agreements to refer disputes to arbitration are generally presumed to be separable from the rest of the contract. this means that an issue of validity pertaining to the contract as a whole will not automatically vitiate the validity of the agreement to arbitrate. for example, in disputes on a contract, a common defence is to plead the contract is void and thus any claim based upon it fails. it follows that if a party successfully claims that a contract is void, then each clause contained within the contract, including the arbitration clause, would be void. however, in most countries, the courts have accepted that : a contract can only be declared void by a court or other tribunal ; and if the contract ( valid or otherwise ) contains an arbitration clause, then the proper forum to determine whether the contract is void or not, is the arbitration tribunal. this protects the tribunal's ability to arbitrate beyond termination of the contract. arguably, it is necessary to ensure that disputes are arbitrated rather than litigated — without such a clause, a dispute arising out of a contract will necessarily be litigated. arguably, either position is potentially unfair ; if a person is made to sign a contract under duress, and the contract contains an arbitration clause highly favourable to the other party, the dispute may still referred to that arbitration tribunal. conversely a court may be persuaded that the arbitration agreement itself is void having been signed under duress. however, most courts will be reluctant to interfere with the general rule which does allow for commercial expediency ; any other solution ( where one first had to go to court to decide whether one had to go to arbitration ) would be self - defeating. = = comparative law = = nations regulate arbitration through a variety of laws. the main body of law applicable to arbitration is normally contained either in the national private international law statute, as
do - support ( sometimes referred to as do - insertion or periphrastic do ), in english grammar, is the use of the auxiliary verb do ( or one of its inflected forms e. g. does ), to form negated clauses and constructions which require subject – auxiliary inversion, such as questions. the verb do can be used optionally as an auxiliary even in simple declarative sentences, usually as a means of adding emphasis ( e. g. " i did shut the fridge. " ). however, in negated and inverted clauses, do is usually used in today's modern english. for example, in idiomatic english, the negating word not cannot attach directly to just any finite lexical verb ; rather, it can only attach to an auxiliary or copular verb. for example, the sentence i am not with the copula be is fully idiomatic, but i know not with the finite lexical verb know, while grammatical, is archaic. if there is no other auxiliary present when negation is required, the auxiliary do is used to produce a form like i do not ( don't ) know. the same applies in clauses requiring inversion, including most questions : inversion must involve the subject and an auxiliary verb, so it is not idiomatic to say know you him? ; today's english usually substitutes do you know him? do - support is not used when there is already an auxiliary or copular verb present or with non - finite verb forms ( infinitives and participles ). it is sometimes used with subjunctive forms. furthermore, the use of do as an auxiliary should be distinguished from the use of do as a normal lexical verb, as in they do their homework. = = common uses = = do - support appears to accommodate a number of varying grammatical constructions : question formation, the appearance of the negation not, and negative inversion. these constructions often cannot occur without do - support or the presence of some other auxiliary verb. = = = in questions = = = the presence of an auxiliary ( or copular ) verb allows subject – auxiliary inversion to take place, as is required in most interrogative sentences in english. if there is already an auxiliary or copula present, do - support is not required when forming questions : he will laugh. → will he laugh? ( the auxiliary will inverts with the subject he ) she is at home. → is she at home? ( the copula is inverts
Answer:
|
may permit Don to answer, whether or not he had objected to Peter's testimony.
| null |
Peter sued Don for breach of contract. The court admitted testimony by Peter that Don and his wife quarreled frequently, a fact of no consequence to the lawsuit. Don seeks to testify in response that he and his wife never quarreled. The court
0. must permit Don to answer if he had objected to Peter's testimony.
1. may permit Don to answer, whether or not he had objected to Peter's testimony.
2. may permit Don to answer only if he had objected to Peter's testimony.
3. cannot permit Don to answer, whether or not he had objected to Peter's testimony
of the negating word not is allowed as well. then too, if no other auxiliary or copular verb is present, do - support is required. he will laugh. → he will not laugh. ( not attaches to the auxiliary will ) she laughs. → she does not laugh. ( not attaches to the added auxiliary does ) in the second sentence, do - support is required because idiomatic modern english does not allow forms like * she laughs not. the verb have, in the sense of possession, is sometimes negated thus : i haven't the foggiest idea. most combinations of auxiliary / copula plus not have a contracted form ending in suffix -n't, such as isn't, won't, etc. the relevant contractions for negations formed using do - support are don't, doesn't and didn't. such forms are used very frequently in informal english. do - support is required for negated imperatives even when the verb is the copula be : do not do that. don't be silly. however, there is no do - support with non - finite verb forms, as they are negated by a preceding not : it would be a crime not to help him ( the infinitive to help is negated ) not knowing what else to do, i stood my ground ( the present participle knowing is negated ) not eating vegetables can harm your health ( the gerund eating is negated ) with subjunctive verb forms, as a present subjunctive, do is infrequently used for negation, which is frequently considered ambiguous or incorrect because it resembles the indicative. the usual method to negate the present subjunctive is to precede the verb with a not, especially if the verb is be ( as do - support with it, whether it be indicative or subjunctive, is ungrammatical ) : i suggest that he not receive any more funding ( the present subjunctive receive is negated ) it is important that he not be there ( the present subjunctive be is negated ) as a past subjunctive, however, did is needed for negation ( unless the verb is be, whose past subjunctive is were ) : i wish that he did not know it i wish that he were not here the negation in the examples negates the non - finite predicate. compare the following competing formulations : i did not try to laugh. vs.
honeyman and wade ( 2007 ) state that differences in cultural expectations can predictably lead to the more economically powerful party attempting to negotiate that all breaches will be dealt with ultimately by courts from their own culture, applying their own cultural and legal rules. this then highlights the issue of different legal rules existing in different countries which enable contracts to be set aside. the list of exceptions to finality of contracts varies from one jurisdiction to another, and this is often placed under the label ‘ frustration of contracts ’. = = lack of informed consent = = some acts cannot legally take place because of a lack of informed consent. this can occur under conditions of pressures of limited time, money, exhaustion and exhortations to settle from lawyers. another person is generally authorised to give consent if an individual is unable to. these cases sometimes result in a party refusing to comply with the terms of the contract ; however, they are rarely successful as a defense to an enforcement action. judges usually take the view that a client advised by a lawyer is strongly presumed both to have a basic understanding of legal principle, and to have given consent ( informed consent 2007 ). this was the case in gerbert and gerbert ( 1990 ) flc 92 – 137, where a husband settled for 10 % of assets against his probable entitlement to 40 %, and it was held that there was no miscarriage of justice as the husband acted freely and was advised to seek legal advice. in cases where an individual is provided limited facts, serious ethical issues may arise. is it ethical to hold someone to a contract when they clearly had no awareness of exactly what they were signing and committing themselves to, due to ignorance or not? is it ethical for a lawyer to encourage the signing of a document if they are clearly not fully understanding of the document? = = wealth = = if the chance of success and money is opportune to a wealthy person, their capacity and willingness can give rise to alleging various legal justifications for breach. a few years of legal expenses may only be a small proportion of their empire, and the resulting attrition and disparate investment in the conflict may eventually encourage other parties to renegotiate the disputed clauses ( honeyman and wade 2005, 15 ). in terms of moral relativism, most people would agree that it is ethically wrong to use wealth to control a situation and to ‘ force ’ people into renegotiating clauses in contracts if they are unable to afford the legal bill accompanying a dispute. however, as moral re
were ) : i wish that he did not know it i wish that he were not here the negation in the examples negates the non - finite predicate. compare the following competing formulations : i did not try to laugh. vs. i tried not to laugh. they do not want to go. vs. they want not to go. there are two predicates in each of the verb chains in the sentences. do - support is needed when the higher of the two is negated ; it is not needed to negate the lower nonfinite predicate. for negated questions, see the questions section above. for negated elliptical sentences, see the elliptical sentences section below. = = = negative inversion = = = the same principles as for question formation apply to other clauses in which subject – auxiliary inversion is required, particularly after negative expressions and expressions involving only ( negative inversion ) : never did he run that fast again. ( wrong : * never he did run that fast again. * never ran he that fast again. ) only here do i feel at home. ( wrong : * only here feel i at home. ) = = further uses = = in addition to providing do - support in questions and negated clauses as described above, the auxiliary verb do can also be used in clauses that do not require do - support. in such cases, do - support may appear for pragmatic reasons. = = = for emphasis = = = the auxiliary generally appears for purposes of emphasis, for instance to establish a contrast or to express a correction : did bill eat his breakfast? yes, he did eat his breakfast ( did emphasizes the positive answer, which may be unexpected ). bill doesn't sing, then. no, he does sing ( does emphasizes the correction of the previous statement ). as before, the main verb following the auxiliary becomes a bare infinitive, which is not inflected ( one cannot say * did ate or * does sings in the above examples ). as with typical do - support, that usage of do does not occur with other auxiliaries or a copular verb. then, emphasis can be obtained by adding stress to the auxiliary or copular : would you take the risk? yes, i would take the risk. bill isn't singing, then. no, he is singing. ( some auxiliaries, such as can, change their pronunciation when stressed ; see weak and strong forms in english. ) in negative sentences, emphasis can be obtained by adding stress either to
