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 |
The State of Aurora requires licenses of persons "who are engaged in the trade of barbering." It will grant such licenses only to those who are graduates of barber schools located in Aurora, who have resided in the state for two years, and who are citizens of the United States. The requirement that candidates for license must be graduates of barber schools in Aurora is probably
0. unconstitutional as an undue burden on interstate commerce.
1. unconstitutional as a violation of the privileges and immunities clause of the Fourteenth Amendment.
2. constitutional, because the state does not know the quality of out-of-state barber schools.
3. constitutional, because barbering is a privilege and not a right
a future " as - applied " constitutional challenge, however. in november 2006, a lawsuit was filed against the north central regional library district ( ncrl ) in washington state for its policy of refusing to disable restrictions upon requests of adult patrons, but cipa was not challenged in that matter. in may 2010, the washington state supreme court provided an opinion after it was asked to certify a question referred by the united states district court for the eastern district of washington : " whether a public library, consistent with article i, § 5 of the washington constitution, may filter internet access for all patrons without disabling web sites containing constitutionally - protected speech upon the request of an adult library patron. " the washington state supreme court ruled that ncrl's internet filtering policy did not violate article i, section 5 of the washington state constitution. the court said : " it appears to us that ncrl's filtering policy is reasonable and accords with its mission and these policies and is viewpoint neutral. it appears that no article i, section 5 content - based violation exists in this case. ncrl's essential mission is to promote reading and lifelong learning. as ncrl maintains, it is reasonable to impose restrictions on internet access in order to maintain an environment that is conducive to study and contemplative thought. " the case returned to federal court. in march 2007, virginia passed a law similar to cipa that requires public libraries receiving state funds to use content - control software. like cipa, the law requires libraries to disable filters for an adult library user when requested to do so by the user. = = bypassing filters = = content filtering in general can " be bypassed entirely by tech - savvy individuals. " blocking content on a device " [ will not ] … guarantee that users won't eventually be able to find a way around the filter. " content providers may change urls or ip addresses to circumvent filtering. individuals with technical expertise may use a different method by employing multiple domains or urls that direct to a shared ip address where restricted content is present. this strategy doesn't circumvent ip packet filtering, however can evade dns poisoning and web proxies. additionally, perpetrators may use mirrored websites that avoid filters. some software may be bypassed successfully by using alternative protocols such as ftp or telnet or https, conducting searches in a different language, using a proxy server or a circumventor such as psiphon. also cached web pages
, it is unlawful for private employers with 15 or more employees along with state and local government employers to discriminate against applicants based on the following : race, color, sex ( including pregnancy ), national origin, age ( 40 or over ), disability, or genetic information ( note : additional classes may be protected depending on state or local law ). more specifically, an employer cannot legally " fail or refuse to hire or to discharge any individual, or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privilege of employment " or " to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee. " the civil rights act of 1964 and 1991 ( title vii ) were passed into law to prevent the discrimination of individuals due to race, color, religion, sex, or national origin. the pregnancy discrimination act was added as an amendment and protects women if they are pregnant or have a pregnancy - related condition. the age discrimination in employment act of 1967 prohibits discriminatory practice directed against individuals who are 40 years of age and older. although some states ( e. g. new york ) do have laws preventing the discrimination of individuals younger than 40, no federal law exists. the americans with disabilities act of 1990 protects qualified individuals who currently have or in the past have had a physical or mental disability ( current users of illegal drugs are not covered under this act ). a person is covered if he has a disability that substantially limits a major life activity, has a history of a disability, is regarded by others as being disabled, or has a physical or mental impairment that is not transitory ( lasting or expected to last six months or less ) and minor. in order to be covered under this act, the individual must be qualified for the job. a qualified individual is " an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires. " unless the disability poses an " undue hardship, " reasonable accommodations must be made by the organization. " in general, an accommodation is any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities. " examples of reasonable accommodations are changing the workspace of an individual in a wheelchair to make it more wheelchair accessible, modifying work schedules, and / or modifying equipment.
= = k – 12 education = = = = before the self - advocacy movement, many people with intellectual and developmental disabilities in the us were not allowed to attend school. their families had to either keep them at home or send them to an institution. some institutions were supposed to provide the people there with education. institutions specifically for people with intellectual and developmental disabilities were called state schools. however, in practice, the education provide was insufficient or nonexistent. these " schools " turned into warehouses, full of abuse and neglect. in 1972, pennsylvania association for retarded citizens v. commonwealth of pennsylvania overturned the state law that forbid children with intellectual disabilities from attending school. it established that states had to provide a free public education for all children. mills v. board of education of district of columbia ruled that the schools must provide accommodations to students so that they can attend public school. in 1975, president gerald ford signed the education for handicapped children act ( now known as the individuals with disabilities education act ). this law entitles all children to receive a free and appropriate public education ( fape ). the law requires schools to provide students with accommodations and support to attend school. the least restrictive environment clause means that students must be, whenever possible, educated in mainstream classrooms with their non - disabled peers. despite this, many people with intellectual and developmental disabilities are segregated in special education classrooms and not given the accommodations they need to succeed. = = = civil rights = = = = = = relationship to other movements = = = the self - advocacy movement developed alongside other movements, including the civil rights movement seeing a common goal in fighting for equal treatment. john f. kennedy, in addition to passing civil rights legislation, also assembled a president's panel on mental retardation. self - advocates framed their demands using a rights - based framework. notable cases against institutions were based on the infringement of their civil rights. self - advocacy developed concurrently but often separately to the independent living movement and the larger disability rights movement in the 1960s and 1970s. these movements were mostly made up of people with physical disabilities. ed roberts described a " hierarchy of disability " where certain disabilities were considered to rank higher than others. in these hierarchies, people with intellectual and developmental disabilities were seen as at the bottom. bette mcmuldren discussed the early independent living movement, saying " i remember even then – and i know independent living programs are still struggling with this now – we were trying to include people who had developmental disabilities, and we were trying to figure out how
on lobbying to lower future illegal immigration levels through congressional action, and to fight amnesties for existing illegal immigrants. many immigration restrictionists question the 1898 supreme court ruling u. s. v. wong kim ark, which held that individuals born on u. s. soil to non - citizen parents are u. s. citizens and guaranteed all the rights thereof. they feel that citizenship should be denied to the children of immigrants without valid immigration status. thus they have sought to end birthright citizenship, through a constitutional amendment or a congressional act. denial of public benefits to undocumented individuals is believed to remove the incentives and rewards for illegal immigrants. the 1994 california proposition 187 and the 2004 arizona proposition 200 protect arizona now were written to require proof of legal status in order to receive non - mandated benefits. on january 29, 2025, a majority of legislators in the tennessee senate voted to adopt sb6002, a bill which " creates criminal penalties for officials who adopt sanctuary policies and subsequently requires their removal from office upon conviction ". the act charges a class e felony, resulting in a potential prison sentence of between one to six years, upon " each official who, in their capacity as a member of the governing body of a local government, votes in the affirmative to adopt a sanctuary policy ". = = differences within immigration reductionism = = many who support reduced immigration numbers oppose association with the more extreme groups. the federation for american immigration reform has spoken out in 2004 against the views of another reductionist leader, virginia abernethy, calling her views " repulsive separatist views, " and called on her to resign from the advisory board of protect arizona now in arizona. peb and ccn are also critical of fair for fair's support of a national id card, which peb and ccn oppose. the protect arizona now movement split, with two rival state - level organizations, one supported by fair, the other supported by peb and ccn, working to support the passage of the ballot initiative. = = public opinion on immigration reduction = = some polls such as a late 2013 survey by the public religion research institute have found widespread opposition to immigration reduction. said survey stated that 63 % of americans support creating a pathway to citizenship so that formerly illegal residents of the u. s. could gradually acquire it while only 18 % back a hypothetical plan to find and deport all illegal residents. = = see also = = xenophobia in the united states illegal immigration to the united states immigration reform population control great replacement in the united states
for a noise ordinance. excess non - occupational noise exposure, hearing loss on both public and private property, speech interference on both public and private property, audio interference on both public and private property, and sleep interference on mostly private property. = = = some legal considerations in the united states = = = there are several fundamental issues that shape the legality, effectiveness and enforceability of any community noise regulation. = = = = preemption = = = = the federal government has preempted certain areas of noise regulation. they can be found in the code of federal regulations under the epa noise abatement programs ; parts 201 to 205 and 211 cover railroads, motor carriers in interstate commerce, construction equipment, and motor vehicles. they require product labeling and prohibit tampering with noise control devices. communities may enact regulations that are no more strict than the federal ones so that local enforcement can be carried out. they can enact curfews and restrict vehicle use in established zones such as residential. any restriction on interstate motor carriers or railroads may not be for the purpose of noise control. states have police powers granted by the constitution. they may also enact regulations that are no more strict than federal regulations. they may also preempt local ordinances. california and new jersey have comprehensive noise codes that communities must meet. many states required that local ordinances be no more strict than the state code whether such code exists or not. one relatively common preemption is protection of shooting ranges from noise regulation or litigation and right to farm laws that protect agricultural areas from nuisance litigation by encroaching residential areas. = = = = constitutional vagueness = = = = in one state court case, the court declared that numerical sound levels were constitutional as not void for vagueness, as the term plainly audible provided it was associated with a reasonable distance. two requirements for a noise ordinance provision is that : provide fair warning avoid the possibility of arbitrary enforcement = = = = overbreadth = = = = in one supreme court case the court ruled that the specificity of the city ordinance regulating school verbal protests was not constitutionally vague, gave fair warning, and was not an invitation to arbitrary enforcement and so was not overbroad, despite the implied limitation on free speech. = = = = nuisance = = = = nuisance law applies to both community noise regulation as well as private suits brought to court to reduce noise impact. = = = = enforceability = = = = care must be taken in writing a subjective noise provision so that
Answer:
|
unconstitutional as an undue burden on interstate commerce.
| null |
The State of Aurora requires licenses of persons "who are engaged in the trade of barbering." It will grant such licenses only to those who are graduates of barber schools located in Aurora, who have resided in the state for two years, and who are citizens of the United States. The requirement that candidates for license must be graduates of barber schools in Aurora is probably
0. unconstitutional as an undue burden on interstate commerce.
1. unconstitutional as a violation of the privileges and immunities clause of the Fourteenth Amendment.
2. constitutional, because the state does not know the quality of out-of-state barber schools.
3. constitutional, because barbering is a privilege and not a right
a future " as - applied " constitutional challenge, however. in november 2006, a lawsuit was filed against the north central regional library district ( ncrl ) in washington state for its policy of refusing to disable restrictions upon requests of adult patrons, but cipa was not challenged in that matter. in may 2010, the washington state supreme court provided an opinion after it was asked to certify a question referred by the united states district court for the eastern district of washington : " whether a public library, consistent with article i, § 5 of the washington constitution, may filter internet access for all patrons without disabling web sites containing constitutionally - protected speech upon the request of an adult library patron. " the washington state supreme court ruled that ncrl's internet filtering policy did not violate article i, section 5 of the washington state constitution. the court said : " it appears to us that ncrl's filtering policy is reasonable and accords with its mission and these policies and is viewpoint neutral. it appears that no article i, section 5 content - based violation exists in this case. ncrl's essential mission is to promote reading and lifelong learning. as ncrl maintains, it is reasonable to impose restrictions on internet access in order to maintain an environment that is conducive to study and contemplative thought. " the case returned to federal court. in march 2007, virginia passed a law similar to cipa that requires public libraries receiving state funds to use content - control software. like cipa, the law requires libraries to disable filters for an adult library user when requested to do so by the user. = = bypassing filters = = content filtering in general can " be bypassed entirely by tech - savvy individuals. " blocking content on a device " [ will not ] … guarantee that users won't eventually be able to find a way around the filter. " content providers may change urls or ip addresses to circumvent filtering. individuals with technical expertise may use a different method by employing multiple domains or urls that direct to a shared ip address where restricted content is present. this strategy doesn't circumvent ip packet filtering, however can evade dns poisoning and web proxies. additionally, perpetrators may use mirrored websites that avoid filters. some software may be bypassed successfully by using alternative protocols such as ftp or telnet or https, conducting searches in a different language, using a proxy server or a circumventor such as psiphon. also cached web pages
, it is unlawful for private employers with 15 or more employees along with state and local government employers to discriminate against applicants based on the following : race, color, sex ( including pregnancy ), national origin, age ( 40 or over ), disability, or genetic information ( note : additional classes may be protected depending on state or local law ). more specifically, an employer cannot legally " fail or refuse to hire or to discharge any individual, or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privilege of employment " or " to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee. " the civil rights act of 1964 and 1991 ( title vii ) were passed into law to prevent the discrimination of individuals due to race, color, religion, sex, or national origin. the pregnancy discrimination act was added as an amendment and protects women if they are pregnant or have a pregnancy - related condition. the age discrimination in employment act of 1967 prohibits discriminatory practice directed against individuals who are 40 years of age and older. although some states ( e. g. new york ) do have laws preventing the discrimination of individuals younger than 40, no federal law exists. the americans with disabilities act of 1990 protects qualified individuals who currently have or in the past have had a physical or mental disability ( current users of illegal drugs are not covered under this act ). a person is covered if he has a disability that substantially limits a major life activity, has a history of a disability, is regarded by others as being disabled, or has a physical or mental impairment that is not transitory ( lasting or expected to last six months or less ) and minor. in order to be covered under this act, the individual must be qualified for the job. a qualified individual is " an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires. " unless the disability poses an " undue hardship, " reasonable accommodations must be made by the organization. " in general, an accommodation is any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities. " examples of reasonable accommodations are changing the workspace of an individual in a wheelchair to make it more wheelchair accessible, modifying work schedules, and / or modifying equipment.
= = k – 12 education = = = = before the self - advocacy movement, many people with intellectual and developmental disabilities in the us were not allowed to attend school. their families had to either keep them at home or send them to an institution. some institutions were supposed to provide the people there with education. institutions specifically for people with intellectual and developmental disabilities were called state schools. however, in practice, the education provide was insufficient or nonexistent. these " schools " turned into warehouses, full of abuse and neglect. in 1972, pennsylvania association for retarded citizens v. commonwealth of pennsylvania overturned the state law that forbid children with intellectual disabilities from attending school. it established that states had to provide a free public education for all children. mills v. board of education of district of columbia ruled that the schools must provide accommodations to students so that they can attend public school. in 1975, president gerald ford signed the education for handicapped children act ( now known as the individuals with disabilities education act ). this law entitles all children to receive a free and appropriate public education ( fape ). the law requires schools to provide students with accommodations and support to attend school. the least restrictive environment clause means that students must be, whenever possible, educated in mainstream classrooms with their non - disabled peers. despite this, many people with intellectual and developmental disabilities are segregated in special education classrooms and not given the accommodations they need to succeed. = = = civil rights = = = = = = relationship to other movements = = = the self - advocacy movement developed alongside other movements, including the civil rights movement seeing a common goal in fighting for equal treatment. john f. kennedy, in addition to passing civil rights legislation, also assembled a president's panel on mental retardation. self - advocates framed their demands using a rights - based framework. notable cases against institutions were based on the infringement of their civil rights. self - advocacy developed concurrently but often separately to the independent living movement and the larger disability rights movement in the 1960s and 1970s. these movements were mostly made up of people with physical disabilities. ed roberts described a " hierarchy of disability " where certain disabilities were considered to rank higher than others. in these hierarchies, people with intellectual and developmental disabilities were seen as at the bottom. bette mcmuldren discussed the early independent living movement, saying " i remember even then – and i know independent living programs are still struggling with this now – we were trying to include people who had developmental disabilities, and we were trying to figure out how
on lobbying to lower future illegal immigration levels through congressional action, and to fight amnesties for existing illegal immigrants. many immigration restrictionists question the 1898 supreme court ruling u. s. v. wong kim ark, which held that individuals born on u. s. soil to non - citizen parents are u. s. citizens and guaranteed all the rights thereof. they feel that citizenship should be denied to the children of immigrants without valid immigration status. thus they have sought to end birthright citizenship, through a constitutional amendment or a congressional act. denial of public benefits to undocumented individuals is believed to remove the incentives and rewards for illegal immigrants. the 1994 california proposition 187 and the 2004 arizona proposition 200 protect arizona now were written to require proof of legal status in order to receive non - mandated benefits. on january 29, 2025, a majority of legislators in the tennessee senate voted to adopt sb6002, a bill which " creates criminal penalties for officials who adopt sanctuary policies and subsequently requires their removal from office upon conviction ". the act charges a class e felony, resulting in a potential prison sentence of between one to six years, upon " each official who, in their capacity as a member of the governing body of a local government, votes in the affirmative to adopt a sanctuary policy ". = = differences within immigration reductionism = = many who support reduced immigration numbers oppose association with the more extreme groups. the federation for american immigration reform has spoken out in 2004 against the views of another reductionist leader, virginia abernethy, calling her views " repulsive separatist views, " and called on her to resign from the advisory board of protect arizona now in arizona. peb and ccn are also critical of fair for fair's support of a national id card, which peb and ccn oppose. the protect arizona now movement split, with two rival state - level organizations, one supported by fair, the other supported by peb and ccn, working to support the passage of the ballot initiative. = = public opinion on immigration reduction = = some polls such as a late 2013 survey by the public religion research institute have found widespread opposition to immigration reduction. said survey stated that 63 % of americans support creating a pathway to citizenship so that formerly illegal residents of the u. s. could gradually acquire it while only 18 % back a hypothetical plan to find and deport all illegal residents. = = see also = = xenophobia in the united states illegal immigration to the united states immigration reform population control great replacement in the united states
for a noise ordinance. excess non - occupational noise exposure, hearing loss on both public and private property, speech interference on both public and private property, audio interference on both public and private property, and sleep interference on mostly private property. = = = some legal considerations in the united states = = = there are several fundamental issues that shape the legality, effectiveness and enforceability of any community noise regulation. = = = = preemption = = = = the federal government has preempted certain areas of noise regulation. they can be found in the code of federal regulations under the epa noise abatement programs ; parts 201 to 205 and 211 cover railroads, motor carriers in interstate commerce, construction equipment, and motor vehicles. they require product labeling and prohibit tampering with noise control devices. communities may enact regulations that are no more strict than the federal ones so that local enforcement can be carried out. they can enact curfews and restrict vehicle use in established zones such as residential. any restriction on interstate motor carriers or railroads may not be for the purpose of noise control. states have police powers granted by the constitution. they may also enact regulations that are no more strict than federal regulations. they may also preempt local ordinances. california and new jersey have comprehensive noise codes that communities must meet. many states required that local ordinances be no more strict than the state code whether such code exists or not. one relatively common preemption is protection of shooting ranges from noise regulation or litigation and right to farm laws that protect agricultural areas from nuisance litigation by encroaching residential areas. = = = = constitutional vagueness = = = = in one state court case, the court declared that numerical sound levels were constitutional as not void for vagueness, as the term plainly audible provided it was associated with a reasonable distance. two requirements for a noise ordinance provision is that : provide fair warning avoid the possibility of arbitrary enforcement = = = = overbreadth = = = = in one supreme court case the court ruled that the specificity of the city ordinance regulating school verbal protests was not constitutionally vague, gave fair warning, and was not an invitation to arbitrary enforcement and so was not overbroad, despite the implied limitation on free speech. = = = = nuisance = = = = nuisance law applies to both community noise regulation as well as private suits brought to court to reduce noise impact. = = = = enforceability = = = = care must be taken in writing a subjective noise provision so that
Answer:
|
unconstitutional as a violation of the privileges and immunities clause of the Fourteenth Amendment.
| 0.3 |
The State of Aurora requires licenses of persons "who are engaged in the trade of barbering." It will grant such licenses only to those who are graduates of barber schools located in Aurora, who have resided in the state for two years, and who are citizens of the United States. The requirement that candidates for licenses must be citizens is
0. constitutional as an effort to ensure that barbers speak English adequately.
1. constitutional as an exercise of the state police power.
2. unconstitutional as a bill of attainder.
3. unconstitutional as a denial of equal protection
on lobbying to lower future illegal immigration levels through congressional action, and to fight amnesties for existing illegal immigrants. many immigration restrictionists question the 1898 supreme court ruling u. s. v. wong kim ark, which held that individuals born on u. s. soil to non - citizen parents are u. s. citizens and guaranteed all the rights thereof. they feel that citizenship should be denied to the children of immigrants without valid immigration status. thus they have sought to end birthright citizenship, through a constitutional amendment or a congressional act. denial of public benefits to undocumented individuals is believed to remove the incentives and rewards for illegal immigrants. the 1994 california proposition 187 and the 2004 arizona proposition 200 protect arizona now were written to require proof of legal status in order to receive non - mandated benefits. on january 29, 2025, a majority of legislators in the tennessee senate voted to adopt sb6002, a bill which " creates criminal penalties for officials who adopt sanctuary policies and subsequently requires their removal from office upon conviction ". the act charges a class e felony, resulting in a potential prison sentence of between one to six years, upon " each official who, in their capacity as a member of the governing body of a local government, votes in the affirmative to adopt a sanctuary policy ". = = differences within immigration reductionism = = many who support reduced immigration numbers oppose association with the more extreme groups. the federation for american immigration reform has spoken out in 2004 against the views of another reductionist leader, virginia abernethy, calling her views " repulsive separatist views, " and called on her to resign from the advisory board of protect arizona now in arizona. peb and ccn are also critical of fair for fair's support of a national id card, which peb and ccn oppose. the protect arizona now movement split, with two rival state - level organizations, one supported by fair, the other supported by peb and ccn, working to support the passage of the ballot initiative. = = public opinion on immigration reduction = = some polls such as a late 2013 survey by the public religion research institute have found widespread opposition to immigration reduction. said survey stated that 63 % of americans support creating a pathway to citizenship so that formerly illegal residents of the u. s. could gradually acquire it while only 18 % back a hypothetical plan to find and deport all illegal residents. = = see also = = xenophobia in the united states illegal immigration to the united states immigration reform population control great replacement in the united states
be allowed to expand or renew permits with the state. no new mining companies that do not completely use renewable energy will be allowed to begin mining. = = see also = = bitcoin bitmessage cryptocurrency proof of authority proof of burn proof of personhood proof of space proof of stake proof of elapsed time consensus ( computer science ) = = notes = = ^ on most unix systems this can be verified with echo - n 1 : 52 : 380119 : calvin @ comics. net : : : 9b760005e92f0dae | openssl sha1 = = references = =
became the first u. s. territory to approve rxp legislation in 1999. new mexico became the first state to approve rxp legislation in 2002, and louisiana followed in 2004. in 2014, illinois became the third state to approve rxp legislation. in 2016, iowa became the fourth state to grant prescriptive authority, which was followed by idaho in 2017. the rules and regulations for illinois'rxp law were approved in 2018 and in 2019 in iowa. in 2023, colorado became the sixth state to pass prescriptive authority for psychologists legislation, followed by utah in 2024. many other states have introduced but have yet to approve rxp bills. as of 2025, there are approximately 300 active, prescribing psychologists across the united states, with nearly 250 graduate students and psychologists enrolled in an rxp training program. over 1, 500 individuals have completed a master's degree in clinical psychopharmacology and over 500 have passed the pep. since 2000, division 55 of the american psychological association ( the society for prescribing psychology ), has promoted prescriptive authority for psychologists across the country. division 55 petitioned apa through its commission for the recognition of specialties and subspecialties in professional psychology ( crsspp ) for official recognition of clinical psychopharmacology as a specialty in psychology. at its meeting in august 2020, the apa council of representatives gave final approval to this petition, adding clinical psychopharmacology to 17 other apa - recognized psychological specialties. division 55 is in the process of becoming a member of the council of specialties ( cos ) in professional psychology, council of chairs of training councils ( cctc ), and creating a board certification in psychopharmacological psychology through the american board of professional psychology ( abpp ). the state of new mexico was the first to enact a psychologists prescribing law. louisiana's legislature went on to establish medical psychology as a separate and distinct healthcare profession and transferred the regulation of its practice to the louisiana state board of medical examiners. the entire practice of psychology for medical psychologists, including psychotherapy and psychological testing, was also transferred to the louisiana board of medical examiners, effectively making louisiana the only state in the u. s. where, for some psychologists, a medical board has authority over their entire practice. because of this, several national organizations, including the american psychological association and the association of state and provincial psychology boards have expressed concern over the practice of psychology being
a future " as - applied " constitutional challenge, however. in november 2006, a lawsuit was filed against the north central regional library district ( ncrl ) in washington state for its policy of refusing to disable restrictions upon requests of adult patrons, but cipa was not challenged in that matter. in may 2010, the washington state supreme court provided an opinion after it was asked to certify a question referred by the united states district court for the eastern district of washington : " whether a public library, consistent with article i, § 5 of the washington constitution, may filter internet access for all patrons without disabling web sites containing constitutionally - protected speech upon the request of an adult library patron. " the washington state supreme court ruled that ncrl's internet filtering policy did not violate article i, section 5 of the washington state constitution. the court said : " it appears to us that ncrl's filtering policy is reasonable and accords with its mission and these policies and is viewpoint neutral. it appears that no article i, section 5 content - based violation exists in this case. ncrl's essential mission is to promote reading and lifelong learning. as ncrl maintains, it is reasonable to impose restrictions on internet access in order to maintain an environment that is conducive to study and contemplative thought. " the case returned to federal court. in march 2007, virginia passed a law similar to cipa that requires public libraries receiving state funds to use content - control software. like cipa, the law requires libraries to disable filters for an adult library user when requested to do so by the user. = = bypassing filters = = content filtering in general can " be bypassed entirely by tech - savvy individuals. " blocking content on a device " [ will not ] … guarantee that users won't eventually be able to find a way around the filter. " content providers may change urls or ip addresses to circumvent filtering. individuals with technical expertise may use a different method by employing multiple domains or urls that direct to a shared ip address where restricted content is present. this strategy doesn't circumvent ip packet filtering, however can evade dns poisoning and web proxies. additionally, perpetrators may use mirrored websites that avoid filters. some software may be bypassed successfully by using alternative protocols such as ftp or telnet or https, conducting searches in a different language, using a proxy server or a circumventor such as psiphon. also cached web pages
performance purposes do not require licensed supervision, unless the law or precedent prohibits such practice. where the government does not regulate the treatment of medical or psychological disorders certificants should practice in accord with the laws of their state, province, or country. all certificants must practice within their personal areas of expertise. = = = licensure = = = the model licensing act for behavior analysts has been revised several times to reflect best practices and policy. previous versions included provisions that would have made it in practice more difficult to obtain the necessary experiential hours for license and independent practice as a clinical psychologist. once the person is licensed public protection is still monitored by the licensing board as well as the bacb, both of which make sure that the person receives sufficient ongoing education, and the bacb and licensing board investigate ethical complaints. in february 2008, indiana, arizona, massachusetts, vermont, oklahoma and other states now have legislation pending to create licensure for behavior analysts. pennsylvania was the first state in 2008 to license behavior specialists to cover behavior analysts. arizona, less than three weeks later, became the first state to license behavior analysts. other states such as nevada and wisconsin have also passed behavior analytic licensure. in california, after the defeat of a bill to create a license for bcbas in 2011, the state government instead passed sb 946 which mandates that all non - governmental insurance agencies reimburse for bcba for behavior therapy in treating autism, starting in 2012. unlike many other bills mandating that autism be covered by insurance, sb 946 does not currently impose a cap on services by age or funding amount – in this it is similar to other treatments such as those for heart attacks or other chronic conditions. = = service delivery models = = = = = definitions = = = behavior analytic services can be and often are delivered through various treatment modalities. these include : consultation – an indirect model in which the consultant works with the consultee to change the behavior of the client. therapy – ( individual, group, or family ) in which the therapist works directly with a person with some form of pathology to lessen the pathology. counseling – where the counselor works directly with a person who has problems but no pathology. coaching – in which the coach works with a person to achieve a life goal. = = = primary methods = = = the two primary methods for delivering behavior analytic services are consultation and / or direct therapy ; the former involves three parties : consultant, consultee and a client whose behavior is changed (
Answer:
|
unconstitutional as a denial of equal protection
| null |
The State of Aurora requires licenses of persons "who are engaged in the trade of barbering." It will grant such licenses only to those who are graduates of barber schools located in Aurora, who have resided in the state for two years, and who are citizens of the United States. The requirement that candidates for licenses must be citizens is
0. constitutional as an effort to ensure that barbers speak English adequately.
1. constitutional as an exercise of the state police power.
2. unconstitutional as a bill of attainder.