in keeping with the informality of the arbitration process, the law is generally keen to uphold the validity of arbitration clauses even when they lack the normal formal language associated with legal contracts. clauses which have been upheld include : " arbitration in london – english law to apply " " suitable arbitration clause " " arbitration, if any, by icc rules in london " the courts have also upheld clauses which specify resolution of disputes other than in accordance with a specific legal system. these include provision indicating : that the arbitrators " must not necessarily judge according to the strict law but as a general rule ought chiefly to consider the principles of practical business " " internationally accepted principles of law governing contractual relations " agreements to refer disputes to arbitration are generally presumed to be separable from the rest of the contract. this means that an issue of validity pertaining to the contract as a whole will not automatically vitiate the validity of the agreement to arbitrate. for example, in disputes on a contract, a common defence is to plead the contract is void and thus any claim based upon it fails. it follows that if a party successfully claims that a contract is void, then each clause contained within the contract, including the arbitration clause, would be void. however, in most countries, the courts have accepted that : a contract can only be declared void by a court or other tribunal ; and if the contract ( valid or otherwise ) contains an arbitration clause, then the proper forum to determine whether the contract is void or not, is the arbitration tribunal. this protects the tribunal's ability to arbitrate beyond termination of the contract. arguably, it is necessary to ensure that disputes are arbitrated rather than litigated — without such a clause, a dispute arising out of a contract will necessarily be litigated. arguably, either position is potentially unfair ; if a person is made to sign a contract under duress, and the contract contains an arbitration clause highly favourable to the other party, the dispute may still referred to that arbitration tribunal. conversely a court may be persuaded that the arbitration agreement itself is void having been signed under duress. however, most courts will be reluctant to interfere with the general rule which does allow for commercial expediency ; any other solution ( where one first had to go to court to decide whether one had to go to arbitration ) would be self - defeating. = = comparative law = = nations regulate arbitration through a variety of laws. the main body of law applicable to arbitration is normally contained either in the national private international law statute, as
do - support ( sometimes referred to as do - insertion or periphrastic do ), in english grammar, is the use of the auxiliary verb do ( or one of its inflected forms e. g. does ), to form negated clauses and constructions which require subject – auxiliary inversion, such as questions. the verb do can be used optionally as an auxiliary even in simple declarative sentences, usually as a means of adding emphasis ( e. g. " i did shut the fridge. " ). however, in negated and inverted clauses, do is usually used in today's modern english. for example, in idiomatic english, the negating word not cannot attach directly to just any finite lexical verb ; rather, it can only attach to an auxiliary or copular verb. for example, the sentence i am not with the copula be is fully idiomatic, but i know not with the finite lexical verb know, while grammatical, is archaic. if there is no other auxiliary present when negation is required, the auxiliary do is used to produce a form like i do not ( don't ) know. the same applies in clauses requiring inversion, including most questions : inversion must involve the subject and an auxiliary verb, so it is not idiomatic to say know you him? ; today's english usually substitutes do you know him? do - support is not used when there is already an auxiliary or copular verb present or with non - finite verb forms ( infinitives and participles ). it is sometimes used with subjunctive forms. furthermore, the use of do as an auxiliary should be distinguished from the use of do as a normal lexical verb, as in they do their homework. = = common uses = = do - support appears to accommodate a number of varying grammatical constructions : question formation, the appearance of the negation not, and negative inversion. these constructions often cannot occur without do - support or the presence of some other auxiliary verb. = = = in questions = = = the presence of an auxiliary ( or copular ) verb allows subject – auxiliary inversion to take place, as is required in most interrogative sentences in english. if there is already an auxiliary or copula present, do - support is not required when forming questions : he will laugh. → will he laugh? ( the auxiliary will inverts with the subject he ) she is at home. → is she at home? ( the copula is inverts
Answer:
|
may permit Don to answer only if he had objected to Peter's testimony.
| 0.3 |
Ames had painted Bell's house under a contract which called for payment of $2,000. Bell, contending in good faith that the porch had not been painted properly, refused to pay anything. On June 15, Ames mailed a letter to Bell stating, "I am in serious need of money. Please send the $2,000 to me before July 1." On June 18, Bell replied, "I will settle for $1,800 provided that you agree to repaint the porch." Ames did not reply to this letter. Thereafter Bell mailed a check for $1,800 marked "Payment in full on the Ames-Bell painting contract as per letter dated June 18." Ames received the check on June 30. Because he was badly in need of money, check on June 30. Because he was badly in need of money, Questions Ames cashed the check without objection and spent the proceeds but has refused to repaint the porch.Bell's refusal to pay anything to Ames when he finished painting was a
0. partial breach of contract only if Ames had properly or substantially painted the porch.
1. partial breach of contract whether or not Ames had properly or substantially painted the porch.
2. total breach of contract only if Ames had properly or substantially painted the porch.
3. total breach of contract whether or not Ames had properly or substantially painted the porch
in law, non - repudiation is a situation where a statement's author cannot successfully dispute its authorship or the validity of an associated contract. the term is often seen in a legal setting when the authenticity of a signature is being challenged. in such an instance, the authenticity is being " repudiated ". for example, mallory buys a cell phone for $ 100, writes a paper cheque as payment, and signs the cheque with a pen. later, she finds that she can't afford it, and claims that the cheque is a forgery. the signature guarantees that only mallory could have signed the cheque, and so mallory's bank must pay the cheque. this is non - repudiation ; mallory cannot repudiate the cheque. in practice, pen - and - paper signatures are not hard to forge, but digital signatures can be very hard to break. = = in security = = in general, non - repudiation involves associating actions or changes with a unique individual. for example, a secure area may use a key card access system where non - repudiation would be violated if key cards were shared or if lost and stolen cards were not immediately reported. similarly, the owner of a computer account must not allow others to use it, such as by giving away their password, and a policy should be implemented to enforce this. = = = in digital security = = = in digital security, non - repudiation means : a service that provides proof of the integrity and origin of data. an authentication that can be said to be genuine with high confidence. an authentication that the data is available under specific circumstances, or for a period of time : data availability. proof of data integrity is typically the easiest of these requirements to accomplish. a data hash such as sha2 usually ensures that the data will not be changed undetectably. even with this safeguard, it is possible to tamper with data in transit, either through a man - in - the - middle attack or phishing. because of this, data integrity is best assessed when the recipient already possesses the necessary verification information, such as after being mutually authenticated. the common method to provide non - repudiation in the context of digital communications or storage is digital signatures, a more powerful tool that provides non - repudiation in a publicly verifiable manner. message authentication codes ( mac ), useful when the communicating parties have arranged to use a shared secret that they both possess, does not give non
and high effort. participants in the low effort condition were told that the writer spent 4 hours on the poem while participants in the high effort condition were told the poet spent 18 hours on the piece. the researchers combined the liking and quality measures into one composite result and found participants provided more favorable evaluations of the poem when they thought it took the poet 18 hours to compose rather than when they thought it took him 4 hours. they also judged the more effortful poem to be worth more money. = = = experiment 2 = = = in the second experiment, non - experts and self - identified experts individually evaluated the quality of two paintings by deborah kleven : 12 lines and big abstract. half of the participants were told that the former took 4 hours to paint and the latter 26 hours, and the other half were told the opposite. after rating each painting separately, participants then compared the two paintings directly. the results revealed that participants preferred 12 lines over big abstract when they thought 12 lines took longer to paint, but the opposite tended to be true when they thought that big abstract took longer to paint. the effort manipulation had a similar effect on participants estimates of how much the paintings were worth. participants who thought 12 lines took longer to produce thought that it was worth more money than big abstract, whereas the opposite tended to be true when participants thought that big abstract took longer to paint. the data also indicated that the effect of perceived effort on perceived quality was independent of whether participants had self - professed expertise in the domain. self - identified art experts did not appear to rely on effort any less than novices, despite the fact that the self - identified experts were presumably more practiced at evaluating art. this points to the generality and intuitive appeal of effort as a heuristic for quality. = = = experiment 3 = = = in the third and final experiment, researchers asked participants to rate the quality of several images of medieval arms and armor presented on a computer screen. when rating the final target piece of armor, half of the participants were told that it took the blacksmith 110 hours to complete, and half were told that it took 15 hours. in addition to manipulating the perceived effort invested by the artist, researchers also varied the ambiguity of the stimulus to examine its potential as a moderator in the use of the effort heuristic. this was done by altering the resolution of the image where half of the participants viewed a high - resolution image of the piece, and half viewed a low - resolution image. experiment 3 produced similar results as the first two ; participants provided