3. unconstitutional as a denial of equal protection
on lobbying to lower future illegal immigration levels through congressional action, and to fight amnesties for existing illegal immigrants. many immigration restrictionists question the 1898 supreme court ruling u. s. v. wong kim ark, which held that individuals born on u. s. soil to non - citizen parents are u. s. citizens and guaranteed all the rights thereof. they feel that citizenship should be denied to the children of immigrants without valid immigration status. thus they have sought to end birthright citizenship, through a constitutional amendment or a congressional act. denial of public benefits to undocumented individuals is believed to remove the incentives and rewards for illegal immigrants. the 1994 california proposition 187 and the 2004 arizona proposition 200 protect arizona now were written to require proof of legal status in order to receive non - mandated benefits. on january 29, 2025, a majority of legislators in the tennessee senate voted to adopt sb6002, a bill which " creates criminal penalties for officials who adopt sanctuary policies and subsequently requires their removal from office upon conviction ". the act charges a class e felony, resulting in a potential prison sentence of between one to six years, upon " each official who, in their capacity as a member of the governing body of a local government, votes in the affirmative to adopt a sanctuary policy ". = = differences within immigration reductionism = = many who support reduced immigration numbers oppose association with the more extreme groups. the federation for american immigration reform has spoken out in 2004 against the views of another reductionist leader, virginia abernethy, calling her views " repulsive separatist views, " and called on her to resign from the advisory board of protect arizona now in arizona. peb and ccn are also critical of fair for fair's support of a national id card, which peb and ccn oppose. the protect arizona now movement split, with two rival state - level organizations, one supported by fair, the other supported by peb and ccn, working to support the passage of the ballot initiative. = = public opinion on immigration reduction = = some polls such as a late 2013 survey by the public religion research institute have found widespread opposition to immigration reduction. said survey stated that 63 % of americans support creating a pathway to citizenship so that formerly illegal residents of the u. s. could gradually acquire it while only 18 % back a hypothetical plan to find and deport all illegal residents. = = see also = = xenophobia in the united states illegal immigration to the united states immigration reform population control great replacement in the united states
be allowed to expand or renew permits with the state. no new mining companies that do not completely use renewable energy will be allowed to begin mining. = = see also = = bitcoin bitmessage cryptocurrency proof of authority proof of burn proof of personhood proof of space proof of stake proof of elapsed time consensus ( computer science ) = = notes = = ^ on most unix systems this can be verified with echo - n 1 : 52 : 380119 : calvin @ comics. net : : : 9b760005e92f0dae | openssl sha1 = = references = =
became the first u. s. territory to approve rxp legislation in 1999. new mexico became the first state to approve rxp legislation in 2002, and louisiana followed in 2004. in 2014, illinois became the third state to approve rxp legislation. in 2016, iowa became the fourth state to grant prescriptive authority, which was followed by idaho in 2017. the rules and regulations for illinois'rxp law were approved in 2018 and in 2019 in iowa. in 2023, colorado became the sixth state to pass prescriptive authority for psychologists legislation, followed by utah in 2024. many other states have introduced but have yet to approve rxp bills. as of 2025, there are approximately 300 active, prescribing psychologists across the united states, with nearly 250 graduate students and psychologists enrolled in an rxp training program. over 1, 500 individuals have completed a master's degree in clinical psychopharmacology and over 500 have passed the pep. since 2000, division 55 of the american psychological association ( the society for prescribing psychology ), has promoted prescriptive authority for psychologists across the country. division 55 petitioned apa through its commission for the recognition of specialties and subspecialties in professional psychology ( crsspp ) for official recognition of clinical psychopharmacology as a specialty in psychology. at its meeting in august 2020, the apa council of representatives gave final approval to this petition, adding clinical psychopharmacology to 17 other apa - recognized psychological specialties. division 55 is in the process of becoming a member of the council of specialties ( cos ) in professional psychology, council of chairs of training councils ( cctc ), and creating a board certification in psychopharmacological psychology through the american board of professional psychology ( abpp ). the state of new mexico was the first to enact a psychologists prescribing law. louisiana's legislature went on to establish medical psychology as a separate and distinct healthcare profession and transferred the regulation of its practice to the louisiana state board of medical examiners. the entire practice of psychology for medical psychologists, including psychotherapy and psychological testing, was also transferred to the louisiana board of medical examiners, effectively making louisiana the only state in the u. s. where, for some psychologists, a medical board has authority over their entire practice. because of this, several national organizations, including the american psychological association and the association of state and provincial psychology boards have expressed concern over the practice of psychology being
a future " as - applied " constitutional challenge, however. in november 2006, a lawsuit was filed against the north central regional library district ( ncrl ) in washington state for its policy of refusing to disable restrictions upon requests of adult patrons, but cipa was not challenged in that matter. in may 2010, the washington state supreme court provided an opinion after it was asked to certify a question referred by the united states district court for the eastern district of washington : " whether a public library, consistent with article i, § 5 of the washington constitution, may filter internet access for all patrons without disabling web sites containing constitutionally - protected speech upon the request of an adult library patron. " the washington state supreme court ruled that ncrl's internet filtering policy did not violate article i, section 5 of the washington state constitution. the court said : " it appears to us that ncrl's filtering policy is reasonable and accords with its mission and these policies and is viewpoint neutral. it appears that no article i, section 5 content - based violation exists in this case. ncrl's essential mission is to promote reading and lifelong learning. as ncrl maintains, it is reasonable to impose restrictions on internet access in order to maintain an environment that is conducive to study and contemplative thought. " the case returned to federal court. in march 2007, virginia passed a law similar to cipa that requires public libraries receiving state funds to use content - control software. like cipa, the law requires libraries to disable filters for an adult library user when requested to do so by the user. = = bypassing filters = = content filtering in general can " be bypassed entirely by tech - savvy individuals. " blocking content on a device " [ will not ] … guarantee that users won't eventually be able to find a way around the filter. " content providers may change urls or ip addresses to circumvent filtering. individuals with technical expertise may use a different method by employing multiple domains or urls that direct to a shared ip address where restricted content is present. this strategy doesn't circumvent ip packet filtering, however can evade dns poisoning and web proxies. additionally, perpetrators may use mirrored websites that avoid filters. some software may be bypassed successfully by using alternative protocols such as ftp or telnet or https, conducting searches in a different language, using a proxy server or a circumventor such as psiphon. also cached web pages
performance purposes do not require licensed supervision, unless the law or precedent prohibits such practice. where the government does not regulate the treatment of medical or psychological disorders certificants should practice in accord with the laws of their state, province, or country. all certificants must practice within their personal areas of expertise. = = = licensure = = = the model licensing act for behavior analysts has been revised several times to reflect best practices and policy. previous versions included provisions that would have made it in practice more difficult to obtain the necessary experiential hours for license and independent practice as a clinical psychologist. once the person is licensed public protection is still monitored by the licensing board as well as the bacb, both of which make sure that the person receives sufficient ongoing education, and the bacb and licensing board investigate ethical complaints. in february 2008, indiana, arizona, massachusetts, vermont, oklahoma and other states now have legislation pending to create licensure for behavior analysts. pennsylvania was the first state in 2008 to license behavior specialists to cover behavior analysts. arizona, less than three weeks later, became the first state to license behavior analysts. other states such as nevada and wisconsin have also passed behavior analytic licensure. in california, after the defeat of a bill to create a license for bcbas in 2011, the state government instead passed sb 946 which mandates that all non - governmental insurance agencies reimburse for bcba for behavior therapy in treating autism, starting in 2012. unlike many other bills mandating that autism be covered by insurance, sb 946 does not currently impose a cap on services by age or funding amount – in this it is similar to other treatments such as those for heart attacks or other chronic conditions. = = service delivery models = = = = = definitions = = = behavior analytic services can be and often are delivered through various treatment modalities. these include : consultation – an indirect model in which the consultant works with the consultee to change the behavior of the client. therapy – ( individual, group, or family ) in which the therapist works directly with a person with some form of pathology to lessen the pathology. counseling – where the counselor works directly with a person who has problems but no pathology. coaching – in which the coach works with a person to achieve a life goal. = = = primary methods = = = the two primary methods for delivering behavior analytic services are consultation and / or direct therapy ; the former involves three parties : consultant, consultee and a client whose behavior is changed (
Answer:
|
unconstitutional as a bill of attainder.
| 0.3 |
The State of Aurora requires licenses of persons "who are engaged in the trade of barbering." It will grant such licenses only to those who are graduates of barber schools located in Aurora, who have resided in the state for two years, and who are citizens of the United States. Assume that a resident of the state of Aurora was denied a license because she graduated from an out-of-state barber school. Her suit in federal court to enjoin denial of the license on this ground would be
0. dismissed, because there is no diversity of citizenship.
1. dismissed, because of the abstention doctrine.
2. decided on the merits, because federal jurisdiction extends to controversies between two states.
3. decided on the merits, because a federal question is involved
on lobbying to lower future illegal immigration levels through congressional action, and to fight amnesties for existing illegal immigrants. many immigration restrictionists question the 1898 supreme court ruling u. s. v. wong kim ark, which held that individuals born on u. s. soil to non - citizen parents are u. s. citizens and guaranteed all the rights thereof. they feel that citizenship should be denied to the children of immigrants without valid immigration status. thus they have sought to end birthright citizenship, through a constitutional amendment or a congressional act. denial of public benefits to undocumented individuals is believed to remove the incentives and rewards for illegal immigrants. the 1994 california proposition 187 and the 2004 arizona proposition 200 protect arizona now were written to require proof of legal status in order to receive non - mandated benefits. on january 29, 2025, a majority of legislators in the tennessee senate voted to adopt sb6002, a bill which " creates criminal penalties for officials who adopt sanctuary policies and subsequently requires their removal from office upon conviction ". the act charges a class e felony, resulting in a potential prison sentence of between one to six years, upon " each official who, in their capacity as a member of the governing body of a local government, votes in the affirmative to adopt a sanctuary policy ". = = differences within immigration reductionism = = many who support reduced immigration numbers oppose association with the more extreme groups. the federation for american immigration reform has spoken out in 2004 against the views of another reductionist leader, virginia abernethy, calling her views " repulsive separatist views, " and called on her to resign from the advisory board of protect arizona now in arizona. peb and ccn are also critical of fair for fair's support of a national id card, which peb and ccn oppose. the protect arizona now movement split, with two rival state - level organizations, one supported by fair, the other supported by peb and ccn, working to support the passage of the ballot initiative. = = public opinion on immigration reduction = = some polls such as a late 2013 survey by the public religion research institute have found widespread opposition to immigration reduction. said survey stated that 63 % of americans support creating a pathway to citizenship so that formerly illegal residents of the u. s. could gradually acquire it while only 18 % back a hypothetical plan to find and deport all illegal residents. = = see also = = xenophobia in the united states illegal immigration to the united states immigration reform population control great replacement in the united states
examining board v. flores de otero, 426 u. s. 572 ( 1976 ), was a case decided by the supreme court of the united states that invalidated a state law that excluded aliens from the practice of civil engineering. the court invalidated the law on the basis of equal protection using a strict scrutiny standard of review. = = prior history = = a puerto rico law permits only united states citizens to practice privately as civil engineers. appellees are alien civil engineers residing in puerto rico, one of whom ( flores de otero ) was denied a license under this law, and the other of whom ( perez nogueiro ) was granted only a conditional license to work for the commonwealth. each appellee brought suit for declaratory and injunctive relief against appellant examining board and its members in the united states district court for the district of puerto rico, claiming jurisdiction under 28 u. s. c. § 1343 ( 3 ) and alleging that the statute's citizenship requirement violated 42 u. s. c. § 1983. = = see also = = list of united states supreme court cases, volume 426 = = references = = = = external links = = text of examining board v. flores de otero, 426 u. s. 572 ( 1976 ) is available from : findlaw justia oyez ( oral argument audio )
congress, such as the employment non - discrimination act. at the start of 2010, the obama administration included gender identity among the classes protected against discrimination under the authority of the equal employment opportunity commission ( eeoc ). it was obama's wish to further attend to lgbt civil rights not only through legislation, but also the executive branch. in 2012 the equal employment opportunity commission ruled that title vii of the civil rights act of 1964 does not allow gender identity - based employment discrimination because it is a form of sex discrimination. in 2015, the equal employment opportunity commission concluded that title vii of the civil rights act of 1964 does not allow sexual orientation discrimination in employment because it is a form of sex discrimination. in march 2018, the sixth circuit court of appeals ruled in eeoc v. rg & gr harris funeral homes that transgender people are protected by federal sex discrimination laws. by august of that year, 16 states had joined an amicus brief asking the u. s. supreme court to reconsider the ruling. the supreme court agreed to hear the case as r. g. & g. r. harris funeral homes inc. v. equal employment opportunity commission and in a 6 – 3 decision on june 15, 2020, the court held that title vii protections pursuant to § 2000e - 2 ( a ) ( 1 ) did extend to cover sexual orientation and gender identity. on march 31, 2014, u. s. district court judge colleen kollar - kotelly ruled in the case of terveer v. billington, that peter terveer can sue for discrimination under title vii of the civil rights act, that bans sex discrimination, claiming that he faced discrimination after his boss found out that he was gay. title vii does not explicitly protect against sexual orientation discrimination, but judge kollar - kotelly's ruling leaves that a person could bring a claim under title vii's ban on sex discrimination because an employer views an employee's sexual orientation as " not consistent with acceptable gender roles. " on july 21, 2014, president obama signed executive order 13672, adding " gender identity " to the categories protected against discrimination in hiring in the federal civilian workforce and both " sexual orientation " and gender identity " to the categories protected against discrimination in hiring and employment on the part of federal government contractors and sub - contractors. on july 31, 2014, obama also signed executive order 13673, " fair pay and safe workplaces, " requiring companies with large federal contracts to prove their compliance with labor laws ; this executive order,
identity discrimination in employment in both the public and private sector : california, colorado, connecticut, delaware, hawaii, illinois, iowa, maine, maryland, massachusetts, michigan, minnesota, nevada, new hampshire, new jersey, new mexico, new york, oregon, rhode island, utah, vermont, virginia, and washington. one state being pennsylvania have acquired such protections through executive orders, regulations, court rulings or binding decisions under a human rights commission since 2018. in addition, two states, indiana and wisconsin prohibit discrimination on account of sexual orientation only ; gender identity is not addressed. indiana, in accordance with hively v ivy tech community college, a ruling by the seventh circuit court of appeals, and wisconsin through a statute enacted in 1982, which made wisconsin the first state to have private employment protections for sexual orientation. similarly to indiana, the courts of appeals for the sixth, and eleventh circuits, covering alabama, florida, georgia, kentucky, michigan, ohio, and tennessee, have found sex protections in the 1964 civil rights act to include the category of gender identity. furthermore, 8 u. s. states - - arizona, indiana, ohio, kentucky, montana, north carolina, wisconsin, and kansas. - - have an executive order, administrative order, or personnel regulation prohibiting discrimination in public employment only based on either sexual orientation or gender identity : an additional 2 states - - alaska and missouri - - and the commonwealth of the northern mariana islands have executive orders prohibiting discrimination in public employment based on sexual orientation only. the remaining states do not offer any type of discrimination protections for the lgbt community at the state level, although some cities and localities have passed their own ordinances within these states. = = = chronological order = = = 1972 : no lgbt civil rights at the state level, although the first local protections were enacted this year in michigan ( in east lansing and ann arbor ). 1973 : district of columbia : sexual orientation protected in all employment 1975 : pennsylvania : sexual orientation protected in state employment 1979 : california : sexual orientation protected in state employment 1982 : wisconsin : sexual orientation protected in all employment 1983 : new york : sexual orientation protected in state employment ohio : sexual orientation protected in state employment 1985 : new mexico : sexual orientation protected in state employment rhode island : sexual orientation protected in state employment washington : sexual orientation protected in state employment 1987 : oregon : sexual orientation protected in state employment 1988 : oregon : sexual orientation no longer protected in state employment 1989 : massachusetts : sexual orientation protected in all employment 1990 : colorado : sexual orientation protected in state employment 1991 : connecticut : sexual
, it is unlawful for private employers with 15 or more employees along with state and local government employers to discriminate against applicants based on the following : race, color, sex ( including pregnancy ), national origin, age ( 40 or over ), disability, or genetic information ( note : additional classes may be protected depending on state or local law ). more specifically, an employer cannot legally " fail or refuse to hire or to discharge any individual, or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privilege of employment " or " to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee. " the civil rights act of 1964 and 1991 ( title vii ) were passed into law to prevent the discrimination of individuals due to race, color, religion, sex, or national origin. the pregnancy discrimination act was added as an amendment and protects women if they are pregnant or have a pregnancy - related condition. the age discrimination in employment act of 1967 prohibits discriminatory practice directed against individuals who are 40 years of age and older. although some states ( e. g. new york ) do have laws preventing the discrimination of individuals younger than 40, no federal law exists. the americans with disabilities act of 1990 protects qualified individuals who currently have or in the past have had a physical or mental disability ( current users of illegal drugs are not covered under this act ). a person is covered if he has a disability that substantially limits a major life activity, has a history of a disability, is regarded by others as being disabled, or has a physical or mental impairment that is not transitory ( lasting or expected to last six months or less ) and minor. in order to be covered under this act, the individual must be qualified for the job. a qualified individual is " an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires. " unless the disability poses an " undue hardship, " reasonable accommodations must be made by the organization. " in general, an accommodation is any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities. " examples of reasonable accommodations are changing the workspace of an individual in a wheelchair to make it more wheelchair accessible, modifying work schedules, and / or modifying equipment.
Answer:
|
decided on the merits, because a federal question is involved
| null |
The State of Aurora requires licenses of persons "who are engaged in the trade of barbering." It will grant such licenses only to those who are graduates of barber schools located in Aurora, who have resided in the state for two years, and who are citizens of the United States. Assume that a resident of the state of Aurora was denied a license because she graduated from an out-of-state barber school. Her suit in federal court to enjoin denial of the license on this ground would be
0. dismissed, because there is no diversity of citizenship.
1. dismissed, because of the abstention doctrine.
2. decided on the merits, because federal jurisdiction extends to controversies between two states.
3. decided on the merits, because a federal question is involved
on lobbying to lower future illegal immigration levels through congressional action, and to fight amnesties for existing illegal immigrants. many immigration restrictionists question the 1898 supreme court ruling u. s. v. wong kim ark, which held that individuals born on u. s. soil to non - citizen parents are u. s. citizens and guaranteed all the rights thereof. they feel that citizenship should be denied to the children of immigrants without valid immigration status. thus they have sought to end birthright citizenship, through a constitutional amendment or a congressional act. denial of public benefits to undocumented individuals is believed to remove the incentives and rewards for illegal immigrants. the 1994 california proposition 187 and the 2004 arizona proposition 200 protect arizona now were written to require proof of legal status in order to receive non - mandated benefits. on january 29, 2025, a majority of legislators in the tennessee senate voted to adopt sb6002, a bill which " creates criminal penalties for officials who adopt sanctuary policies and subsequently requires their removal from office upon conviction ". the act charges a class e felony, resulting in a potential prison sentence of between one to six years, upon " each official who, in their capacity as a member of the governing body of a local government, votes in the affirmative to adopt a sanctuary policy ". = = differences within immigration reductionism = = many who support reduced immigration numbers oppose association with the more extreme groups. the federation for american immigration reform has spoken out in 2004 against the views of another reductionist leader, virginia abernethy, calling her views " repulsive separatist views, " and called on her to resign from the advisory board of protect arizona now in arizona. peb and ccn are also critical of fair for fair's support of a national id card, which peb and ccn oppose. the protect arizona now movement split, with two rival state - level organizations, one supported by fair, the other supported by peb and ccn, working to support the passage of the ballot initiative. = = public opinion on immigration reduction = = some polls such as a late 2013 survey by the public religion research institute have found widespread opposition to immigration reduction. said survey stated that 63 % of americans support creating a pathway to citizenship so that formerly illegal residents of the u. s. could gradually acquire it while only 18 % back a hypothetical plan to find and deport all illegal residents. = = see also = = xenophobia in the united states illegal immigration to the united states immigration reform population control great replacement in the united states
examining board v. flores de otero, 426 u. s. 572 ( 1976 ), was a case decided by the supreme court of the united states that invalidated a state law that excluded aliens from the practice of civil engineering. the court invalidated the law on the basis of equal protection using a strict scrutiny standard of review. = = prior history = = a puerto rico law permits only united states citizens to practice privately as civil engineers. appellees are alien civil engineers residing in puerto rico, one of whom ( flores de otero ) was denied a license under this law, and the other of whom ( perez nogueiro ) was granted only a conditional license to work for the commonwealth. each appellee brought suit for declaratory and injunctive relief against appellant examining board and its members in the united states district court for the district of puerto rico, claiming jurisdiction under 28 u. s. c. § 1343 ( 3 ) and alleging that the statute's citizenship requirement violated 42 u. s. c. § 1983. = = see also = = list of united states supreme court cases, volume 426 = = references = = = = external links = = text of examining board v. flores de otero, 426 u. s. 572 ( 1976 ) is available from : findlaw justia oyez ( oral argument audio )
congress, such as the employment non - discrimination act. at the start of 2010, the obama administration included gender identity among the classes protected against discrimination under the authority of the equal employment opportunity commission ( eeoc ). it was obama's wish to further attend to lgbt civil rights not only through legislation, but also the executive branch. in 2012 the equal employment opportunity commission ruled that title vii of the civil rights act of 1964 does not allow gender identity - based employment discrimination because it is a form of sex discrimination. in 2015, the equal employment opportunity commission concluded that title vii of the civil rights act of 1964 does not allow sexual orientation discrimination in employment because it is a form of sex discrimination. in march 2018, the sixth circuit court of appeals ruled in eeoc v. rg & gr harris funeral homes that transgender people are protected by federal sex discrimination laws. by august of that year, 16 states had joined an amicus brief asking the u. s. supreme court to reconsider the ruling. the supreme court agreed to hear the case as r. g. & g. r. harris funeral homes inc. v. equal employment opportunity commission and in a 6 – 3 decision on june 15, 2020, the court held that title vii protections pursuant to § 2000e - 2 ( a ) ( 1 ) did extend to cover sexual orientation and gender identity. on march 31, 2014, u. s. district court judge colleen kollar - kotelly ruled in the case of terveer v. billington, that peter terveer can sue for discrimination under title vii of the civil rights act, that bans sex discrimination, claiming that he faced discrimination after his boss found out that he was gay. title vii does not explicitly protect against sexual orientation discrimination, but judge kollar - kotelly's ruling leaves that a person could bring a claim under title vii's ban on sex discrimination because an employer views an employee's sexual orientation as " not consistent with acceptable gender roles. " on july 21, 2014, president obama signed executive order 13672, adding " gender identity " to the categories protected against discrimination in hiring in the federal civilian workforce and both " sexual orientation " and gender identity " to the categories protected against discrimination in hiring and employment on the part of federal government contractors and sub - contractors. on july 31, 2014, obama also signed executive order 13673, " fair pay and safe workplaces, " requiring companies with large federal contracts to prove their compliance with labor laws ; this executive order,
identity discrimination in employment in both the public and private sector : california, colorado, connecticut, delaware, hawaii, illinois, iowa, maine, maryland, massachusetts, michigan, minnesota, nevada, new hampshire, new jersey, new mexico, new york, oregon, rhode island, utah, vermont, virginia, and washington. one state being pennsylvania have acquired such protections through executive orders, regulations, court rulings or binding decisions under a human rights commission since 2018. in addition, two states, indiana and wisconsin prohibit discrimination on account of sexual orientation only ; gender identity is not addressed. indiana, in accordance with hively v ivy tech community college, a ruling by the seventh circuit court of appeals, and wisconsin through a statute enacted in 1982, which made wisconsin the first state to have private employment protections for sexual orientation. similarly to indiana, the courts of appeals for the sixth, and eleventh circuits, covering alabama, florida, georgia, kentucky, michigan, ohio, and tennessee, have found sex protections in the 1964 civil rights act to include the category of gender identity. furthermore, 8 u. s. states - - arizona, indiana, ohio, kentucky, montana, north carolina, wisconsin, and kansas. - - have an executive order, administrative order, or personnel regulation prohibiting discrimination in public employment only based on either sexual orientation or gender identity : an additional 2 states - - alaska and missouri - - and the commonwealth of the northern mariana islands have executive orders prohibiting discrimination in public employment based on sexual orientation only. the remaining states do not offer any type of discrimination protections for the lgbt community at the state level, although some cities and localities have passed their own ordinances within these states. = = = chronological order = = = 1972 : no lgbt civil rights at the state level, although the first local protections were enacted this year in michigan ( in east lansing and ann arbor ). 1973 : district of columbia : sexual orientation protected in all employment 1975 : pennsylvania : sexual orientation protected in state employment 1979 : california : sexual orientation protected in state employment 1982 : wisconsin : sexual orientation protected in all employment 1983 : new york : sexual orientation protected in state employment ohio : sexual orientation protected in state employment 1985 : new mexico : sexual orientation protected in state employment rhode island : sexual orientation protected in state employment washington : sexual orientation protected in state employment 1987 : oregon : sexual orientation protected in state employment 1988 : oregon : sexual orientation no longer protected in state employment 1989 : massachusetts : sexual orientation protected in all employment 1990 : colorado : sexual orientation protected in state employment 1991 : connecticut : sexual
, it is unlawful for private employers with 15 or more employees along with state and local government employers to discriminate against applicants based on the following : race, color, sex ( including pregnancy ), national origin, age ( 40 or over ), disability, or genetic information ( note : additional classes may be protected depending on state or local law ). more specifically, an employer cannot legally " fail or refuse to hire or to discharge any individual, or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privilege of employment " or " to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee. " the civil rights act of 1964 and 1991 ( title vii ) were passed into law to prevent the discrimination of individuals due to race, color, religion, sex, or national origin. the pregnancy discrimination act was added as an amendment and protects women if they are pregnant or have a pregnancy - related condition. the age discrimination in employment act of 1967 prohibits discriminatory practice directed against individuals who are 40 years of age and older. although some states ( e. g. new york ) do have laws preventing the discrimination of individuals younger than 40, no federal law exists. the americans with disabilities act of 1990 protects qualified individuals who currently have or in the past have had a physical or mental disability ( current users of illegal drugs are not covered under this act ). a person is covered if he has a disability that substantially limits a major life activity, has a history of a disability, is regarded by others as being disabled, or has a physical or mental impairment that is not transitory ( lasting or expected to last six months or less ) and minor. in order to be covered under this act, the individual must be qualified for the job. a qualified individual is " an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires. " unless the disability poses an " undue hardship, " reasonable accommodations must be made by the organization. " in general, an accommodation is any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities. " examples of reasonable accommodations are changing the workspace of an individual in a wheelchair to make it more wheelchair accessible, modifying work schedules, and / or modifying equipment.
Answer:
|
dismissed, because there is no diversity of citizenship.
| 0.3 |
The State of Aurora requires licenses of persons "who are engaged in the trade of barbering." It will grant such licenses only to those who are graduates of barber schools located in Aurora, who have resided in the state for two years, and who are citizens of the United States. Which of the following is the strongest ground on which to challenge the requirement that candidates for barber licenses must have been residents of the state for at least two years?
0. The privileges and immunities clause of the Fourteenth Amendment
1. The due process clause of the Fourteenth Amendment
2. The equal protection clause of the Fourteenth Amendment
3. The obligation of contracts claus
, it is unlawful for private employers with 15 or more employees along with state and local government employers to discriminate against applicants based on the following : race, color, sex ( including pregnancy ), national origin, age ( 40 or over ), disability, or genetic information ( note : additional classes may be protected depending on state or local law ). more specifically, an employer cannot legally " fail or refuse to hire or to discharge any individual, or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privilege of employment " or " to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee. " the civil rights act of 1964 and 1991 ( title vii ) were passed into law to prevent the discrimination of individuals due to race, color, religion, sex, or national origin. the pregnancy discrimination act was added as an amendment and protects women if they are pregnant or have a pregnancy - related condition. the age discrimination in employment act of 1967 prohibits discriminatory practice directed against individuals who are 40 years of age and older. although some states ( e. g. new york ) do have laws preventing the discrimination of individuals younger than 40, no federal law exists. the americans with disabilities act of 1990 protects qualified individuals who currently have or in the past have had a physical or mental disability ( current users of illegal drugs are not covered under this act ). a person is covered if he has a disability that substantially limits a major life activity, has a history of a disability, is regarded by others as being disabled, or has a physical or mental impairment that is not transitory ( lasting or expected to last six months or less ) and minor. in order to be covered under this act, the individual must be qualified for the job. a qualified individual is " an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires. " unless the disability poses an " undue hardship, " reasonable accommodations must be made by the organization. " in general, an accommodation is any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities. " examples of reasonable accommodations are changing the workspace of an individual in a wheelchair to make it more wheelchair accessible, modifying work schedules, and / or modifying equipment.
on lobbying to lower future illegal immigration levels through congressional action, and to fight amnesties for existing illegal immigrants. many immigration restrictionists question the 1898 supreme court ruling u. s. v. wong kim ark, which held that individuals born on u. s. soil to non - citizen parents are u. s. citizens and guaranteed all the rights thereof. they feel that citizenship should be denied to the children of immigrants without valid immigration status. thus they have sought to end birthright citizenship, through a constitutional amendment or a congressional act. denial of public benefits to undocumented individuals is believed to remove the incentives and rewards for illegal immigrants. the 1994 california proposition 187 and the 2004 arizona proposition 200 protect arizona now were written to require proof of legal status in order to receive non - mandated benefits. on january 29, 2025, a majority of legislators in the tennessee senate voted to adopt sb6002, a bill which " creates criminal penalties for officials who adopt sanctuary policies and subsequently requires their removal from office upon conviction ". the act charges a class e felony, resulting in a potential prison sentence of between one to six years, upon " each official who, in their capacity as a member of the governing body of a local government, votes in the affirmative to adopt a sanctuary policy ". = = differences within immigration reductionism = = many who support reduced immigration numbers oppose association with the more extreme groups. the federation for american immigration reform has spoken out in 2004 against the views of another reductionist leader, virginia abernethy, calling her views " repulsive separatist views, " and called on her to resign from the advisory board of protect arizona now in arizona. peb and ccn are also critical of fair for fair's support of a national id card, which peb and ccn oppose. the protect arizona now movement split, with two rival state - level organizations, one supported by fair, the other supported by peb and ccn, working to support the passage of the ballot initiative. = = public opinion on immigration reduction = = some polls such as a late 2013 survey by the public religion research institute have found widespread opposition to immigration reduction. said survey stated that 63 % of americans support creating a pathway to citizenship so that formerly illegal residents of the u. s. could gradually acquire it while only 18 % back a hypothetical plan to find and deport all illegal residents. = = see also = = xenophobia in the united states illegal immigration to the united states immigration reform population control great replacement in the united states
congress, such as the employment non - discrimination act. at the start of 2010, the obama administration included gender identity among the classes protected against discrimination under the authority of the equal employment opportunity commission ( eeoc ). it was obama's wish to further attend to lgbt civil rights not only through legislation, but also the executive branch. in 2012 the equal employment opportunity commission ruled that title vii of the civil rights act of 1964 does not allow gender identity - based employment discrimination because it is a form of sex discrimination. in 2015, the equal employment opportunity commission concluded that title vii of the civil rights act of 1964 does not allow sexual orientation discrimination in employment because it is a form of sex discrimination. in march 2018, the sixth circuit court of appeals ruled in eeoc v. rg & gr harris funeral homes that transgender people are protected by federal sex discrimination laws. by august of that year, 16 states had joined an amicus brief asking the u. s. supreme court to reconsider the ruling. the supreme court agreed to hear the case as r. g. & g. r. harris funeral homes inc. v. equal employment opportunity commission and in a 6 – 3 decision on june 15, 2020, the court held that title vii protections pursuant to § 2000e - 2 ( a ) ( 1 ) did extend to cover sexual orientation and gender identity. on march 31, 2014, u. s. district court judge colleen kollar - kotelly ruled in the case of terveer v. billington, that peter terveer can sue for discrimination under title vii of the civil rights act, that bans sex discrimination, claiming that he faced discrimination after his boss found out that he was gay. title vii does not explicitly protect against sexual orientation discrimination, but judge kollar - kotelly's ruling leaves that a person could bring a claim under title vii's ban on sex discrimination because an employer views an employee's sexual orientation as " not consistent with acceptable gender roles. " on july 21, 2014, president obama signed executive order 13672, adding " gender identity " to the categories protected against discrimination in hiring in the federal civilian workforce and both " sexual orientation " and gender identity " to the categories protected against discrimination in hiring and employment on the part of federal government contractors and sub - contractors. on july 31, 2014, obama also signed executive order 13673, " fair pay and safe workplaces, " requiring companies with large federal contracts to prove their compliance with labor laws ; this executive order,
in all employment iowa : sexual orientation and gender identity protected in all employment kansas : sexual orientation and gender identity protected in state employment maryland : gender identity protected in state employment michigan : gender identity protected in state employment ohio : sexual orientation and gender identity protected in state employment oregon : sexual orientation and gender identity protected in all employment vermont : gender identity protected in all employment 2008 : kentucky : sexual orientation and gender identity protected in state employment louisiana : sexual orientation no longer protected in state employment 2009 : delaware : sexual orientation protected in all employment delaware : gender identity protected in state employment new york : gender identity protected in state employment 2010 : virginia : sexual orientation no longer protected in state employment missouri : sexual orientation protected in state employment 2011 : ohio : gender identity no longer protected in state employment massachusetts : gender identity protected in state employment hawaii : gender identity protected in all employment nevada : gender identity protected in all employment connecticut : gender identity protected in all employment alabama : gender identity protected in all employment florida : gender identity protected in all employment georgia : gender identity protected in all employment 2012 : massachusetts : gender identity protected in all employment 2013 : puerto rico : sexual orientation and gender identity protected in all employment delaware : gender identity protected in all employment 2014 : virginia : sexual orientation and gender identity protected in state employment maryland : gender identity protected in all employment 2015 : kansas : sexual orientation and gender identity no longer protected in state employment utah : sexual orientation and gender identity protected in all employment guam : sexual orientation and gender identity protected in all employment 2016 : montana : gender identity protected in state employment new york : gender identity protected in all employment north carolina : sexual orientation and gender identity protected in state employment louisiana : sexual orientation and gender identity protected in state employment new hampshire : sexual orientation and gender identity protected in state employment 2017 : indiana : sexual orientation protected in all employment louisiana : sexual orientation and gender identity no longer protected in state employment 2018 : kentucky : gender identity protected in all employment michigan : gender identity protected in all employment ohio : gender identity protected in all employment tennessee : gender identity protected in all employment michigan : sexual orientation and gender identity protected in all employment new hampshire : gender identity protected in all employment pennsylvania : sexual orientation and gender identity protected in all employment ohio : sexual orientation and gender identity protected in state employment 2019 : wisconsin : sexual orientation and gender identity protected in state employment kansas : sexual orientation and gender identity protected in state employment 2020 : virginia : sexual orientation and gender identity protected in all employment 2022 : michigan : sexual orientation and gender identity protected in all employment 2023 : arizona : sexual orientation and gender
a future " as - applied " constitutional challenge, however. in november 2006, a lawsuit was filed against the north central regional library district ( ncrl ) in washington state for its policy of refusing to disable restrictions upon requests of adult patrons, but cipa was not challenged in that matter. in may 2010, the washington state supreme court provided an opinion after it was asked to certify a question referred by the united states district court for the eastern district of washington : " whether a public library, consistent with article i, § 5 of the washington constitution, may filter internet access for all patrons without disabling web sites containing constitutionally - protected speech upon the request of an adult library patron. " the washington state supreme court ruled that ncrl's internet filtering policy did not violate article i, section 5 of the washington state constitution. the court said : " it appears to us that ncrl's filtering policy is reasonable and accords with its mission and these policies and is viewpoint neutral. it appears that no article i, section 5 content - based violation exists in this case. ncrl's essential mission is to promote reading and lifelong learning. as ncrl maintains, it is reasonable to impose restrictions on internet access in order to maintain an environment that is conducive to study and contemplative thought. " the case returned to federal court. in march 2007, virginia passed a law similar to cipa that requires public libraries receiving state funds to use content - control software. like cipa, the law requires libraries to disable filters for an adult library user when requested to do so by the user. = = bypassing filters = = content filtering in general can " be bypassed entirely by tech - savvy individuals. " blocking content on a device " [ will not ] … guarantee that users won't eventually be able to find a way around the filter. " content providers may change urls or ip addresses to circumvent filtering. individuals with technical expertise may use a different method by employing multiple domains or urls that direct to a shared ip address where restricted content is present. this strategy doesn't circumvent ip packet filtering, however can evade dns poisoning and web proxies. additionally, perpetrators may use mirrored websites that avoid filters. some software may be bypassed successfully by using alternative protocols such as ftp or telnet or https, conducting searches in a different language, using a proxy server or a circumventor such as psiphon. also cached web pages
Answer:
|
The equal protection clause of the Fourteenth Amendment
| null |
The State of Aurora requires licenses of persons "who are engaged in the trade of barbering." It will grant such licenses only to those who are graduates of barber schools located in Aurora, who have resided in the state for two years, and who are citizens of the United States. Which of the following is the strongest ground on which to challenge the requirement that candidates for barber licenses must have been residents of the state for at least two years?