and william edwards carlin. the two men claimed they had found large numbers of fossils in como bluff, and warned that there were others in the area " looking for such things ", which marsh took to mean cope. williston, who had just wearily arrived in kansas after the collapse of the morrison mine, was quickly dispatched to como bluff by marsh. his former student sent back a message, confirming the large quantities of bones and that it was cope's men snooping around the area. wary of repeating the same mistakes he had made with lakes, marsh quickly sent money to the two new bone hunters and urged them to send additional fossils. williston struck a preliminary bargain with carlin and reed ( who had been unable to cash marsh's check due to it being made out to their pseudonyms ), but carlin decided he would head to new haven to deal with marsh directly. marsh drew up a contract calling for a set monthly fee, with additional cash bonuses to carlin and reed possible, depending on the importance of the finds. marsh also reserved the right to send his own " superintendents " to supervise the digging if needed and advised the men to try to keep cope out of the region. despite a face - to - face meeting, carlin failed to negotiate better terms from marsh. the paleontologist procured carlin's and reed's services, but seeds of resentment were sown as the bone hunters felt marsh had bullied them into the deal. marsh's investment in the como bluff region soon produced rich results. while marsh's own collectors headed east for the winter, reed sent carloads of bones by rail to marsh throughout 1877. marsh described and named dinosaurs such as stegosaurus, allosaurus, and apatosaurus in the december 1877 issue of the american journal of science. despite marsh's precautions against alerting his rival to como bluff's rich bone beds, word of the discoveries rapidly spread. this was at least partly due to carlin and reed helping spread the rumors. they leaked information to the laramie daily sentinel, which published an article about the finds in april 1878 that exaggerated the price marsh had paid for the bones, possibly to raise prices and demand for more bones. marsh, attempting to cover the leak, learned from williston that carlin and reed had been visited by a man ostensibly working for cope by the name of " haines ". after learning of the como bluff discoveries, cope sent " dinosaur rustlers " to the area in an attempt to quietly steal
a punch list is a document prepared during key milestones or near the end of a construction project listing works that do not conform to contract drawings and specifications that the general contractor must correct prior to final payment. the work may include incomplete or incorrect installations or incidental damage to existing finishes, material, and structures. the list is usually made by the owner, architect or designer, or general contractor while they tour and visually inspect the project. in the united states construction industry, contract agreements are usually written to allow the owner to withhold ( retain ) the final payment to the general contractor as " retainage ". the contractor is bound by the contract to complete a list of contract items, called a punch list, in order to receive final payment from the owner. the designer ( typically a licensed professional architect or engineer ) is usually also incorporated into the contract as the owner's design representative and agent, to verify that completed contract work has complied with the design. in most contracts, the general conditions of the contract for construction require the contractor, when they believe it to be so, to declare the construction project to have reached " substantial completion " and to request a " pre - final " inspection. according to the general conditions ( aia a201 section 9. 8. 2 ), the contractor prepares and submits to the architect a comprehensive list of items to be completed or corrected. this snag list, as generated by the contractor, is known as the punch list. upon receipt of the contractor's list, the architect then inspects the work to determine if the work is " substantially complete. " final payment to the contractor is only made when all of the items on the punch list have been confirmed to meet the project - design specifications required by the contract, or some other mutually agreed resolution for each item has been reached. examples of punch - list items include damaged building components ( e. g. repair broken window, replace stained wallboard, repair cracked paving, etc. ), or problems with the final installation of building materials or equipment ( for example, install light fixture, connect faucet plumbing, install baseboard trim, reinstall peeling carpet, replace missing roof shingles, rehang misaligned exterior door, fire and pressure - test boiler, obtain elevator use permit, activate security system, and so on ). under one hypothesis, the phrase takes its name from the historical process of punching a hole in the margin of the document, next to one of the items on the list. this indicated that the work was
with a qualified electronic signature - the statement is non - repudiable. technically, a qualified electronic signature is implemented through an advanced electronic signature that utilizes a digital certificate, which has been encrypted through a security signature - creating device and which has been authenticated by a qualified trust service provider. = = in contract law = = since well before the american civil war began in 1861, morse code was used to send messages electrically via the telegraph. some of these messages were agreements to terms that were intended as enforceable contracts. an early acceptance of the enforceability of telegraphic messages as electronic signatures came from a new hampshire supreme court case, howley v. whipple, in 1869. in the 1980s, many companies and even some individuals began using fax machines for high - priority or time - sensitive delivery of documents. although the original signature on the original document was on paper, the image of the signature and its transmission was electronic. courts in various jurisdictions have decided that enforceable legality of electronic signatures can include agreements made by email, entering a personal identification number ( pin ) into a bank atm, signing a credit or debit slip with a digital pen pad device ( an application of graphics tablet technology ) at a point of sale, installing software with a clickwrap software license agreement on the package, and signing electronic documents online. the first agreement signed electronically by two sovereign nations was a joint communique recognizing the growing importance of the promotion of electronic commerce, signed by the united states and ireland in 1998. = = = enforceability = = = in 1996 the united nations published the uncitral model law on electronic commerce. article 7 of the uncitral model law on electronic commerce was highly influential in the development of electronic signature laws around the world, including in the us. in 2001, uncitral concluded work on a dedicated text, the uncitral model law on electronic signatures, which has been adopted in some 30 jurisdictions. article 9, paragraph 3 of the united nations convention on the use of electronic communications in international contracts, 2005, which establishes a mechanism for functional equivalence between electronic and handwritten signatures at the international level as well as for the cross - border recognition. the latest uncitral text dealing with electronic signatures is article 16 of the uncitral model law on the use and cross - border recognition of identity management and trust services ( 2022 ). canadian law ( pipeda ) attempts to clarify the situation by first defining a generic electronic signature as " a signature that consists of one or more letters,
Answer:
|
total breach of contract only if Ames had properly or substantially painted the porch.
| null |
Ames had painted Bell's house under a contract which called for payment of $2,000. Bell, contending in good faith that the porch had not been painted properly, refused to pay anything. On June 15, Ames mailed a letter to Bell stating, "I am in serious need of money. Please send the $2,000 to me before July 1." On June 18, Bell replied, "I will settle for $1,800 provided that you agree to repaint the porch." Ames did not reply to this letter. Thereafter Bell mailed a check for $1,800 marked "Payment in full on the Ames-Bell painting contract as per letter dated June 18." Ames received the check on June 30. Because he was badly in need of money, check on June 30. Because he was badly in need of money, Questions Ames cashed the check without objection and spent the proceeds but has refused to repaint the porch.Bell's refusal to pay anything to Ames when he finished painting was a
0. partial breach of contract only if Ames had properly or substantially painted the porch.
1. partial breach of contract whether or not Ames had properly or substantially painted the porch.
2. total breach of contract only if Ames had properly or substantially painted the porch.
3. total breach of contract whether or not Ames had properly or substantially painted the porch
in law, non - repudiation is a situation where a statement's author cannot successfully dispute its authorship or the validity of an associated contract. the term is often seen in a legal setting when the authenticity of a signature is being challenged. in such an instance, the authenticity is being " repudiated ". for example, mallory buys a cell phone for $ 100, writes a paper cheque as payment, and signs the cheque with a pen. later, she finds that she can't afford it, and claims that the cheque is a forgery. the signature guarantees that only mallory could have signed the cheque, and so mallory's bank must pay the cheque. this is non - repudiation ; mallory cannot repudiate the cheque. in practice, pen - and - paper signatures are not hard to forge, but digital signatures can be very hard to break. = = in security = = in general, non - repudiation involves associating actions or changes with a unique individual. for example, a secure area may use a key card access system where non - repudiation would be violated if key cards were shared or if lost and stolen cards were not immediately reported. similarly, the owner of a computer account must not allow others to use it, such as by giving away their password, and a policy should be implemented to enforce this. = = = in digital security = = = in digital security, non - repudiation means : a service that provides proof of the integrity and origin of data. an authentication that can be said to be genuine with high confidence. an authentication that the data is available under specific circumstances, or for a period of time : data availability. proof of data integrity is typically the easiest of these requirements to accomplish. a data hash such as sha2 usually ensures that the data will not be changed undetectably. even with this safeguard, it is possible to tamper with data in transit, either through a man - in - the - middle attack or phishing. because of this, data integrity is best assessed when the recipient already possesses the necessary verification information, such as after being mutually authenticated. the common method to provide non - repudiation in the context of digital communications or storage is digital signatures, a more powerful tool that provides non - repudiation in a publicly verifiable manner. message authentication codes ( mac ), useful when the communicating parties have arranged to use a shared secret that they both possess, does not give non
and high effort. participants in the low effort condition were told that the writer spent 4 hours on the poem while participants in the high effort condition were told the poet spent 18 hours on the piece. the researchers combined the liking and quality measures into one composite result and found participants provided more favorable evaluations of the poem when they thought it took the poet 18 hours to compose rather than when they thought it took him 4 hours. they also judged the more effortful poem to be worth more money. = = = experiment 2 = = = in the second experiment, non - experts and self - identified experts individually evaluated the quality of two paintings by deborah kleven : 12 lines and big abstract. half of the participants were told that the former took 4 hours to paint and the latter 26 hours, and the other half were told the opposite. after rating each painting separately, participants then compared the two paintings directly. the results revealed that participants preferred 12 lines over big abstract when they thought 12 lines took longer to paint, but the opposite tended to be true when they thought that big abstract took longer to paint. the effort manipulation had a similar effect on participants estimates of how much the paintings were worth. participants who thought 12 lines took longer to produce thought that it was worth more money than big abstract, whereas the opposite tended to be true when participants thought that big abstract took longer to paint. the data also indicated that the effect of perceived effort on perceived quality was independent of whether participants had self - professed expertise in the domain. self - identified art experts did not appear to rely on effort any less than novices, despite the fact that the self - identified experts were presumably more practiced at evaluating art. this points to the generality and intuitive appeal of effort as a heuristic for quality. = = = experiment 3 = = = in the third and final experiment, researchers asked participants to rate the quality of several images of medieval arms and armor presented on a computer screen. when rating the final target piece of armor, half of the participants were told that it took the blacksmith 110 hours to complete, and half were told that it took 15 hours. in addition to manipulating the perceived effort invested by the artist, researchers also varied the ambiguity of the stimulus to examine its potential as a moderator in the use of the effort heuristic. this was done by altering the resolution of the image where half of the participants viewed a high - resolution image of the piece, and half viewed a low - resolution image. experiment 3 produced similar results as the first two ; participants provided