0. The privileges and immunities clause of the Fourteenth Amendment
1. The due process clause of the Fourteenth Amendment
2. The equal protection clause of the Fourteenth Amendment
3. The obligation of contracts claus
, it is unlawful for private employers with 15 or more employees along with state and local government employers to discriminate against applicants based on the following : race, color, sex ( including pregnancy ), national origin, age ( 40 or over ), disability, or genetic information ( note : additional classes may be protected depending on state or local law ). more specifically, an employer cannot legally " fail or refuse to hire or to discharge any individual, or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privilege of employment " or " to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee. " the civil rights act of 1964 and 1991 ( title vii ) were passed into law to prevent the discrimination of individuals due to race, color, religion, sex, or national origin. the pregnancy discrimination act was added as an amendment and protects women if they are pregnant or have a pregnancy - related condition. the age discrimination in employment act of 1967 prohibits discriminatory practice directed against individuals who are 40 years of age and older. although some states ( e. g. new york ) do have laws preventing the discrimination of individuals younger than 40, no federal law exists. the americans with disabilities act of 1990 protects qualified individuals who currently have or in the past have had a physical or mental disability ( current users of illegal drugs are not covered under this act ). a person is covered if he has a disability that substantially limits a major life activity, has a history of a disability, is regarded by others as being disabled, or has a physical or mental impairment that is not transitory ( lasting or expected to last six months or less ) and minor. in order to be covered under this act, the individual must be qualified for the job. a qualified individual is " an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires. " unless the disability poses an " undue hardship, " reasonable accommodations must be made by the organization. " in general, an accommodation is any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities. " examples of reasonable accommodations are changing the workspace of an individual in a wheelchair to make it more wheelchair accessible, modifying work schedules, and / or modifying equipment.
on lobbying to lower future illegal immigration levels through congressional action, and to fight amnesties for existing illegal immigrants. many immigration restrictionists question the 1898 supreme court ruling u. s. v. wong kim ark, which held that individuals born on u. s. soil to non - citizen parents are u. s. citizens and guaranteed all the rights thereof. they feel that citizenship should be denied to the children of immigrants without valid immigration status. thus they have sought to end birthright citizenship, through a constitutional amendment or a congressional act. denial of public benefits to undocumented individuals is believed to remove the incentives and rewards for illegal immigrants. the 1994 california proposition 187 and the 2004 arizona proposition 200 protect arizona now were written to require proof of legal status in order to receive non - mandated benefits. on january 29, 2025, a majority of legislators in the tennessee senate voted to adopt sb6002, a bill which " creates criminal penalties for officials who adopt sanctuary policies and subsequently requires their removal from office upon conviction ". the act charges a class e felony, resulting in a potential prison sentence of between one to six years, upon " each official who, in their capacity as a member of the governing body of a local government, votes in the affirmative to adopt a sanctuary policy ". = = differences within immigration reductionism = = many who support reduced immigration numbers oppose association with the more extreme groups. the federation for american immigration reform has spoken out in 2004 against the views of another reductionist leader, virginia abernethy, calling her views " repulsive separatist views, " and called on her to resign from the advisory board of protect arizona now in arizona. peb and ccn are also critical of fair for fair's support of a national id card, which peb and ccn oppose. the protect arizona now movement split, with two rival state - level organizations, one supported by fair, the other supported by peb and ccn, working to support the passage of the ballot initiative. = = public opinion on immigration reduction = = some polls such as a late 2013 survey by the public religion research institute have found widespread opposition to immigration reduction. said survey stated that 63 % of americans support creating a pathway to citizenship so that formerly illegal residents of the u. s. could gradually acquire it while only 18 % back a hypothetical plan to find and deport all illegal residents. = = see also = = xenophobia in the united states illegal immigration to the united states immigration reform population control great replacement in the united states
congress, such as the employment non - discrimination act. at the start of 2010, the obama administration included gender identity among the classes protected against discrimination under the authority of the equal employment opportunity commission ( eeoc ). it was obama's wish to further attend to lgbt civil rights not only through legislation, but also the executive branch. in 2012 the equal employment opportunity commission ruled that title vii of the civil rights act of 1964 does not allow gender identity - based employment discrimination because it is a form of sex discrimination. in 2015, the equal employment opportunity commission concluded that title vii of the civil rights act of 1964 does not allow sexual orientation discrimination in employment because it is a form of sex discrimination. in march 2018, the sixth circuit court of appeals ruled in eeoc v. rg & gr harris funeral homes that transgender people are protected by federal sex discrimination laws. by august of that year, 16 states had joined an amicus brief asking the u. s. supreme court to reconsider the ruling. the supreme court agreed to hear the case as r. g. & g. r. harris funeral homes inc. v. equal employment opportunity commission and in a 6 – 3 decision on june 15, 2020, the court held that title vii protections pursuant to § 2000e - 2 ( a ) ( 1 ) did extend to cover sexual orientation and gender identity. on march 31, 2014, u. s. district court judge colleen kollar - kotelly ruled in the case of terveer v. billington, that peter terveer can sue for discrimination under title vii of the civil rights act, that bans sex discrimination, claiming that he faced discrimination after his boss found out that he was gay. title vii does not explicitly protect against sexual orientation discrimination, but judge kollar - kotelly's ruling leaves that a person could bring a claim under title vii's ban on sex discrimination because an employer views an employee's sexual orientation as " not consistent with acceptable gender roles. " on july 21, 2014, president obama signed executive order 13672, adding " gender identity " to the categories protected against discrimination in hiring in the federal civilian workforce and both " sexual orientation " and gender identity " to the categories protected against discrimination in hiring and employment on the part of federal government contractors and sub - contractors. on july 31, 2014, obama also signed executive order 13673, " fair pay and safe workplaces, " requiring companies with large federal contracts to prove their compliance with labor laws ; this executive order,
in all employment iowa : sexual orientation and gender identity protected in all employment kansas : sexual orientation and gender identity protected in state employment maryland : gender identity protected in state employment michigan : gender identity protected in state employment ohio : sexual orientation and gender identity protected in state employment oregon : sexual orientation and gender identity protected in all employment vermont : gender identity protected in all employment 2008 : kentucky : sexual orientation and gender identity protected in state employment louisiana : sexual orientation no longer protected in state employment 2009 : delaware : sexual orientation protected in all employment delaware : gender identity protected in state employment new york : gender identity protected in state employment 2010 : virginia : sexual orientation no longer protected in state employment missouri : sexual orientation protected in state employment 2011 : ohio : gender identity no longer protected in state employment massachusetts : gender identity protected in state employment hawaii : gender identity protected in all employment nevada : gender identity protected in all employment connecticut : gender identity protected in all employment alabama : gender identity protected in all employment florida : gender identity protected in all employment georgia : gender identity protected in all employment 2012 : massachusetts : gender identity protected in all employment 2013 : puerto rico : sexual orientation and gender identity protected in all employment delaware : gender identity protected in all employment 2014 : virginia : sexual orientation and gender identity protected in state employment maryland : gender identity protected in all employment 2015 : kansas : sexual orientation and gender identity no longer protected in state employment utah : sexual orientation and gender identity protected in all employment guam : sexual orientation and gender identity protected in all employment 2016 : montana : gender identity protected in state employment new york : gender identity protected in all employment north carolina : sexual orientation and gender identity protected in state employment louisiana : sexual orientation and gender identity protected in state employment new hampshire : sexual orientation and gender identity protected in state employment 2017 : indiana : sexual orientation protected in all employment louisiana : sexual orientation and gender identity no longer protected in state employment 2018 : kentucky : gender identity protected in all employment michigan : gender identity protected in all employment ohio : gender identity protected in all employment tennessee : gender identity protected in all employment michigan : sexual orientation and gender identity protected in all employment new hampshire : gender identity protected in all employment pennsylvania : sexual orientation and gender identity protected in all employment ohio : sexual orientation and gender identity protected in state employment 2019 : wisconsin : sexual orientation and gender identity protected in state employment kansas : sexual orientation and gender identity protected in state employment 2020 : virginia : sexual orientation and gender identity protected in all employment 2022 : michigan : sexual orientation and gender identity protected in all employment 2023 : arizona : sexual orientation and gender
a future " as - applied " constitutional challenge, however. in november 2006, a lawsuit was filed against the north central regional library district ( ncrl ) in washington state for its policy of refusing to disable restrictions upon requests of adult patrons, but cipa was not challenged in that matter. in may 2010, the washington state supreme court provided an opinion after it was asked to certify a question referred by the united states district court for the eastern district of washington : " whether a public library, consistent with article i, § 5 of the washington constitution, may filter internet access for all patrons without disabling web sites containing constitutionally - protected speech upon the request of an adult library patron. " the washington state supreme court ruled that ncrl's internet filtering policy did not violate article i, section 5 of the washington state constitution. the court said : " it appears to us that ncrl's filtering policy is reasonable and accords with its mission and these policies and is viewpoint neutral. it appears that no article i, section 5 content - based violation exists in this case. ncrl's essential mission is to promote reading and lifelong learning. as ncrl maintains, it is reasonable to impose restrictions on internet access in order to maintain an environment that is conducive to study and contemplative thought. " the case returned to federal court. in march 2007, virginia passed a law similar to cipa that requires public libraries receiving state funds to use content - control software. like cipa, the law requires libraries to disable filters for an adult library user when requested to do so by the user. = = bypassing filters = = content filtering in general can " be bypassed entirely by tech - savvy individuals. " blocking content on a device " [ will not ] … guarantee that users won't eventually be able to find a way around the filter. " content providers may change urls or ip addresses to circumvent filtering. individuals with technical expertise may use a different method by employing multiple domains or urls that direct to a shared ip address where restricted content is present. this strategy doesn't circumvent ip packet filtering, however can evade dns poisoning and web proxies. additionally, perpetrators may use mirrored websites that avoid filters. some software may be bypassed successfully by using alternative protocols such as ftp or telnet or https, conducting searches in a different language, using a proxy server or a circumventor such as psiphon. also cached web pages
Answer:
|
The obligation of contracts claus
| 0.3 |
John was fired from his job. Too proud to apply for unemployment benefits, he used his savings to feed his family. When one of his children became ill, he did not seek medical attention for the child at a state clinic because he did not want to accept what he regarded as charity. Eventually, weakened by malnutrition, the child died as a result of the illness. John has committed
0. murder.
1. involuntary manslaughter.
2. voluntary manslaughter.
3. no form of criminal homicide
meadow's law is a now - discredited legal concept once used to adjudicate cases involving multiple instances of sudden infant death syndrome ( sids ), also known as crib or cot deaths, linked to a single caregiver. due to the rarity and often inexplicable nature of these deaths, the law posited that " one sudden infant death is a tragedy, two is suspicious and three is murder until proved otherwise. " now recognized as fundamentally flawed and based on misunderstanding of statistics, meadow's law has been heavily criticized for leading to wrongful convictions and accusations. = = history = = the name is derived from the controversial british paediatrician roy meadow, who until 2003 was seen by many as " britain's most eminent paediatrician " and leading expert on child abuse. meadow's reputation went into decline with a series of legal reverses for his theories, and in july 2005 he was struck off the medical register by the general medical council for tendering misleading evidence. meadow's licence was reinstated in february 2006 by a london court. meadow attributes many unexplained infant deaths to the disorder or condition in mothers called munchausen syndrome by proxy. according to this diagnosis some parents, especially mothers, harm or even kill their children as a means of calling attention to themselves. its existence has been confirmed by cases where parents have been caught on video surveillance actively harming their children, but its frequency is subject to debate as meadow claimed to have destroyed the original data which he used to substantiate the law. as a result of the 1993 trial of beverley allitt, a paediatric nurse convicted of killing four children under her care and injuring five others, meadow's ideas gained ascendancy in british child protection circles, and mothers were convicted of murder on the basis of his expert testimony. thousands of children were removed from their parents and taken into care or fostered out because they were deemed to be'at risk '. from 2003, however, the tide of opinion turned : a number of high - profile acquittals cast doubt on the validity of'meadow's law '. several convictions were reversed, and many more came under review. = = = attribution to the di maios = = = in a note to his mathematical analysis of the sally clark case, professor ray hill endorses a claim that meadow did not originate the rule : professor meadow did not originate the law. it appears to be at
, law student sunny ang was hanged in changi prison on 6 february 1967 for the alleged murder of his girlfriend during a scuba diving trip near sisters'islands. he was convicted purely based on circumstantial evidence and without a body, as his girlfriend's corpse was lost at sea and never found. francis seow, prosecuting, said in his opening statement, " this is an unusual case insofar as singapore, or for that matter malaysia, is concerned. this is the first case of its kind to be tried in our courts that there is no body. " but he said that it would not mean that crafty killers would get away with murder and escape the brunt of the law. it would only mean that the burden of proof of the prosecution was higher, a burden which was eventually met and led to ang's conviction. = = other modern cases = = = = = 1980s = = = in 1984, mark tildesley, a seven - year - old schoolboy, disappeared after leaving his home to go to the fairground in wokingham, england. in 1990, it emerged that on the night he disappeared, tildesley had been abducted, drugged, tortured, raped and murdered by a london - based paedophile gang led by sidney cooke. leslie bailey was charged with murder in 1991 and the following year was given two life sentences. bailey was murdered in prison by other inmates shortly afterwards. the murder of catrine da costa centered on the limits of the necessity of a physical body to determine whether murder has been committed. as the remains of da costa's body lacked certain vital organs, making a determination of the case as one of murder, absent a confession, as seemingly impossible, although evidence suggested she had been dismembered by two alleged culprits. following conviction and retrial for murder, both suspects were acquitted as, due to the cause of death being impossible to determine, a " natural " or non - homicidal cause could not be ruled out. in june 1985, bournemouth woman carole packman vanished from her family home. her husband, russell causley, claimed that she had left and did not want to be contacted. he later attempted to fake his own death in a £1 million life insurance fraud, after which the police investigated his role in packman's disappearance. causley was eventually convicted of the murder in 1996 that conviction was quashed on appeal in 2003, but after a retrial in 2004, he was again convicted
signs of infection the patient may be offered surgery to release the burn so that their movement is not restricted. = = = management = = = it is important to remember that some child burns are not accidental and health care workers need to observe for suspicious injuries in children. non - accidental child burns are more common in low income households, families with a single parent or young parents. social services may also be contacted when the burn injury is thought not to be deliberate but perhaps due to inadequate supervision of the child. = = references = =
regret losses more than they enjoy equivalent gains. in the baby jessica example above, the death of jessica if she had not been rescued would have been a tragic loss, but the children's lives that might have been saved through preventative health care were framed as gains. the decision to help an identified victim is made ex post, after the victim is in danger, but the decision to save a statistical victim is often made ex ante, to prevent danger to the individual. people may feel a responsibility to an actual identified victim but not to a possible victim of a future tragedy that might not occur. this explanation is closest to what thomas schelling implied in his now - famous paper. jenni and loewenstein ( 1997 ) did not find evidence that ex post vs ex ante evaluation contributes to the identifiable victim effect, but small and lowenstein ( 2003 ) did. indeed, researchers have generally found that identified victims are more likely to be helped than statistical ones. for example, small, loewenstein, and slovic found that subjects donated much more money to help a single starving girl named rokia than to relieve a famine described statistically. = = relation to other cognitive biases = = the identifiable victim effect is a special case of a more general phenomenon : people respond to stories more readily than to facts. kubin et al found that people have more respect for their political opponents'opinions when their opponents support their opinions with personal experiences rather than facts. in keeping with the literature on the identifiable victim effect, they found that personal experiences involving harm are particularly effective. the preference for helping a single individual rather than a group is sometimes called the singularity effect. indifference to the number of individuals helped is called scope neglect or scope insensitivity. the identifiable victim effect has a mirror image that is sometimes called the identifiable perpetrator effect. research has shown that individuals are more inclined to mete out punishment, even at their own expense, when they are punishing a specific, identified perpetrator. they also exert more severe punishments and express stronger feelings of blame and anger. even when the perpetrator is identified only by a number, subjects are more inclined to punish if they know the perpetrator ’ s number when they decide whether to punish than if they learn the number later. this effect has also been called the “ goldstein effect, ” after the fictional emmanuel goldstein, who was vilified as the supposed enemy of the state in george orwell ’ s dystopian novel 1984. these two effects,
undernutrition in children, occurs when children do not consume enough calories, protein, or micronutrients to maintain good health. it is common globally and may result in both short and long term irreversible adverse health outcomes. undernutrition is sometimes used synonymously with malnutrition, however, malnutrition could mean both undernutrition or overnutrition ( causing childhood obesity ). the world health organization ( who ) estimates that malnutrition accounts for 54 percent of child mortality worldwide, which is about 1 million children. another estimate, also by who, states that childhood underweight is the cause for about 35 % of all deaths of children under the age of five worldwide. the main causes of malnutrition are often related to poverty : unsafe water, inadequate sanitation or insufficient hygiene, factors related to society, diseases, maternal factors, gender issues as well as other factors. = = background = = linked to 1⁄3 of all child deaths, malnutrition is especially dangerous for women and children. malnourished women will usually have malnourished fetuses while they are pregnant, which can lead to physically and mentally stunted children, creating a cycle of malnutrition and underdevelopment. one of the most severe at risk populations are children under 5. malnutrition during the early stages of development can have negative and severe effects on growth and intellectual development. this effect on a child's intellectual quotient makes it harder for them later in life to achieve their true potential abilities. breaking the cycle of malnutrition during early childhood development can break the cycle of intergenerational poverty among poor communities. there are a variety of ways in which malnutrition can affect the body. globally, 162 million children show symptoms of malnutrition such as stunting, which is an indicator of malnourishment. the who reported that two out of five children that are stunted live in southern asia, however africa is the only region where there is an increasing number of stunted children. common micronutrient deficiencies are iron, zinc, iodine, and vitamin a. micronutrient deficiencies can cause an increase of illness due to a compromised immune systems or abnormal physiology and development. protein - energy malnutrition ( pem ) is another form of malnutrition that affects children. pem can appear as conditions called marasmus, kwashiorkor,
Answer:
|
involuntary manslaughter.
| null |
John was fired from his job. Too proud to apply for unemployment benefits, he used his savings to feed his family. When one of his children became ill, he did not seek medical attention for the child at a state clinic because he did not want to accept what he regarded as charity. Eventually, weakened by malnutrition, the child died as a result of the illness. John has committed
0. murder.
1. involuntary manslaughter.
2. voluntary manslaughter.
3. no form of criminal homicide
meadow's law is a now - discredited legal concept once used to adjudicate cases involving multiple instances of sudden infant death syndrome ( sids ), also known as crib or cot deaths, linked to a single caregiver. due to the rarity and often inexplicable nature of these deaths, the law posited that " one sudden infant death is a tragedy, two is suspicious and three is murder until proved otherwise. " now recognized as fundamentally flawed and based on misunderstanding of statistics, meadow's law has been heavily criticized for leading to wrongful convictions and accusations. = = history = = the name is derived from the controversial british paediatrician roy meadow, who until 2003 was seen by many as " britain's most eminent paediatrician " and leading expert on child abuse. meadow's reputation went into decline with a series of legal reverses for his theories, and in july 2005 he was struck off the medical register by the general medical council for tendering misleading evidence. meadow's licence was reinstated in february 2006 by a london court. meadow attributes many unexplained infant deaths to the disorder or condition in mothers called munchausen syndrome by proxy. according to this diagnosis some parents, especially mothers, harm or even kill their children as a means of calling attention to themselves. its existence has been confirmed by cases where parents have been caught on video surveillance actively harming their children, but its frequency is subject to debate as meadow claimed to have destroyed the original data which he used to substantiate the law. as a result of the 1993 trial of beverley allitt, a paediatric nurse convicted of killing four children under her care and injuring five others, meadow's ideas gained ascendancy in british child protection circles, and mothers were convicted of murder on the basis of his expert testimony. thousands of children were removed from their parents and taken into care or fostered out because they were deemed to be'at risk '. from 2003, however, the tide of opinion turned : a number of high - profile acquittals cast doubt on the validity of'meadow's law '. several convictions were reversed, and many more came under review. = = = attribution to the di maios = = = in a note to his mathematical analysis of the sally clark case, professor ray hill endorses a claim that meadow did not originate the rule : professor meadow did not originate the law. it appears to be at
, law student sunny ang was hanged in changi prison on 6 february 1967 for the alleged murder of his girlfriend during a scuba diving trip near sisters'islands. he was convicted purely based on circumstantial evidence and without a body, as his girlfriend's corpse was lost at sea and never found. francis seow, prosecuting, said in his opening statement, " this is an unusual case insofar as singapore, or for that matter malaysia, is concerned. this is the first case of its kind to be tried in our courts that there is no body. " but he said that it would not mean that crafty killers would get away with murder and escape the brunt of the law. it would only mean that the burden of proof of the prosecution was higher, a burden which was eventually met and led to ang's conviction. = = other modern cases = = = = = 1980s = = = in 1984, mark tildesley, a seven - year - old schoolboy, disappeared after leaving his home to go to the fairground in wokingham, england. in 1990, it emerged that on the night he disappeared, tildesley had been abducted, drugged, tortured, raped and murdered by a london - based paedophile gang led by sidney cooke. leslie bailey was charged with murder in 1991 and the following year was given two life sentences. bailey was murdered in prison by other inmates shortly afterwards. the murder of catrine da costa centered on the limits of the necessity of a physical body to determine whether murder has been committed. as the remains of da costa's body lacked certain vital organs, making a determination of the case as one of murder, absent a confession, as seemingly impossible, although evidence suggested she had been dismembered by two alleged culprits. following conviction and retrial for murder, both suspects were acquitted as, due to the cause of death being impossible to determine, a " natural " or non - homicidal cause could not be ruled out. in june 1985, bournemouth woman carole packman vanished from her family home. her husband, russell causley, claimed that she had left and did not want to be contacted. he later attempted to fake his own death in a £1 million life insurance fraud, after which the police investigated his role in packman's disappearance. causley was eventually convicted of the murder in 1996 that conviction was quashed on appeal in 2003, but after a retrial in 2004, he was again convicted
signs of infection the patient may be offered surgery to release the burn so that their movement is not restricted. = = = management = = = it is important to remember that some child burns are not accidental and health care workers need to observe for suspicious injuries in children. non - accidental child burns are more common in low income households, families with a single parent or young parents. social services may also be contacted when the burn injury is thought not to be deliberate but perhaps due to inadequate supervision of the child. = = references = =
regret losses more than they enjoy equivalent gains. in the baby jessica example above, the death of jessica if she had not been rescued would have been a tragic loss, but the children's lives that might have been saved through preventative health care were framed as gains. the decision to help an identified victim is made ex post, after the victim is in danger, but the decision to save a statistical victim is often made ex ante, to prevent danger to the individual. people may feel a responsibility to an actual identified victim but not to a possible victim of a future tragedy that might not occur. this explanation is closest to what thomas schelling implied in his now - famous paper. jenni and loewenstein ( 1997 ) did not find evidence that ex post vs ex ante evaluation contributes to the identifiable victim effect, but small and lowenstein ( 2003 ) did. indeed, researchers have generally found that identified victims are more likely to be helped than statistical ones. for example, small, loewenstein, and slovic found that subjects donated much more money to help a single starving girl named rokia than to relieve a famine described statistically. = = relation to other cognitive biases = = the identifiable victim effect is a special case of a more general phenomenon : people respond to stories more readily than to facts. kubin et al found that people have more respect for their political opponents'opinions when their opponents support their opinions with personal experiences rather than facts. in keeping with the literature on the identifiable victim effect, they found that personal experiences involving harm are particularly effective. the preference for helping a single individual rather than a group is sometimes called the singularity effect. indifference to the number of individuals helped is called scope neglect or scope insensitivity. the identifiable victim effect has a mirror image that is sometimes called the identifiable perpetrator effect. research has shown that individuals are more inclined to mete out punishment, even at their own expense, when they are punishing a specific, identified perpetrator. they also exert more severe punishments and express stronger feelings of blame and anger. even when the perpetrator is identified only by a number, subjects are more inclined to punish if they know the perpetrator ’ s number when they decide whether to punish than if they learn the number later. this effect has also been called the “ goldstein effect, ” after the fictional emmanuel goldstein, who was vilified as the supposed enemy of the state in george orwell ’ s dystopian novel 1984. these two effects,
undernutrition in children, occurs when children do not consume enough calories, protein, or micronutrients to maintain good health. it is common globally and may result in both short and long term irreversible adverse health outcomes. undernutrition is sometimes used synonymously with malnutrition, however, malnutrition could mean both undernutrition or overnutrition ( causing childhood obesity ). the world health organization ( who ) estimates that malnutrition accounts for 54 percent of child mortality worldwide, which is about 1 million children. another estimate, also by who, states that childhood underweight is the cause for about 35 % of all deaths of children under the age of five worldwide. the main causes of malnutrition are often related to poverty : unsafe water, inadequate sanitation or insufficient hygiene, factors related to society, diseases, maternal factors, gender issues as well as other factors. = = background = = linked to 1⁄3 of all child deaths, malnutrition is especially dangerous for women and children. malnourished women will usually have malnourished fetuses while they are pregnant, which can lead to physically and mentally stunted children, creating a cycle of malnutrition and underdevelopment. one of the most severe at risk populations are children under 5. malnutrition during the early stages of development can have negative and severe effects on growth and intellectual development. this effect on a child's intellectual quotient makes it harder for them later in life to achieve their true potential abilities. breaking the cycle of malnutrition during early childhood development can break the cycle of intergenerational poverty among poor communities. there are a variety of ways in which malnutrition can affect the body. globally, 162 million children show symptoms of malnutrition such as stunting, which is an indicator of malnourishment. the who reported that two out of five children that are stunted live in southern asia, however africa is the only region where there is an increasing number of stunted children. common micronutrient deficiencies are iron, zinc, iodine, and vitamin a. micronutrient deficiencies can cause an increase of illness due to a compromised immune systems or abnormal physiology and development. protein - energy malnutrition ( pem ) is another form of malnutrition that affects children. pem can appear as conditions called marasmus, kwashiorkor,
Answer:
|
no form of criminal homicide
| 0.3 |
Professor Merrill, in a lecture in her psychology course at a private university, described an experiment in which a group of college students in a neighboring city rushed out and washed cars stopped at traffic lights during the rush hour. She described how people reacted differently with shock, joy, and surprise. At the conclusion of her report, she said, "You understand, of course, that you are not to undertake this or any other experiment unless you first clear it with me." Four of Merrill's students decided to try the same experiment but did not clear it with Merrill. One subject of their experiment, Carr, said, "I was shocked. There were two people on each side of the car. At first I thought negatively. I thought they were going to attack me and thought of driving away. Then I quieted down and decided there were too many dirty cars in the city anyway." Charitable immunity has been abolished in the jurisdiction. "If Carr asserts a claim against the students who washed his car, his best theory is
0. assault.
1. negligence.
2. invasion of privacy.