and william edwards carlin. the two men claimed they had found large numbers of fossils in como bluff, and warned that there were others in the area " looking for such things ", which marsh took to mean cope. williston, who had just wearily arrived in kansas after the collapse of the morrison mine, was quickly dispatched to como bluff by marsh. his former student sent back a message, confirming the large quantities of bones and that it was cope's men snooping around the area. wary of repeating the same mistakes he had made with lakes, marsh quickly sent money to the two new bone hunters and urged them to send additional fossils. williston struck a preliminary bargain with carlin and reed ( who had been unable to cash marsh's check due to it being made out to their pseudonyms ), but carlin decided he would head to new haven to deal with marsh directly. marsh drew up a contract calling for a set monthly fee, with additional cash bonuses to carlin and reed possible, depending on the importance of the finds. marsh also reserved the right to send his own " superintendents " to supervise the digging if needed and advised the men to try to keep cope out of the region. despite a face - to - face meeting, carlin failed to negotiate better terms from marsh. the paleontologist procured carlin's and reed's services, but seeds of resentment were sown as the bone hunters felt marsh had bullied them into the deal. marsh's investment in the como bluff region soon produced rich results. while marsh's own collectors headed east for the winter, reed sent carloads of bones by rail to marsh throughout 1877. marsh described and named dinosaurs such as stegosaurus, allosaurus, and apatosaurus in the december 1877 issue of the american journal of science. despite marsh's precautions against alerting his rival to como bluff's rich bone beds, word of the discoveries rapidly spread. this was at least partly due to carlin and reed helping spread the rumors. they leaked information to the laramie daily sentinel, which published an article about the finds in april 1878 that exaggerated the price marsh had paid for the bones, possibly to raise prices and demand for more bones. marsh, attempting to cover the leak, learned from williston that carlin and reed had been visited by a man ostensibly working for cope by the name of " haines ". after learning of the como bluff discoveries, cope sent " dinosaur rustlers " to the area in an attempt to quietly steal
a punch list is a document prepared during key milestones or near the end of a construction project listing works that do not conform to contract drawings and specifications that the general contractor must correct prior to final payment. the work may include incomplete or incorrect installations or incidental damage to existing finishes, material, and structures. the list is usually made by the owner, architect or designer, or general contractor while they tour and visually inspect the project. in the united states construction industry, contract agreements are usually written to allow the owner to withhold ( retain ) the final payment to the general contractor as " retainage ". the contractor is bound by the contract to complete a list of contract items, called a punch list, in order to receive final payment from the owner. the designer ( typically a licensed professional architect or engineer ) is usually also incorporated into the contract as the owner's design representative and agent, to verify that completed contract work has complied with the design. in most contracts, the general conditions of the contract for construction require the contractor, when they believe it to be so, to declare the construction project to have reached " substantial completion " and to request a " pre - final " inspection. according to the general conditions ( aia a201 section 9. 8. 2 ), the contractor prepares and submits to the architect a comprehensive list of items to be completed or corrected. this snag list, as generated by the contractor, is known as the punch list. upon receipt of the contractor's list, the architect then inspects the work to determine if the work is " substantially complete. " final payment to the contractor is only made when all of the items on the punch list have been confirmed to meet the project - design specifications required by the contract, or some other mutually agreed resolution for each item has been reached. examples of punch - list items include damaged building components ( e. g. repair broken window, replace stained wallboard, repair cracked paving, etc. ), or problems with the final installation of building materials or equipment ( for example, install light fixture, connect faucet plumbing, install baseboard trim, reinstall peeling carpet, replace missing roof shingles, rehang misaligned exterior door, fire and pressure - test boiler, obtain elevator use permit, activate security system, and so on ). under one hypothesis, the phrase takes its name from the historical process of punching a hole in the margin of the document, next to one of the items on the list. this indicated that the work was
with a qualified electronic signature - the statement is non - repudiable. technically, a qualified electronic signature is implemented through an advanced electronic signature that utilizes a digital certificate, which has been encrypted through a security signature - creating device and which has been authenticated by a qualified trust service provider. = = in contract law = = since well before the american civil war began in 1861, morse code was used to send messages electrically via the telegraph. some of these messages were agreements to terms that were intended as enforceable contracts. an early acceptance of the enforceability of telegraphic messages as electronic signatures came from a new hampshire supreme court case, howley v. whipple, in 1869. in the 1980s, many companies and even some individuals began using fax machines for high - priority or time - sensitive delivery of documents. although the original signature on the original document was on paper, the image of the signature and its transmission was electronic. courts in various jurisdictions have decided that enforceable legality of electronic signatures can include agreements made by email, entering a personal identification number ( pin ) into a bank atm, signing a credit or debit slip with a digital pen pad device ( an application of graphics tablet technology ) at a point of sale, installing software with a clickwrap software license agreement on the package, and signing electronic documents online. the first agreement signed electronically by two sovereign nations was a joint communique recognizing the growing importance of the promotion of electronic commerce, signed by the united states and ireland in 1998. = = = enforceability = = = in 1996 the united nations published the uncitral model law on electronic commerce. article 7 of the uncitral model law on electronic commerce was highly influential in the development of electronic signature laws around the world, including in the us. in 2001, uncitral concluded work on a dedicated text, the uncitral model law on electronic signatures, which has been adopted in some 30 jurisdictions. article 9, paragraph 3 of the united nations convention on the use of electronic communications in international contracts, 2005, which establishes a mechanism for functional equivalence between electronic and handwritten signatures at the international level as well as for the cross - border recognition. the latest uncitral text dealing with electronic signatures is article 16 of the uncitral model law on the use and cross - border recognition of identity management and trust services ( 2022 ). canadian law ( pipeda ) attempts to clarify the situation by first defining a generic electronic signature as " a signature that consists of one or more letters,
Answer:
|
partial breach of contract only if Ames had properly or substantially painted the porch.
| 0.3 |
Ames had painted Bell's house under a contract which called for payment of $2,000. Bell, contending in good faith that the porch had not been painted properly, refused to pay anything. On June 15, Ames mailed a letter to Bell stating, "I am in serious need of money. Please send the $2,000 to me before July 1." On June 18, Bell replied, "I will settle for $1,800 provided that you agree to repaint the porch." Ames did not reply to this letter. Thereafter Bell mailed a check for $1,800 marked "Payment in full on the Ames-Bell painting contract as per letter dated June 18." Ames received the check on June 30. Because he was badly in need of money, check on June 30. Because he was badly in need of money, Questions Ames cashed the check without objection and spent the proceeds but has refused to repaint the porch.After cashing the check Ames sued Bell for $200. Ames probably will
0. succeed if he can prove that he had painted the porch according to specifications.
1. succeed, because he cashed the check under economic duress.
2. not succeed, because he cashed the check without objection.
3. not succeed, because he is entitled to recover only the reasonable value of his services
in law, non - repudiation is a situation where a statement's author cannot successfully dispute its authorship or the validity of an associated contract. the term is often seen in a legal setting when the authenticity of a signature is being challenged. in such an instance, the authenticity is being " repudiated ". for example, mallory buys a cell phone for $ 100, writes a paper cheque as payment, and signs the cheque with a pen. later, she finds that she can't afford it, and claims that the cheque is a forgery. the signature guarantees that only mallory could have signed the cheque, and so mallory's bank must pay the cheque. this is non - repudiation ; mallory cannot repudiate the cheque. in practice, pen - and - paper signatures are not hard to forge, but digital signatures can be very hard to break. = = in security = = in general, non - repudiation involves associating actions or changes with a unique individual. for example, a secure area may use a key card access system where non - repudiation would be violated if key cards were shared or if lost and stolen cards were not immediately reported. similarly, the owner of a computer account must not allow others to use it, such as by giving away their password, and a policy should be implemented to enforce this. = = = in digital security = = = in digital security, non - repudiation means : a service that provides proof of the integrity and origin of data. an authentication that can be said to be genuine with high confidence. an authentication that the data is available under specific circumstances, or for a period of time : data availability. proof of data integrity is typically the easiest of these requirements to accomplish. a data hash such as sha2 usually ensures that the data will not be changed undetectably. even with this safeguard, it is possible to tamper with data in transit, either through a man - in - the - middle attack or phishing. because of this, data integrity is best assessed when the recipient already possesses the necessary verification information, such as after being mutually authenticated. the common method to provide non - repudiation in the context of digital communications or storage is digital signatures, a more powerful tool that provides non - repudiation in a publicly verifiable manner. message authentication codes ( mac ), useful when the communicating parties have arranged to use a shared secret that they both possess, does not give non
and high effort. participants in the low effort condition were told that the writer spent 4 hours on the poem while participants in the high effort condition were told the poet spent 18 hours on the piece. the researchers combined the liking and quality measures into one composite result and found participants provided more favorable evaluations of the poem when they thought it took the poet 18 hours to compose rather than when they thought it took him 4 hours. they also judged the more effortful poem to be worth more money. = = = experiment 2 = = = in the second experiment, non - experts and self - identified experts individually evaluated the quality of two paintings by deborah kleven : 12 lines and big abstract. half of the participants were told that the former took 4 hours to paint and the latter 26 hours, and the other half were told the opposite. after rating each painting separately, participants then compared the two paintings directly. the results revealed that participants preferred 12 lines over big abstract when they thought 12 lines took longer to paint, but the opposite tended to be true when they thought that big abstract took longer to paint. the effort manipulation had a similar effect on participants estimates of how much the paintings were worth. participants who thought 12 lines took longer to produce thought that it was worth more money than big abstract, whereas the opposite tended to be true when participants thought that big abstract took longer to paint. the data also indicated that the effect of perceived effort on perceived quality was independent of whether participants had self - professed expertise in the domain. self - identified art experts did not appear to rely on effort any less than novices, despite the fact that the self - identified experts were presumably more practiced at evaluating art. this points to the generality and intuitive appeal of effort as a heuristic for quality. = = = experiment 3 = = = in the third and final experiment, researchers asked participants to rate the quality of several images of medieval arms and armor presented on a computer screen. when rating the final target piece of armor, half of the participants were told that it took the blacksmith 110 hours to complete, and half were told that it took 15 hours. in addition to manipulating the perceived effort invested by the artist, researchers also varied the ambiguity of the stimulus to examine its potential as a moderator in the use of the effort heuristic. this was done by altering the resolution of the image where half of the participants viewed a high - resolution image of the piece, and half viewed a low - resolution image. experiment 3 produced similar results as the first two ; participants provided
and william edwards carlin. the two men claimed they had found large numbers of fossils in como bluff, and warned that there were others in the area " looking for such things ", which marsh took to mean cope. williston, who had just wearily arrived in kansas after the collapse of the morrison mine, was quickly dispatched to como bluff by marsh. his former student sent back a message, confirming the large quantities of bones and that it was cope's men snooping around the area. wary of repeating the same mistakes he had made with lakes, marsh quickly sent money to the two new bone hunters and urged them to send additional fossils. williston struck a preliminary bargain with carlin and reed ( who had been unable to cash marsh's check due to it being made out to their pseudonyms ), but carlin decided he would head to new haven to deal with marsh directly. marsh drew up a contract calling for a set monthly fee, with additional cash bonuses to carlin and reed possible, depending on the importance of the finds. marsh also reserved the right to send his own " superintendents " to supervise the digging if needed and advised the men to try to keep cope out of the region. despite a face - to - face meeting, carlin failed to negotiate better terms from marsh. the paleontologist procured carlin's and reed's services, but seeds of resentment were sown as the bone hunters felt marsh had bullied them into the deal. marsh's investment in the como bluff region soon produced rich results. while marsh's own collectors headed east for the winter, reed sent carloads of bones by rail to marsh throughout 1877. marsh described and named dinosaurs such as stegosaurus, allosaurus, and apatosaurus in the december 1877 issue of the american journal of science. despite marsh's precautions against alerting his rival to como bluff's rich bone beds, word of the discoveries rapidly spread. this was at least partly due to carlin and reed helping spread the rumors. they leaked information to the laramie daily sentinel, which published an article about the finds in april 1878 that exaggerated the price marsh had paid for the bones, possibly to raise prices and demand for more bones. marsh, attempting to cover the leak, learned from williston that carlin and reed had been visited by a man ostensibly working for cope by the name of " haines ". after learning of the como bluff discoveries, cope sent " dinosaur rustlers " to the area in an attempt to quietly steal
with a qualified electronic signature - the statement is non - repudiable. technically, a qualified electronic signature is implemented through an advanced electronic signature that utilizes a digital certificate, which has been encrypted through a security signature - creating device and which has been authenticated by a qualified trust service provider. = = in contract law = = since well before the american civil war began in 1861, morse code was used to send messages electrically via the telegraph. some of these messages were agreements to terms that were intended as enforceable contracts. an early acceptance of the enforceability of telegraphic messages as electronic signatures came from a new hampshire supreme court case, howley v. whipple, in 1869. in the 1980s, many companies and even some individuals began using fax machines for high - priority or time - sensitive delivery of documents. although the original signature on the original document was on paper, the image of the signature and its transmission was electronic. courts in various jurisdictions have decided that enforceable legality of electronic signatures can include agreements made by email, entering a personal identification number ( pin ) into a bank atm, signing a credit or debit slip with a digital pen pad device ( an application of graphics tablet technology ) at a point of sale, installing software with a clickwrap software license agreement on the package, and signing electronic documents online. the first agreement signed electronically by two sovereign nations was a joint communique recognizing the growing importance of the promotion of electronic commerce, signed by the united states and ireland in 1998. = = = enforceability = = = in 1996 the united nations published the uncitral model law on electronic commerce. article 7 of the uncitral model law on electronic commerce was highly influential in the development of electronic signature laws around the world, including in the us. in 2001, uncitral concluded work on a dedicated text, the uncitral model law on electronic signatures, which has been adopted in some 30 jurisdictions. article 9, paragraph 3 of the united nations convention on the use of electronic communications in international contracts, 2005, which establishes a mechanism for functional equivalence between electronic and handwritten signatures at the international level as well as for the cross - border recognition. the latest uncitral text dealing with electronic signatures is article 16 of the uncitral model law on the use and cross - border recognition of identity management and trust services ( 2022 ). canadian law ( pipeda ) attempts to clarify the situation by first defining a generic electronic signature as " a signature that consists of one or more letters,
the pie. rejecting the offer is in effect paying to punish the dictator ( called the proposer ). trust game – the same result as found in the dictator game shows up when the dictator's initial endowment is provided by their partner, even though this requires the first player to trust that something will be returned ( reciprocity ). this experiment often yields a 50 : 50 split of the endowment, and has been used as evidence of the inequity aversion model. in 2005, john list modified these experiments slightly to determine if something in the construction of the experiments was prompting specific behaviors. when given a choice to steal money from the other player, even a single dollar, the observed altruism all but disappeared. in another experiment, the two players were given a sum of money and the choice to give or take any amount from the other player. in this experiment, only 10 % of the participants gave the other person any money at all, and fully 40 % of the players opted to take all of the other player's money. the last such experiment was identical to the former, where 40 % were turned into a gang of robbers, with one catch : the two players were forced to earn the money by stuffing envelopes. in this last experiment, more than two thirds of the players neither took nor gave a cent, while just over 20 % still took some of the other player's money. in 2011, ert, erev and roth ran a model prediction competition on two datasets, each of which included 120 two - player games. in each game player 1 decides whether to " opt out " and determine the payoffs for both players, or to " opt in " and let player 2 decide about the payoff allocation by choosing between actions " left " or " right ". the payoffs were randomly selected, so the dataset included games like the ultimatum, dictator, and trust, as well as other games. the results suggested that inequity aversion could be described as one of many strategies that people might use in such games. other research in experimental economics addresses risk aversion in decision making and the comparison of inequality measures to subjective judgments on perceived inequalities. = = = studies of companies = = = surveys of employee opinions within firms have shown modern labor economists that inequity aversion is very important to them. employees compare not only relative salaries but also relative performance against that of co - workers. where these comparisons lead to guilt or envy, in
Answer:
|
not succeed, because he cashed the check without objection.
| null |
Ames had painted Bell's house under a contract which called for payment of $2,000. Bell, contending in good faith that the porch had not been painted properly, refused to pay anything. On June 15, Ames mailed a letter to Bell stating, "I am in serious need of money. Please send the $2,000 to me before July 1." On June 18, Bell replied, "I will settle for $1,800 provided that you agree to repaint the porch." Ames did not reply to this letter. Thereafter Bell mailed a check for $1,800 marked "Payment in full on the Ames-Bell painting contract as per letter dated June 18." Ames received the check on June 30. Because he was badly in need of money, check on June 30. Because he was badly in need of money, Questions Ames cashed the check without objection and spent the proceeds but has refused to repaint the porch.After cashing the check Ames sued Bell for $200. Ames probably will
0. succeed if he can prove that he had painted the porch according to specifications.
1. succeed, because he cashed the check under economic duress.
2. not succeed, because he cashed the check without objection.