3. false imprisonment
the medical guidelines established in the nuremberg code were imported into the ethical guidelines for the social sciences, informed consent became a common part of the research procedure. however, while informed consent is the default in medical settings, it is not always required in the social sciences. here, firstly, research often involves low or no risk for participants, unlike in many medical experiments. secondly, the mere knowledge that they participate in a study can cause people to alter their behavior, as in the hawthorne effect : " in the typical lab experiment, subjects enter an environment in which they are keenly aware that their behavior is being monitored, recorded, and subsequently scrutinized. " : 168 in such cases, seeking informed consent directly interferes with the ability to conduct the research, because the very act of revealing that a study is being conducted is likely to alter the behavior studied. author j. a. list explains the potential dilemma that can result : " if one were interested in exploring whether, and to what extent, race or gender influences the prices that buyers pay for used cars, it would be difficult to measure accurately the degree of discrimination among used car dealers who know that they are taking part in an experiment. " in a case where such interference is likely, and after careful consideration, a researcher may forgo the informed consent process. this may be done after the researcher ( s ) and an ethics committee and / or institutional review board ( irb ) weigh the risk to study participants against the benefits to society and whether participants participate voluntarily and are to be treated fairly. the birth of new online media, such as social media, has complicated the idea of informed consent. in an online environment people pay little attention to terms of use agreements and can subject themselves to research without thorough knowledge. this issue came to the public light following a study conducted by facebook in 2014, and published by that company and cornell university. facebook conducted a study without consulting an ethics committee or irb where they altered the facebook news feeds of roughly 700, 000 users to reduce either the amount of positive or negative posts they saw for a week. the study then analyzed if the users'status updates changed during the different conditions. the study was published in the proceedings of the national academy of sciences. the lack of informed consent led to outrage among many researchers and users. many believed that by potentially altering the mood of users by altering what posts they see, facebook put at - risk individuals at higher dangers for depression and suicide. however, supporters of facebook claim that facebook details that they have the right to use information
december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 – 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r. day ( december 1969 ). " assured clear distance doctrine in louisiana ". louisiana law review. 30 ( 1 ) : 129 – 139. alfred a. sniadowski ; john de mots ; charles s. reddy ; frank e. bright ( 1938 ). " recent decisions ". notre dame law review. 13 ( 4 ). richard m. nixon ( october 1936 ). " changing rules of liability in automobile accident litigation ". law and contemporary problems. 3 ( 4 ) : 476 – 490. doi : 10. 2307 / 1189341. issn 0023 - 9186. jstor 1189341. = = = = other printed resources = = = = david a. sklansky ( february 16, 2012 ). " ch. 9, 11, & 12 ". evidence : cases, commentary and problems ( 3 ed. ). aspen publishers. isbn 9781454806820. marc green ; et al. ( 2008 ). forensic vision with application to highway safety ( 3 ed. ). lawyers & judges publishing company, inc. p. 454. isbn 9781933264547. j. stannard baker ( 1963 ). traffic accident investigator's manual for police ( 2 ed. ). the traffic institute, northwestern university. pp. 44 – 48, 162 – 167. lccn 62 - 20895. a policy on geometric design of highways and streets ( 6th ed. ). american association of state highway and transportation officials. 2011. isbn 978 - 1560515081. brian wolshon ; anurag pande ( 2015 ). traffic engineering handbook ( 7th ed. ). institute of traffic engineers. isbn 978 - 1 - 118 - 76230 - 1. john c. glennon ; paul f. hill ( 2004 ). roadway safety and tort liability ( 2 ed. ). lawyers & judges publishing company, inc. isbn 978 - 1930056947. national cooperative highway research program ( 1997 ). nchrp report 400 : determination of stopping sight distances ( pdf ). transportation research board ( national academy press ). isbn 978 - 0 - 309 - 06073 - 8. national center for statistics and analysis ( 2015 ). 2013 traffic
and their sidewalks, the main public places of a city " and that they " are its most vital organs, because they provide the principal visual scenes ". wilson and kelling, as well as jacobs, argue on the concept of civility ( or the lack thereof ) and how it creates lasting distortions between crime and disorder. ranasinghe explains that the common framework of both set of authors is to narrate the problem facing urban public places. jacobs, according to ranasinghe, maintains that " civility functions as a means of informal social control, subject little to institutionalized norms and processes, such as the law "'but rather maintained through an'" intricate, almost unconscious, network of voluntary controls and standards among people... and enforced by the people themselves ". = = case studies = = = = = precursor experiments = = = before the introduction of this theory by wilson and kelling, philip zimbardo, a stanford psychologist, arranged an experiment testing the broken - window theory in 1969. zimbardo arranged for an automobile with no license plates and the hood up to be parked idle in a bronx neighbourhood and a second automobile, in the same condition, to be set up in palo alto, california. the car in the bronx was attacked within minutes of its abandonment. zimbardo noted that the first " vandals " to arrive were a family — a father, mother, and a young son — who removed the radiator and battery. within twenty - four hours of its abandonment, everything of value had been stripped from the vehicle. after that, the car's windows were smashed in, parts torn, upholstery ripped, and children were using the car as a playground. at the same time, the vehicle sitting idle in palo alto sat untouched for more than a week until zimbardo himself went up to the vehicle and deliberately smashed it with a sledgehammer. soon after, people joined in for the destruction, although criticism has been levelled at this claim as the destruction occurred after the car was moved to the campus of stanford university and zimbardo's own students were the first to join him. zimbardo observed that a majority of the adult " vandals " in both cases were primarily well dressed, caucasian, clean - cut and seemingly respectable individuals. it is believed that, in a neighborhood such as the bronx where the history of abandoned property and theft is more prevalent, vandalism occurs much more quickly, as the community generally
the wells effect describes an empirical disconnect between people's judgment of guilt in a trial setting, and both the mathematical and subjective probability involving guilt. this finding shows that evidence that makes a defendant's guilt more or less probable will not necessarily make a guilty verdict more or less likely, which suggests that the judgments made in courts are not governed by rational decision making. = = origins = = this behavioral effect was first established in a series of experiments by psychologist gary l. wells. this study examined the difference between how mock jurors judged naked statistics ( statistical evidence that is unrelated to the specific case ) and other forms of evidence, and found that a simple probability - threshold model ( i. e., that jurors decide guilt when the subjective probability of guilt crosses a threshold value ) cannot account for juror behavior. the experiments were based on variants of the hypothetical blue bus case, which first appeared in the legal literature to describe the unsuitability of naked statistics in trial. in wells's studies, participants were asked to rule on a case in which a woman had watched her dog get struck by a bus and killed, but was unable to identify the bus. one group of participants ( in the rate of traffic case ) was presented with evidence that the blue bus company was responsible for 80 % of the traffic on the road, and the competing gray bus company was responsible for the other 20 % ; a second group ( in the weight attendant case ) was presented with the testimony of a weight attendant who made a record indicating that a blue bus was on the road at a time corresponding to the accident, and that of a second witness who testified that this record was known to be incorrect 20 % of the time. when asked to guess the probability that the blue bus company was responsible for the accident, participants from both groups correctly reported an average 80 % chance. however, when asked to make a determination of guilt in the case, those in the first group made a judgment against the blue bus company only 8. 2 % of the time, while those in the second group found the blue bus company liable in 67. 1 % of the cases. = = variants and proposed mechanisms = = the original study found evidence for a process wells described as " fact - to - evidence reasoning ". a juror engaged in such reasoning would ignore evidence unless the evidence itself can ( or cannot ) be supported by the judgment of the ultimate fact. i. e., jurors would ignore naked statistics ( such as the rate of traffic ) because
" normal aberration ". last but not least, plutonium contamination is tagged as " infiltration ". the acid rain which imposes destroying effects on lakes and forests has its own euphemistic label of " atmospheric deposition of anthropogenically derived acidic substances ". the agent - less passive style in presenting events is a second linguistic tool with the help of which people can establish the appearance that the blamable and pernicious acts stem from indescribable forces rather than people themselves. people removed themselves from being the agents of their own acts. when a driver explaining to police how he managed to demolish a telephone pole, he said " the telephone pole was approaching. i was attempting to swerve out of its way, when it struck my front end. " the specialized jargons of a legitimate enterprise can even be misused under an unlawful circumstance by the outlaw to beautify their harmful behaviours. in the watergate vocabulary, criminal conspiracy was referred as a " game plan ", and the conspirators were relabeled as " team players ". = = = advantageous comparison = = = in addition to moral justification, another mechanism that individuals can deploy to make harmful behavior seem morally acceptable is termed advantageous comparison. this process exploits the contrast principle, which follows the assumption that the perception of human conduct is influenced by what it is compared against. that is, individuals contrast their conduct with other examples of more immoral behavior and in doing this comparison their own behavior is trivialized. the more immoral the contrasting behavior is, the more likely it is that one's destructive behavior will seem less bad. for example, " the massive destruction in vietnam was minimized by portraying the american military intervention as saving the populace from communist enslavement ". these so - called exonerating comparisons rely on the moral justification by utilitarian standards. two sets of judgements facilitate making destructive behavior morally acceptable. firstly, non - violent alternatives are judged to be ineffective to achieve desired changes and consequently eliminated as options. " secondly, utilitarian analyses affirm that one's injurious actions will prevent more human suffering than they cause. " albert bandura suggested that applying the utilitarian calculus in specific situations is " quite slippery " because of the uncertainties that the future contains and the biases in human judgement. according to his belief, the calculation process of estimating the significance of potential threats is subjective. bandura also argues that moral justification and advantageous
Answer:
|
assault.
| null |
Professor Merrill, in a lecture in her psychology course at a private university, described an experiment in which a group of college students in a neighboring city rushed out and washed cars stopped at traffic lights during the rush hour. She described how people reacted differently with shock, joy, and surprise. At the conclusion of her report, she said, "You understand, of course, that you are not to undertake this or any other experiment unless you first clear it with me." Four of Merrill's students decided to try the same experiment but did not clear it with Merrill. One subject of their experiment, Carr, said, "I was shocked. There were two people on each side of the car. At first I thought negatively. I thought they were going to attack me and thought of driving away. Then I quieted down and decided there were too many dirty cars in the city anyway." Charitable immunity has been abolished in the jurisdiction. "If Carr asserts a claim against the students who washed his car, his best theory is
0. assault.
1. negligence.
2. invasion of privacy.
3. false imprisonment
the medical guidelines established in the nuremberg code were imported into the ethical guidelines for the social sciences, informed consent became a common part of the research procedure. however, while informed consent is the default in medical settings, it is not always required in the social sciences. here, firstly, research often involves low or no risk for participants, unlike in many medical experiments. secondly, the mere knowledge that they participate in a study can cause people to alter their behavior, as in the hawthorne effect : " in the typical lab experiment, subjects enter an environment in which they are keenly aware that their behavior is being monitored, recorded, and subsequently scrutinized. " : 168 in such cases, seeking informed consent directly interferes with the ability to conduct the research, because the very act of revealing that a study is being conducted is likely to alter the behavior studied. author j. a. list explains the potential dilemma that can result : " if one were interested in exploring whether, and to what extent, race or gender influences the prices that buyers pay for used cars, it would be difficult to measure accurately the degree of discrimination among used car dealers who know that they are taking part in an experiment. " in a case where such interference is likely, and after careful consideration, a researcher may forgo the informed consent process. this may be done after the researcher ( s ) and an ethics committee and / or institutional review board ( irb ) weigh the risk to study participants against the benefits to society and whether participants participate voluntarily and are to be treated fairly. the birth of new online media, such as social media, has complicated the idea of informed consent. in an online environment people pay little attention to terms of use agreements and can subject themselves to research without thorough knowledge. this issue came to the public light following a study conducted by facebook in 2014, and published by that company and cornell university. facebook conducted a study without consulting an ethics committee or irb where they altered the facebook news feeds of roughly 700, 000 users to reduce either the amount of positive or negative posts they saw for a week. the study then analyzed if the users'status updates changed during the different conditions. the study was published in the proceedings of the national academy of sciences. the lack of informed consent led to outrage among many researchers and users. many believed that by potentially altering the mood of users by altering what posts they see, facebook put at - risk individuals at higher dangers for depression and suicide. however, supporters of facebook claim that facebook details that they have the right to use information
december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 – 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r. day ( december 1969 ). " assured clear distance doctrine in louisiana ". louisiana law review. 30 ( 1 ) : 129 – 139. alfred a. sniadowski ; john de mots ; charles s. reddy ; frank e. bright ( 1938 ). " recent decisions ". notre dame law review. 13 ( 4 ). richard m. nixon ( october 1936 ). " changing rules of liability in automobile accident litigation ". law and contemporary problems. 3 ( 4 ) : 476 – 490. doi : 10. 2307 / 1189341. issn 0023 - 9186. jstor 1189341. = = = = other printed resources = = = = david a. sklansky ( february 16, 2012 ). " ch. 9, 11, & 12 ". evidence : cases, commentary and problems ( 3 ed. ). aspen publishers. isbn 9781454806820. marc green ; et al. ( 2008 ). forensic vision with application to highway safety ( 3 ed. ). lawyers & judges publishing company, inc. p. 454. isbn 9781933264547. j. stannard baker ( 1963 ). traffic accident investigator's manual for police ( 2 ed. ). the traffic institute, northwestern university. pp. 44 – 48, 162 – 167. lccn 62 - 20895. a policy on geometric design of highways and streets ( 6th ed. ). american association of state highway and transportation officials. 2011. isbn 978 - 1560515081. brian wolshon ; anurag pande ( 2015 ). traffic engineering handbook ( 7th ed. ). institute of traffic engineers. isbn 978 - 1 - 118 - 76230 - 1. john c. glennon ; paul f. hill ( 2004 ). roadway safety and tort liability ( 2 ed. ). lawyers & judges publishing company, inc. isbn 978 - 1930056947. national cooperative highway research program ( 1997 ). nchrp report 400 : determination of stopping sight distances ( pdf ). transportation research board ( national academy press ). isbn 978 - 0 - 309 - 06073 - 8. national center for statistics and analysis ( 2015 ). 2013 traffic
and their sidewalks, the main public places of a city " and that they " are its most vital organs, because they provide the principal visual scenes ". wilson and kelling, as well as jacobs, argue on the concept of civility ( or the lack thereof ) and how it creates lasting distortions between crime and disorder. ranasinghe explains that the common framework of both set of authors is to narrate the problem facing urban public places. jacobs, according to ranasinghe, maintains that " civility functions as a means of informal social control, subject little to institutionalized norms and processes, such as the law "'but rather maintained through an'" intricate, almost unconscious, network of voluntary controls and standards among people... and enforced by the people themselves ". = = case studies = = = = = precursor experiments = = = before the introduction of this theory by wilson and kelling, philip zimbardo, a stanford psychologist, arranged an experiment testing the broken - window theory in 1969. zimbardo arranged for an automobile with no license plates and the hood up to be parked idle in a bronx neighbourhood and a second automobile, in the same condition, to be set up in palo alto, california. the car in the bronx was attacked within minutes of its abandonment. zimbardo noted that the first " vandals " to arrive were a family — a father, mother, and a young son — who removed the radiator and battery. within twenty - four hours of its abandonment, everything of value had been stripped from the vehicle. after that, the car's windows were smashed in, parts torn, upholstery ripped, and children were using the car as a playground. at the same time, the vehicle sitting idle in palo alto sat untouched for more than a week until zimbardo himself went up to the vehicle and deliberately smashed it with a sledgehammer. soon after, people joined in for the destruction, although criticism has been levelled at this claim as the destruction occurred after the car was moved to the campus of stanford university and zimbardo's own students were the first to join him. zimbardo observed that a majority of the adult " vandals " in both cases were primarily well dressed, caucasian, clean - cut and seemingly respectable individuals. it is believed that, in a neighborhood such as the bronx where the history of abandoned property and theft is more prevalent, vandalism occurs much more quickly, as the community generally
the wells effect describes an empirical disconnect between people's judgment of guilt in a trial setting, and both the mathematical and subjective probability involving guilt. this finding shows that evidence that makes a defendant's guilt more or less probable will not necessarily make a guilty verdict more or less likely, which suggests that the judgments made in courts are not governed by rational decision making. = = origins = = this behavioral effect was first established in a series of experiments by psychologist gary l. wells. this study examined the difference between how mock jurors judged naked statistics ( statistical evidence that is unrelated to the specific case ) and other forms of evidence, and found that a simple probability - threshold model ( i. e., that jurors decide guilt when the subjective probability of guilt crosses a threshold value ) cannot account for juror behavior. the experiments were based on variants of the hypothetical blue bus case, which first appeared in the legal literature to describe the unsuitability of naked statistics in trial. in wells's studies, participants were asked to rule on a case in which a woman had watched her dog get struck by a bus and killed, but was unable to identify the bus. one group of participants ( in the rate of traffic case ) was presented with evidence that the blue bus company was responsible for 80 % of the traffic on the road, and the competing gray bus company was responsible for the other 20 % ; a second group ( in the weight attendant case ) was presented with the testimony of a weight attendant who made a record indicating that a blue bus was on the road at a time corresponding to the accident, and that of a second witness who testified that this record was known to be incorrect 20 % of the time. when asked to guess the probability that the blue bus company was responsible for the accident, participants from both groups correctly reported an average 80 % chance. however, when asked to make a determination of guilt in the case, those in the first group made a judgment against the blue bus company only 8. 2 % of the time, while those in the second group found the blue bus company liable in 67. 1 % of the cases. = = variants and proposed mechanisms = = the original study found evidence for a process wells described as " fact - to - evidence reasoning ". a juror engaged in such reasoning would ignore evidence unless the evidence itself can ( or cannot ) be supported by the judgment of the ultimate fact. i. e., jurors would ignore naked statistics ( such as the rate of traffic ) because
" normal aberration ". last but not least, plutonium contamination is tagged as " infiltration ". the acid rain which imposes destroying effects on lakes and forests has its own euphemistic label of " atmospheric deposition of anthropogenically derived acidic substances ". the agent - less passive style in presenting events is a second linguistic tool with the help of which people can establish the appearance that the blamable and pernicious acts stem from indescribable forces rather than people themselves. people removed themselves from being the agents of their own acts. when a driver explaining to police how he managed to demolish a telephone pole, he said " the telephone pole was approaching. i was attempting to swerve out of its way, when it struck my front end. " the specialized jargons of a legitimate enterprise can even be misused under an unlawful circumstance by the outlaw to beautify their harmful behaviours. in the watergate vocabulary, criminal conspiracy was referred as a " game plan ", and the conspirators were relabeled as " team players ". = = = advantageous comparison = = = in addition to moral justification, another mechanism that individuals can deploy to make harmful behavior seem morally acceptable is termed advantageous comparison. this process exploits the contrast principle, which follows the assumption that the perception of human conduct is influenced by what it is compared against. that is, individuals contrast their conduct with other examples of more immoral behavior and in doing this comparison their own behavior is trivialized. the more immoral the contrasting behavior is, the more likely it is that one's destructive behavior will seem less bad. for example, " the massive destruction in vietnam was minimized by portraying the american military intervention as saving the populace from communist enslavement ". these so - called exonerating comparisons rely on the moral justification by utilitarian standards. two sets of judgements facilitate making destructive behavior morally acceptable. firstly, non - violent alternatives are judged to be ineffective to achieve desired changes and consequently eliminated as options. " secondly, utilitarian analyses affirm that one's injurious actions will prevent more human suffering than they cause. " albert bandura suggested that applying the utilitarian calculus in specific situations is " quite slippery " because of the uncertainties that the future contains and the biases in human judgement. according to his belief, the calculation process of estimating the significance of potential threats is subjective. bandura also argues that moral justification and advantageous
Answer:
|
invasion of privacy.
| 0.3 |
Professor Merrill, in a lecture in her psychology course at a private university, described an experiment in which a group of college students in a neighboring city rushed out and washed cars stopped at traffic lights during the rush hour. She described how people reacted differently with shock, joy, and surprise. At the conclusion of her report, she said, "You understand, of course, that you are not to undertake this or any other experiment unless you first clear it with me." Four of Merrill's students decided to try the same experiment but did not clear it with Merrill. One subject of their experiment, Carr, said, "I was shocked. There were two people on each side of the car. At first I thought negatively. I thought they were going to attack me and thought of driving away. Then I quieted down and decided there were too many dirty cars in the city anyway." Charitable immunity has been abolished in the jurisdiction. If Carr has a valid claim against the students, will he also prevail against the university?