3. not succeed, because he is entitled to recover only the reasonable value of his services
in law, non - repudiation is a situation where a statement's author cannot successfully dispute its authorship or the validity of an associated contract. the term is often seen in a legal setting when the authenticity of a signature is being challenged. in such an instance, the authenticity is being " repudiated ". for example, mallory buys a cell phone for $ 100, writes a paper cheque as payment, and signs the cheque with a pen. later, she finds that she can't afford it, and claims that the cheque is a forgery. the signature guarantees that only mallory could have signed the cheque, and so mallory's bank must pay the cheque. this is non - repudiation ; mallory cannot repudiate the cheque. in practice, pen - and - paper signatures are not hard to forge, but digital signatures can be very hard to break. = = in security = = in general, non - repudiation involves associating actions or changes with a unique individual. for example, a secure area may use a key card access system where non - repudiation would be violated if key cards were shared or if lost and stolen cards were not immediately reported. similarly, the owner of a computer account must not allow others to use it, such as by giving away their password, and a policy should be implemented to enforce this. = = = in digital security = = = in digital security, non - repudiation means : a service that provides proof of the integrity and origin of data. an authentication that can be said to be genuine with high confidence. an authentication that the data is available under specific circumstances, or for a period of time : data availability. proof of data integrity is typically the easiest of these requirements to accomplish. a data hash such as sha2 usually ensures that the data will not be changed undetectably. even with this safeguard, it is possible to tamper with data in transit, either through a man - in - the - middle attack or phishing. because of this, data integrity is best assessed when the recipient already possesses the necessary verification information, such as after being mutually authenticated. the common method to provide non - repudiation in the context of digital communications or storage is digital signatures, a more powerful tool that provides non - repudiation in a publicly verifiable manner. message authentication codes ( mac ), useful when the communicating parties have arranged to use a shared secret that they both possess, does not give non
and high effort. participants in the low effort condition were told that the writer spent 4 hours on the poem while participants in the high effort condition were told the poet spent 18 hours on the piece. the researchers combined the liking and quality measures into one composite result and found participants provided more favorable evaluations of the poem when they thought it took the poet 18 hours to compose rather than when they thought it took him 4 hours. they also judged the more effortful poem to be worth more money. = = = experiment 2 = = = in the second experiment, non - experts and self - identified experts individually evaluated the quality of two paintings by deborah kleven : 12 lines and big abstract. half of the participants were told that the former took 4 hours to paint and the latter 26 hours, and the other half were told the opposite. after rating each painting separately, participants then compared the two paintings directly. the results revealed that participants preferred 12 lines over big abstract when they thought 12 lines took longer to paint, but the opposite tended to be true when they thought that big abstract took longer to paint. the effort manipulation had a similar effect on participants estimates of how much the paintings were worth. participants who thought 12 lines took longer to produce thought that it was worth more money than big abstract, whereas the opposite tended to be true when participants thought that big abstract took longer to paint. the data also indicated that the effect of perceived effort on perceived quality was independent of whether participants had self - professed expertise in the domain. self - identified art experts did not appear to rely on effort any less than novices, despite the fact that the self - identified experts were presumably more practiced at evaluating art. this points to the generality and intuitive appeal of effort as a heuristic for quality. = = = experiment 3 = = = in the third and final experiment, researchers asked participants to rate the quality of several images of medieval arms and armor presented on a computer screen. when rating the final target piece of armor, half of the participants were told that it took the blacksmith 110 hours to complete, and half were told that it took 15 hours. in addition to manipulating the perceived effort invested by the artist, researchers also varied the ambiguity of the stimulus to examine its potential as a moderator in the use of the effort heuristic. this was done by altering the resolution of the image where half of the participants viewed a high - resolution image of the piece, and half viewed a low - resolution image. experiment 3 produced similar results as the first two ; participants provided
and william edwards carlin. the two men claimed they had found large numbers of fossils in como bluff, and warned that there were others in the area " looking for such things ", which marsh took to mean cope. williston, who had just wearily arrived in kansas after the collapse of the morrison mine, was quickly dispatched to como bluff by marsh. his former student sent back a message, confirming the large quantities of bones and that it was cope's men snooping around the area. wary of repeating the same mistakes he had made with lakes, marsh quickly sent money to the two new bone hunters and urged them to send additional fossils. williston struck a preliminary bargain with carlin and reed ( who had been unable to cash marsh's check due to it being made out to their pseudonyms ), but carlin decided he would head to new haven to deal with marsh directly. marsh drew up a contract calling for a set monthly fee, with additional cash bonuses to carlin and reed possible, depending on the importance of the finds. marsh also reserved the right to send his own " superintendents " to supervise the digging if needed and advised the men to try to keep cope out of the region. despite a face - to - face meeting, carlin failed to negotiate better terms from marsh. the paleontologist procured carlin's and reed's services, but seeds of resentment were sown as the bone hunters felt marsh had bullied them into the deal. marsh's investment in the como bluff region soon produced rich results. while marsh's own collectors headed east for the winter, reed sent carloads of bones by rail to marsh throughout 1877. marsh described and named dinosaurs such as stegosaurus, allosaurus, and apatosaurus in the december 1877 issue of the american journal of science. despite marsh's precautions against alerting his rival to como bluff's rich bone beds, word of the discoveries rapidly spread. this was at least partly due to carlin and reed helping spread the rumors. they leaked information to the laramie daily sentinel, which published an article about the finds in april 1878 that exaggerated the price marsh had paid for the bones, possibly to raise prices and demand for more bones. marsh, attempting to cover the leak, learned from williston that carlin and reed had been visited by a man ostensibly working for cope by the name of " haines ". after learning of the como bluff discoveries, cope sent " dinosaur rustlers " to the area in an attempt to quietly steal
with a qualified electronic signature - the statement is non - repudiable. technically, a qualified electronic signature is implemented through an advanced electronic signature that utilizes a digital certificate, which has been encrypted through a security signature - creating device and which has been authenticated by a qualified trust service provider. = = in contract law = = since well before the american civil war began in 1861, morse code was used to send messages electrically via the telegraph. some of these messages were agreements to terms that were intended as enforceable contracts. an early acceptance of the enforceability of telegraphic messages as electronic signatures came from a new hampshire supreme court case, howley v. whipple, in 1869. in the 1980s, many companies and even some individuals began using fax machines for high - priority or time - sensitive delivery of documents. although the original signature on the original document was on paper, the image of the signature and its transmission was electronic. courts in various jurisdictions have decided that enforceable legality of electronic signatures can include agreements made by email, entering a personal identification number ( pin ) into a bank atm, signing a credit or debit slip with a digital pen pad device ( an application of graphics tablet technology ) at a point of sale, installing software with a clickwrap software license agreement on the package, and signing electronic documents online. the first agreement signed electronically by two sovereign nations was a joint communique recognizing the growing importance of the promotion of electronic commerce, signed by the united states and ireland in 1998. = = = enforceability = = = in 1996 the united nations published the uncitral model law on electronic commerce. article 7 of the uncitral model law on electronic commerce was highly influential in the development of electronic signature laws around the world, including in the us. in 2001, uncitral concluded work on a dedicated text, the uncitral model law on electronic signatures, which has been adopted in some 30 jurisdictions. article 9, paragraph 3 of the united nations convention on the use of electronic communications in international contracts, 2005, which establishes a mechanism for functional equivalence between electronic and handwritten signatures at the international level as well as for the cross - border recognition. the latest uncitral text dealing with electronic signatures is article 16 of the uncitral model law on the use and cross - border recognition of identity management and trust services ( 2022 ). canadian law ( pipeda ) attempts to clarify the situation by first defining a generic electronic signature as " a signature that consists of one or more letters,
the pie. rejecting the offer is in effect paying to punish the dictator ( called the proposer ). trust game – the same result as found in the dictator game shows up when the dictator's initial endowment is provided by their partner, even though this requires the first player to trust that something will be returned ( reciprocity ). this experiment often yields a 50 : 50 split of the endowment, and has been used as evidence of the inequity aversion model. in 2005, john list modified these experiments slightly to determine if something in the construction of the experiments was prompting specific behaviors. when given a choice to steal money from the other player, even a single dollar, the observed altruism all but disappeared. in another experiment, the two players were given a sum of money and the choice to give or take any amount from the other player. in this experiment, only 10 % of the participants gave the other person any money at all, and fully 40 % of the players opted to take all of the other player's money. the last such experiment was identical to the former, where 40 % were turned into a gang of robbers, with one catch : the two players were forced to earn the money by stuffing envelopes. in this last experiment, more than two thirds of the players neither took nor gave a cent, while just over 20 % still took some of the other player's money. in 2011, ert, erev and roth ran a model prediction competition on two datasets, each of which included 120 two - player games. in each game player 1 decides whether to " opt out " and determine the payoffs for both players, or to " opt in " and let player 2 decide about the payoff allocation by choosing between actions " left " or " right ". the payoffs were randomly selected, so the dataset included games like the ultimatum, dictator, and trust, as well as other games. the results suggested that inequity aversion could be described as one of many strategies that people might use in such games. other research in experimental economics addresses risk aversion in decision making and the comparison of inequality measures to subjective judgments on perceived inequalities. = = = studies of companies = = = surveys of employee opinions within firms have shown modern labor economists that inequity aversion is very important to them. employees compare not only relative salaries but also relative performance against that of co - workers. where these comparisons lead to guilt or envy, in
Answer:
|
succeed if he can prove that he had painted the porch according to specifications.
| 0.3 |
Ames had painted Bell's house under a contract which called for payment of $2,000. Bell, contending in good faith that the porch had not been painted properly, refused to pay anything. On June 15, Ames mailed a letter to Bell stating, "I am in serious need of money. Please send the $2,000 to me before July 1." On June 18, Bell replied, "I will settle for $1,800 provided that you agree to repaint the porch." Ames did not reply to this letter. Thereafter Bell mailed a check for $1,800 marked "Payment in full on the Ames-Bell painting contract as per letter dated June 18." Ames received the check on June 30. Because he was badly in need of money, check on June 30. Because he was badly in need of money, Questions Ames cashed the check without objection and spent the proceeds but has refused to repaint the porch.In an action by Bell against Ames for any provable damages Bell sustained because the porch was not repainted, Bell probably will
0. succeed, because by cashing the check Ames impliedly promised to repaint the porch.
1. succeed, because Ames accepted Bell's offer by not replying to the letter of June 18.
2. not succeed, because Bell's letter of June 18 was a counteroffer which Ames never accepted.
3. not succeed, because there is no consideration to support Ames's promise, if any
in law, non - repudiation is a situation where a statement's author cannot successfully dispute its authorship or the validity of an associated contract. the term is often seen in a legal setting when the authenticity of a signature is being challenged. in such an instance, the authenticity is being " repudiated ". for example, mallory buys a cell phone for $ 100, writes a paper cheque as payment, and signs the cheque with a pen. later, she finds that she can't afford it, and claims that the cheque is a forgery. the signature guarantees that only mallory could have signed the cheque, and so mallory's bank must pay the cheque. this is non - repudiation ; mallory cannot repudiate the cheque. in practice, pen - and - paper signatures are not hard to forge, but digital signatures can be very hard to break. = = in security = = in general, non - repudiation involves associating actions or changes with a unique individual. for example, a secure area may use a key card access system where non - repudiation would be violated if key cards were shared or if lost and stolen cards were not immediately reported. similarly, the owner of a computer account must not allow others to use it, such as by giving away their password, and a policy should be implemented to enforce this. = = = in digital security = = = in digital security, non - repudiation means : a service that provides proof of the integrity and origin of data. an authentication that can be said to be genuine with high confidence. an authentication that the data is available under specific circumstances, or for a period of time : data availability. proof of data integrity is typically the easiest of these requirements to accomplish. a data hash such as sha2 usually ensures that the data will not be changed undetectably. even with this safeguard, it is possible to tamper with data in transit, either through a man - in - the - middle attack or phishing. because of this, data integrity is best assessed when the recipient already possesses the necessary verification information, such as after being mutually authenticated. the common method to provide non - repudiation in the context of digital communications or storage is digital signatures, a more powerful tool that provides non - repudiation in a publicly verifiable manner. message authentication codes ( mac ), useful when the communicating parties have arranged to use a shared secret that they both possess, does not give non
and high effort. participants in the low effort condition were told that the writer spent 4 hours on the poem while participants in the high effort condition were told the poet spent 18 hours on the piece. the researchers combined the liking and quality measures into one composite result and found participants provided more favorable evaluations of the poem when they thought it took the poet 18 hours to compose rather than when they thought it took him 4 hours. they also judged the more effortful poem to be worth more money. = = = experiment 2 = = = in the second experiment, non - experts and self - identified experts individually evaluated the quality of two paintings by deborah kleven : 12 lines and big abstract. half of the participants were told that the former took 4 hours to paint and the latter 26 hours, and the other half were told the opposite. after rating each painting separately, participants then compared the two paintings directly. the results revealed that participants preferred 12 lines over big abstract when they thought 12 lines took longer to paint, but the opposite tended to be true when they thought that big abstract took longer to paint. the effort manipulation had a similar effect on participants estimates of how much the paintings were worth. participants who thought 12 lines took longer to produce thought that it was worth more money than big abstract, whereas the opposite tended to be true when participants thought that big abstract took longer to paint. the data also indicated that the effect of perceived effort on perceived quality was independent of whether participants had self - professed expertise in the domain. self - identified art experts did not appear to rely on effort any less than novices, despite the fact that the self - identified experts were presumably more practiced at evaluating art. this points to the generality and intuitive appeal of effort as a heuristic for quality. = = = experiment 3 = = = in the third and final experiment, researchers asked participants to rate the quality of several images of medieval arms and armor presented on a computer screen. when rating the final target piece of armor, half of the participants were told that it took the blacksmith 110 hours to complete, and half were told that it took 15 hours. in addition to manipulating the perceived effort invested by the artist, researchers also varied the ambiguity of the stimulus to examine its potential as a moderator in the use of the effort heuristic. this was done by altering the resolution of the image where half of the participants viewed a high - resolution image of the piece, and half viewed a low - resolution image. experiment 3 produced similar results as the first two ; participants provided
and william edwards carlin. the two men claimed they had found large numbers of fossils in como bluff, and warned that there were others in the area " looking for such things ", which marsh took to mean cope. williston, who had just wearily arrived in kansas after the collapse of the morrison mine, was quickly dispatched to como bluff by marsh. his former student sent back a message, confirming the large quantities of bones and that it was cope's men snooping around the area. wary of repeating the same mistakes he had made with lakes, marsh quickly sent money to the two new bone hunters and urged them to send additional fossils. williston struck a preliminary bargain with carlin and reed ( who had been unable to cash marsh's check due to it being made out to their pseudonyms ), but carlin decided he would head to new haven to deal with marsh directly. marsh drew up a contract calling for a set monthly fee, with additional cash bonuses to carlin and reed possible, depending on the importance of the finds. marsh also reserved the right to send his own " superintendents " to supervise the digging if needed and advised the men to try to keep cope out of the region. despite a face - to - face meeting, carlin failed to negotiate better terms from marsh. the paleontologist procured carlin's and reed's services, but seeds of resentment were sown as the bone hunters felt marsh had bullied them into the deal. marsh's investment in the como bluff region soon produced rich results. while marsh's own collectors headed east for the winter, reed sent carloads of bones by rail to marsh throughout 1877. marsh described and named dinosaurs such as stegosaurus, allosaurus, and apatosaurus in the december 1877 issue of the american journal of science. despite marsh's precautions against alerting his rival to como bluff's rich bone beds, word of the discoveries rapidly spread. this was at least partly due to carlin and reed helping spread the rumors. they leaked information to the laramie daily sentinel, which published an article about the finds in april 1878 that exaggerated the price marsh had paid for the bones, possibly to raise prices and demand for more bones. marsh, attempting to cover the leak, learned from williston that carlin and reed had been visited by a man ostensibly working for cope by the name of " haines ". after learning of the como bluff discoveries, cope sent " dinosaur rustlers " to the area in an attempt to quietly steal
with a qualified electronic signature - the statement is non - repudiable. technically, a qualified electronic signature is implemented through an advanced electronic signature that utilizes a digital certificate, which has been encrypted through a security signature - creating device and which has been authenticated by a qualified trust service provider. = = in contract law = = since well before the american civil war began in 1861, morse code was used to send messages electrically via the telegraph. some of these messages were agreements to terms that were intended as enforceable contracts. an early acceptance of the enforceability of telegraphic messages as electronic signatures came from a new hampshire supreme court case, howley v. whipple, in 1869. in the 1980s, many companies and even some individuals began using fax machines for high - priority or time - sensitive delivery of documents. although the original signature on the original document was on paper, the image of the signature and its transmission was electronic. courts in various jurisdictions have decided that enforceable legality of electronic signatures can include agreements made by email, entering a personal identification number ( pin ) into a bank atm, signing a credit or debit slip with a digital pen pad device ( an application of graphics tablet technology ) at a point of sale, installing software with a clickwrap software license agreement on the package, and signing electronic documents online. the first agreement signed electronically by two sovereign nations was a joint communique recognizing the growing importance of the promotion of electronic commerce, signed by the united states and ireland in 1998. = = = enforceability = = = in 1996 the united nations published the uncitral model law on electronic commerce. article 7 of the uncitral model law on electronic commerce was highly influential in the development of electronic signature laws around the world, including in the us. in 2001, uncitral concluded work on a dedicated text, the uncitral model law on electronic signatures, which has been adopted in some 30 jurisdictions. article 9, paragraph 3 of the united nations convention on the use of electronic communications in international contracts, 2005, which establishes a mechanism for functional equivalence between electronic and handwritten signatures at the international level as well as for the cross - border recognition. the latest uncitral text dealing with electronic signatures is article 16 of the uncitral model law on the use and cross - border recognition of identity management and trust services ( 2022 ). canadian law ( pipeda ) attempts to clarify the situation by first defining a generic electronic signature as " a signature that consists of one or more letters,
honest hin. " = = = prohibition of monetary deception ( ona'at mamon ) = = = leviticus 25 : 14 teaches : " when you sell anything to your neighbor or buy anything from your neighbor, you shall not deceive one another. " the talmud ( bava metzia 49b and 50b ) and later codes ( rambam, mekhira, chapter 12 ) expand on this verse to create a series of specific laws prohibiting ona'ah, monetary deception. the prohibition is on the sale of an article at so much more, or to the purchase of an article at so much less, than its market value that fraud or the taking of an undue advantage is presumed. a discrepancy of one - sixth enables the wronged party to secure the cancelation of the sale or purchase ; that is, an article worth six money - units in the market may not be sold for seven or bought for five ( b. m. 49b ). it seems that overcharge by the merchant selling to the consumer was the most frequent instance in which the application of the rule was called for ; the claim had to be made as soon as the buyer had had an opportunity to show his purchase to a merchant or to one of his friends. it is said that r. tarfon taught at lydda that the discrepancy must amount to one - third to justify an action, whereupon the merchants rejoiced ; but when he extended the time for rescission to the whole day they demanded the restoration of the old rule. either seller or purchaser, whether merchant or one in private life, may make the complaint, notwithstanding the opinion to the contrary of r. judah ben ilai. the purchaser imposed upon may ask either for rescission of the transaction or for the return of the excess paid by him. in the case of changing money it was suggested that a lack in weight of even one in twelve should be sufficient ground for complaint, but the prevailing opinion fixed here also the ratio of one in six. within a great city the time for complaint extends until the money in question can be shown to a money - changer ; in villages, where no money - changer is to be found, until the eve of the sabbath, when the party deceived is apt to tender the coin in payment for his purchases. = = = prohibition of verbal deception ( ona'at devarim ) = = = leviticus 25 : 17 teaches : "
Answer:
|
succeed, because by cashing the check Ames impliedly promised to repaint the porch.
| null |
Ames had painted Bell's house under a contract which called for payment of $2,000. Bell, contending in good faith that the porch had not been painted properly, refused to pay anything. On June 15, Ames mailed a letter to Bell stating, "I am in serious need of money. Please send the $2,000 to me before July 1." On June 18, Bell replied, "I will settle for $1,800 provided that you agree to repaint the porch." Ames did not reply to this letter. Thereafter Bell mailed a check for $1,800 marked "Payment in full on the Ames-Bell painting contract as per letter dated June 18." Ames received the check on June 30. Because he was badly in need of money, check on June 30. Because he was badly in need of money, Questions Ames cashed the check without objection and spent the proceeds but has refused to repaint the porch.In an action by Bell against Ames for any provable damages Bell sustained because the porch was not repainted, Bell probably will
0. succeed, because by cashing the check Ames impliedly promised to repaint the porch.
1. succeed, because Ames accepted Bell's offer by not replying to the letter of June 18.
2. not succeed, because Bell's letter of June 18 was a counteroffer which Ames never accepted.
3. not succeed, because there is no consideration to support Ames's promise, if any
in law, non - repudiation is a situation where a statement's author cannot successfully dispute its authorship or the validity of an associated contract. the term is often seen in a legal setting when the authenticity of a signature is being challenged. in such an instance, the authenticity is being " repudiated ". for example, mallory buys a cell phone for $ 100, writes a paper cheque as payment, and signs the cheque with a pen. later, she finds that she can't afford it, and claims that the cheque is a forgery. the signature guarantees that only mallory could have signed the cheque, and so mallory's bank must pay the cheque. this is non - repudiation ; mallory cannot repudiate the cheque. in practice, pen - and - paper signatures are not hard to forge, but digital signatures can be very hard to break. = = in security = = in general, non - repudiation involves associating actions or changes with a unique individual. for example, a secure area may use a key card access system where non - repudiation would be violated if key cards were shared or if lost and stolen cards were not immediately reported. similarly, the owner of a computer account must not allow others to use it, such as by giving away their password, and a policy should be implemented to enforce this. = = = in digital security = = = in digital security, non - repudiation means : a service that provides proof of the integrity and origin of data. an authentication that can be said to be genuine with high confidence. an authentication that the data is available under specific circumstances, or for a period of time : data availability. proof of data integrity is typically the easiest of these requirements to accomplish. a data hash such as sha2 usually ensures that the data will not be changed undetectably. even with this safeguard, it is possible to tamper with data in transit, either through a man - in - the - middle attack or phishing. because of this, data integrity is best assessed when the recipient already possesses the necessary verification information, such as after being mutually authenticated. the common method to provide non - repudiation in the context of digital communications or storage is digital signatures, a more powerful tool that provides non - repudiation in a publicly verifiable manner. message authentication codes ( mac ), useful when the communicating parties have arranged to use a shared secret that they both possess, does not give non
and high effort. participants in the low effort condition were told that the writer spent 4 hours on the poem while participants in the high effort condition were told the poet spent 18 hours on the piece. the researchers combined the liking and quality measures into one composite result and found participants provided more favorable evaluations of the poem when they thought it took the poet 18 hours to compose rather than when they thought it took him 4 hours. they also judged the more effortful poem to be worth more money. = = = experiment 2 = = = in the second experiment, non - experts and self - identified experts individually evaluated the quality of two paintings by deborah kleven : 12 lines and big abstract. half of the participants were told that the former took 4 hours to paint and the latter 26 hours, and the other half were told the opposite. after rating each painting separately, participants then compared the two paintings directly. the results revealed that participants preferred 12 lines over big abstract when they thought 12 lines took longer to paint, but the opposite tended to be true when they thought that big abstract took longer to paint. the effort manipulation had a similar effect on participants estimates of how much the paintings were worth. participants who thought 12 lines took longer to produce thought that it was worth more money than big abstract, whereas the opposite tended to be true when participants thought that big abstract took longer to paint. the data also indicated that the effect of perceived effort on perceived quality was independent of whether participants had self - professed expertise in the domain. self - identified art experts did not appear to rely on effort any less than novices, despite the fact that the self - identified experts were presumably more practiced at evaluating art. this points to the generality and intuitive appeal of effort as a heuristic for quality. = = = experiment 3 = = = in the third and final experiment, researchers asked participants to rate the quality of several images of medieval arms and armor presented on a computer screen. when rating the final target piece of armor, half of the participants were told that it took the blacksmith 110 hours to complete, and half were told that it took 15 hours. in addition to manipulating the perceived effort invested by the artist, researchers also varied the ambiguity of the stimulus to examine its potential as a moderator in the use of the effort heuristic. this was done by altering the resolution of the image where half of the participants viewed a high - resolution image of the piece, and half viewed a low - resolution image. experiment 3 produced similar results as the first two ; participants provided
and william edwards carlin. the two men claimed they had found large numbers of fossils in como bluff, and warned that there were others in the area " looking for such things ", which marsh took to mean cope. williston, who had just wearily arrived in kansas after the collapse of the morrison mine, was quickly dispatched to como bluff by marsh. his former student sent back a message, confirming the large quantities of bones and that it was cope's men snooping around the area. wary of repeating the same mistakes he had made with lakes, marsh quickly sent money to the two new bone hunters and urged them to send additional fossils. williston struck a preliminary bargain with carlin and reed ( who had been unable to cash marsh's check due to it being made out to their pseudonyms ), but carlin decided he would head to new haven to deal with marsh directly. marsh drew up a contract calling for a set monthly fee, with additional cash bonuses to carlin and reed possible, depending on the importance of the finds. marsh also reserved the right to send his own " superintendents " to supervise the digging if needed and advised the men to try to keep cope out of the region. despite a face - to - face meeting, carlin failed to negotiate better terms from marsh. the paleontologist procured carlin's and reed's services, but seeds of resentment were sown as the bone hunters felt marsh had bullied them into the deal. marsh's investment in the como bluff region soon produced rich results. while marsh's own collectors headed east for the winter, reed sent carloads of bones by rail to marsh throughout 1877. marsh described and named dinosaurs such as stegosaurus, allosaurus, and apatosaurus in the december 1877 issue of the american journal of science. despite marsh's precautions against alerting his rival to como bluff's rich bone beds, word of the discoveries rapidly spread. this was at least partly due to carlin and reed helping spread the rumors. they leaked information to the laramie daily sentinel, which published an article about the finds in april 1878 that exaggerated the price marsh had paid for the bones, possibly to raise prices and demand for more bones. marsh, attempting to cover the leak, learned from williston that carlin and reed had been visited by a man ostensibly working for cope by the name of " haines ". after learning of the como bluff discoveries, cope sent " dinosaur rustlers " to the area in an attempt to quietly steal
with a qualified electronic signature - the statement is non - repudiable. technically, a qualified electronic signature is implemented through an advanced electronic signature that utilizes a digital certificate, which has been encrypted through a security signature - creating device and which has been authenticated by a qualified trust service provider. = = in contract law = = since well before the american civil war began in 1861, morse code was used to send messages electrically via the telegraph. some of these messages were agreements to terms that were intended as enforceable contracts. an early acceptance of the enforceability of telegraphic messages as electronic signatures came from a new hampshire supreme court case, howley v. whipple, in 1869. in the 1980s, many companies and even some individuals began using fax machines for high - priority or time - sensitive delivery of documents. although the original signature on the original document was on paper, the image of the signature and its transmission was electronic. courts in various jurisdictions have decided that enforceable legality of electronic signatures can include agreements made by email, entering a personal identification number ( pin ) into a bank atm, signing a credit or debit slip with a digital pen pad device ( an application of graphics tablet technology ) at a point of sale, installing software with a clickwrap software license agreement on the package, and signing electronic documents online. the first agreement signed electronically by two sovereign nations was a joint communique recognizing the growing importance of the promotion of electronic commerce, signed by the united states and ireland in 1998. = = = enforceability = = = in 1996 the united nations published the uncitral model law on electronic commerce. article 7 of the uncitral model law on electronic commerce was highly influential in the development of electronic signature laws around the world, including in the us. in 2001, uncitral concluded work on a dedicated text, the uncitral model law on electronic signatures, which has been adopted in some 30 jurisdictions. article 9, paragraph 3 of the united nations convention on the use of electronic communications in international contracts, 2005, which establishes a mechanism for functional equivalence between electronic and handwritten signatures at the international level as well as for the cross - border recognition. the latest uncitral text dealing with electronic signatures is article 16 of the uncitral model law on the use and cross - border recognition of identity management and trust services ( 2022 ). canadian law ( pipeda ) attempts to clarify the situation by first defining a generic electronic signature as " a signature that consists of one or more letters,
honest hin. " = = = prohibition of monetary deception ( ona'at mamon ) = = = leviticus 25 : 14 teaches : " when you sell anything to your neighbor or buy anything from your neighbor, you shall not deceive one another. " the talmud ( bava metzia 49b and 50b ) and later codes ( rambam, mekhira, chapter 12 ) expand on this verse to create a series of specific laws prohibiting ona'ah, monetary deception. the prohibition is on the sale of an article at so much more, or to the purchase of an article at so much less, than its market value that fraud or the taking of an undue advantage is presumed. a discrepancy of one - sixth enables the wronged party to secure the cancelation of the sale or purchase ; that is, an article worth six money - units in the market may not be sold for seven or bought for five ( b. m. 49b ). it seems that overcharge by the merchant selling to the consumer was the most frequent instance in which the application of the rule was called for ; the claim had to be made as soon as the buyer had had an opportunity to show his purchase to a merchant or to one of his friends. it is said that r. tarfon taught at lydda that the discrepancy must amount to one - third to justify an action, whereupon the merchants rejoiced ; but when he extended the time for rescission to the whole day they demanded the restoration of the old rule. either seller or purchaser, whether merchant or one in private life, may make the complaint, notwithstanding the opinion to the contrary of r. judah ben ilai. the purchaser imposed upon may ask either for rescission of the transaction or for the return of the excess paid by him. in the case of changing money it was suggested that a lack in weight of even one in twelve should be sufficient ground for complaint, but the prevailing opinion fixed here also the ratio of one in six. within a great city the time for complaint extends until the money in question can be shown to a money - changer ; in villages, where no money - changer is to be found, until the eve of the sabbath, when the party deceived is apt to tender the coin in payment for his purchases. = = = prohibition of verbal deception ( ona'at devarim ) = = = leviticus 25 : 17 teaches : "
Answer:
|
not succeed, because there is no consideration to support Ames's promise, if any
| 0.3 |
End of preview. Expand
in Data Studio
README.md exists but content is empty.
- Downloads last month
- -