0. Yes, if the students would not have performed the experiment but for Merrill's lecture.
1. Yes, if Carr's claim against the students is based on negligence.
2. No, because the students were not Merrill's employees.
3. No, because Merrill did not authorize the car wash as a class project
). in these experiments, participants were less likely to make a judgment against the blue bus company in cases where they had an easier time imagining that a gray bus was responsible for the accident, even though they reported an identical probability that a blue bus was responsible. more recent work has endorsed a model of juror decision making that includes subjective probability of guilt as only one of its inputs. arkes, shoots - reinhard, & mayes ( 2012 ) identified factors that influenced verdicts only by influencing subjective probability, and factors that influenced verdicts without changing subjective probability. for example, the addition of a non - diagnostic witness ( whose testimony was shown to be unreliable during cross - examination ) influenced verdicts but not subjective probability. on the other hand, negative evidence ( i. e., evidence that they gray bus company was not responsible ) caused participants to erroneously make lower probability judgements that a blue bus struck the dog, and resulted in a concordant decrease in guilty verdicts. across three experiments, the researchers also measured participants'level of agreement with the statement, " it is unfair to blame the blue bus company unless you can prove that they hit the dog ; just stating what is likely isn ’ t enough evidence, the plaintiff must show that they were directly involved in the accident. " levels of agreement were strongly correlated with verdicts in favor of the blue bus company across case variants. this body of work also supports an earlier non - empirical argument positing that jurors would object to the use of naked statistics on the grounds of morality, because doing so would deny the autonomy of the defendant ; the morality of basing a decision on statistical evidence can influence verdicts without influencing the subjective probability of guilt. = = see also = = heuristics in judgment and decision - making bounded rationality base rate fallacy = = references = = = = further reading = = roeckelein, j. e. ( 2006 - 01 - 19 ). elsevier's dictionary of psychological theories. elsevier. pp. 627 –. isbn 9780080460642. retrieved 10 november 2017. cane, peter ; kritzer, herbert ( 2012 - 05 - 17 ). the oxford handbook of empirical legal research. oup oxford. pp. 668 –. isbn 9780191635434. retrieved 10 november 2017.
a juror engaged in such reasoning would ignore evidence unless the evidence itself can ( or cannot ) be supported by the judgment of the ultimate fact. i. e., jurors would ignore naked statistics ( such as the rate of traffic ) because the identity of the responsible bus wouldn't prove or disprove the statistics, but jurors would consider the weight attendant's testimony because his testimony could be supported ( or not ) by the identity of the responsible bus. in two additional experiments, participants were presented with the tire tracks case or the tire tracks - belief case. both cases relied on the testimony of a transportation official who examined the prints of tire tracks and compared them to the buses from the two companies. in the tire tracks case, the official testified that the tracks matched 80 % of the blue bus company buses, and 20 % of the gray bus company buses. in the tire tracks - belief case, the official testified that he used a tire - matching technique that provides correct results 80 % of the time, and he believed that a specific blue bus was responsible for the accident. as before, participants reported an average 80 % probability that a blue bus struck the dog in both cases. however, the tire tracks participants tended not to judge against the blue bus company, while the tire tracks - belief participants did. subsequent research has led to the proposal of an " ease - of - simulation " mechanism being responsible for the effect. niedermeier, kerr, and messe ( 1999 ) argued that jurors in wells's experiments ruled in favor of the blue bus company when they had an easier time imagining that the gray bus company was responsible for the accident. they replicated the wells effect but also included manipulations that were meant to make it easier to imagine that a gray bus was responsible. for instance, their partial - match / simulation case was similar to wells's tire tracks - belief case, except the witness was cross - examined by the defense and admitted that it was possible that a gray bus caused the accident. the researchers also probed participants with new questions meant to measure the ease of this mental simulation ( e. g., " on an 11 - point scale, how easy it was to imagine that a grey bus company bus ran over the dog " ). in these experiments, participants were less likely to make a judgment against the blue bus company in cases where they had an easier time imagining that a gray bus was responsible for the accident, even though they reported an identical probability that a blue bus was
the wells effect describes an empirical disconnect between people's judgment of guilt in a trial setting, and both the mathematical and subjective probability involving guilt. this finding shows that evidence that makes a defendant's guilt more or less probable will not necessarily make a guilty verdict more or less likely, which suggests that the judgments made in courts are not governed by rational decision making. = = origins = = this behavioral effect was first established in a series of experiments by psychologist gary l. wells. this study examined the difference between how mock jurors judged naked statistics ( statistical evidence that is unrelated to the specific case ) and other forms of evidence, and found that a simple probability - threshold model ( i. e., that jurors decide guilt when the subjective probability of guilt crosses a threshold value ) cannot account for juror behavior. the experiments were based on variants of the hypothetical blue bus case, which first appeared in the legal literature to describe the unsuitability of naked statistics in trial. in wells's studies, participants were asked to rule on a case in which a woman had watched her dog get struck by a bus and killed, but was unable to identify the bus. one group of participants ( in the rate of traffic case ) was presented with evidence that the blue bus company was responsible for 80 % of the traffic on the road, and the competing gray bus company was responsible for the other 20 % ; a second group ( in the weight attendant case ) was presented with the testimony of a weight attendant who made a record indicating that a blue bus was on the road at a time corresponding to the accident, and that of a second witness who testified that this record was known to be incorrect 20 % of the time. when asked to guess the probability that the blue bus company was responsible for the accident, participants from both groups correctly reported an average 80 % chance. however, when asked to make a determination of guilt in the case, those in the first group made a judgment against the blue bus company only 8. 2 % of the time, while those in the second group found the blue bus company liable in 67. 1 % of the cases. = = variants and proposed mechanisms = = the original study found evidence for a process wells described as " fact - to - evidence reasoning ". a juror engaged in such reasoning would ignore evidence unless the evidence itself can ( or cannot ) be supported by the judgment of the ultimate fact. i. e., jurors would ignore naked statistics ( such as the rate of traffic ) because
than is available or necessary, resulting in a higher rate of acquittal when such evidence is absent ; and second, that jurors have greater confidence in forensic and particularly dna evidence than is warranted, resulting in a higher rate of conviction when such evidence is present. while these and other effects may be caused by crime shows, the most commonly reported effect is that jurors are wrongly acquitting defendants despite overwhelming evidence of guilt. in particular, prosecutors have reported feeling pressured to provide dna evidence even when eyewitness testimony is available. in fact, in a study of 444 prosecutors, 56 % believed the csi effect to almost always or always influence juries, and 81 % believed the csi effect to influence judges. in one highly publicized incident, los angeles county, california district attorney steve cooley blamed actor robert blake's acquittal on murder charges on the csi effect. cooley noted that the " not guilty " verdict came despite two witness accounts of blake's guilt, and claimed that the jury members were " incredibly stupid ". by 2005, some judges and prosecutors had begun altering their trial preparations and procedures in an attempt to counter the csi effect. some ask questions about crime drama television viewership during voir dire to target biased jurors. for example, in charles and drake v. state ( 2010 ), the defendants were convicted of second degree murder, and during voir dire, the judge presented a question about the csi effect. in this case, the maryland appellate court ruled the csi effect voir dire question inappropriate due to its biased language and use of the term " convict " without mention of acquittal. prosecutors have also used opening statements and closing arguments to minimize the possible impact of the csi effect. in goff v. state ( 2009 ), the prosecutor asked jurors during voir dire about their ability to render a verdict without scientific evidence, and then reminded them during closing arguments about this question. in this case, the mention of the csi effect was considered acceptable because the language used was neutral and unbiased. additionally, jury instructions have also been used as a means of informing jurors about the csi effect. in atkins v. state ( 2011 ), the jury was instructed that scientific evidence is not necessary for a case to be valid. the court ruled that this jury instruction regarding scientific evidence was improper because the state was not held to its burden of proof. furthermore, prosecutors have hired expert witnesses to explain why particular forms of physical evidence are not relevant to their cases. in
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,
Answer:
|
No, because Merrill did not authorize the car wash as a class project
| null |
Professor Merrill, in a lecture in her psychology course at a private university, described an experiment in which a group of college students in a neighboring city rushed out and washed cars stopped at traffic lights during the rush hour. She described how people reacted differently with shock, joy, and surprise. At the conclusion of her report, she said, "You understand, of course, that you are not to undertake this or any other experiment unless you first clear it with me." Four of Merrill's students decided to try the same experiment but did not clear it with Merrill. One subject of their experiment, Carr, said, "I was shocked. There were two people on each side of the car. At first I thought negatively. I thought they were going to attack me and thought of driving away. Then I quieted down and decided there were too many dirty cars in the city anyway." Charitable immunity has been abolished in the jurisdiction. If Carr has a valid claim against the students, will he also prevail against the university?
0. Yes, if the students would not have performed the experiment but for Merrill's lecture.
1. Yes, if Carr's claim against the students is based on negligence.
2. No, because the students were not Merrill's employees.
3. No, because Merrill did not authorize the car wash as a class project
). in these experiments, participants were less likely to make a judgment against the blue bus company in cases where they had an easier time imagining that a gray bus was responsible for the accident, even though they reported an identical probability that a blue bus was responsible. more recent work has endorsed a model of juror decision making that includes subjective probability of guilt as only one of its inputs. arkes, shoots - reinhard, & mayes ( 2012 ) identified factors that influenced verdicts only by influencing subjective probability, and factors that influenced verdicts without changing subjective probability. for example, the addition of a non - diagnostic witness ( whose testimony was shown to be unreliable during cross - examination ) influenced verdicts but not subjective probability. on the other hand, negative evidence ( i. e., evidence that they gray bus company was not responsible ) caused participants to erroneously make lower probability judgements that a blue bus struck the dog, and resulted in a concordant decrease in guilty verdicts. across three experiments, the researchers also measured participants'level of agreement with the statement, " it is unfair to blame the blue bus company unless you can prove that they hit the dog ; just stating what is likely isn ’ t enough evidence, the plaintiff must show that they were directly involved in the accident. " levels of agreement were strongly correlated with verdicts in favor of the blue bus company across case variants. this body of work also supports an earlier non - empirical argument positing that jurors would object to the use of naked statistics on the grounds of morality, because doing so would deny the autonomy of the defendant ; the morality of basing a decision on statistical evidence can influence verdicts without influencing the subjective probability of guilt. = = see also = = heuristics in judgment and decision - making bounded rationality base rate fallacy = = references = = = = further reading = = roeckelein, j. e. ( 2006 - 01 - 19 ). elsevier's dictionary of psychological theories. elsevier. pp. 627 –. isbn 9780080460642. retrieved 10 november 2017. cane, peter ; kritzer, herbert ( 2012 - 05 - 17 ). the oxford handbook of empirical legal research. oup oxford. pp. 668 –. isbn 9780191635434. retrieved 10 november 2017.
a juror engaged in such reasoning would ignore evidence unless the evidence itself can ( or cannot ) be supported by the judgment of the ultimate fact. i. e., jurors would ignore naked statistics ( such as the rate of traffic ) because the identity of the responsible bus wouldn't prove or disprove the statistics, but jurors would consider the weight attendant's testimony because his testimony could be supported ( or not ) by the identity of the responsible bus. in two additional experiments, participants were presented with the tire tracks case or the tire tracks - belief case. both cases relied on the testimony of a transportation official who examined the prints of tire tracks and compared them to the buses from the two companies. in the tire tracks case, the official testified that the tracks matched 80 % of the blue bus company buses, and 20 % of the gray bus company buses. in the tire tracks - belief case, the official testified that he used a tire - matching technique that provides correct results 80 % of the time, and he believed that a specific blue bus was responsible for the accident. as before, participants reported an average 80 % probability that a blue bus struck the dog in both cases. however, the tire tracks participants tended not to judge against the blue bus company, while the tire tracks - belief participants did. subsequent research has led to the proposal of an " ease - of - simulation " mechanism being responsible for the effect. niedermeier, kerr, and messe ( 1999 ) argued that jurors in wells's experiments ruled in favor of the blue bus company when they had an easier time imagining that the gray bus company was responsible for the accident. they replicated the wells effect but also included manipulations that were meant to make it easier to imagine that a gray bus was responsible. for instance, their partial - match / simulation case was similar to wells's tire tracks - belief case, except the witness was cross - examined by the defense and admitted that it was possible that a gray bus caused the accident. the researchers also probed participants with new questions meant to measure the ease of this mental simulation ( e. g., " on an 11 - point scale, how easy it was to imagine that a grey bus company bus ran over the dog " ). in these experiments, participants were less likely to make a judgment against the blue bus company in cases where they had an easier time imagining that a gray bus was responsible for the accident, even though they reported an identical probability that a blue bus was
the wells effect describes an empirical disconnect between people's judgment of guilt in a trial setting, and both the mathematical and subjective probability involving guilt. this finding shows that evidence that makes a defendant's guilt more or less probable will not necessarily make a guilty verdict more or less likely, which suggests that the judgments made in courts are not governed by rational decision making. = = origins = = this behavioral effect was first established in a series of experiments by psychologist gary l. wells. this study examined the difference between how mock jurors judged naked statistics ( statistical evidence that is unrelated to the specific case ) and other forms of evidence, and found that a simple probability - threshold model ( i. e., that jurors decide guilt when the subjective probability of guilt crosses a threshold value ) cannot account for juror behavior. the experiments were based on variants of the hypothetical blue bus case, which first appeared in the legal literature to describe the unsuitability of naked statistics in trial. in wells's studies, participants were asked to rule on a case in which a woman had watched her dog get struck by a bus and killed, but was unable to identify the bus. one group of participants ( in the rate of traffic case ) was presented with evidence that the blue bus company was responsible for 80 % of the traffic on the road, and the competing gray bus company was responsible for the other 20 % ; a second group ( in the weight attendant case ) was presented with the testimony of a weight attendant who made a record indicating that a blue bus was on the road at a time corresponding to the accident, and that of a second witness who testified that this record was known to be incorrect 20 % of the time. when asked to guess the probability that the blue bus company was responsible for the accident, participants from both groups correctly reported an average 80 % chance. however, when asked to make a determination of guilt in the case, those in the first group made a judgment against the blue bus company only 8. 2 % of the time, while those in the second group found the blue bus company liable in 67. 1 % of the cases. = = variants and proposed mechanisms = = the original study found evidence for a process wells described as " fact - to - evidence reasoning ". a juror engaged in such reasoning would ignore evidence unless the evidence itself can ( or cannot ) be supported by the judgment of the ultimate fact. i. e., jurors would ignore naked statistics ( such as the rate of traffic ) because
than is available or necessary, resulting in a higher rate of acquittal when such evidence is absent ; and second, that jurors have greater confidence in forensic and particularly dna evidence than is warranted, resulting in a higher rate of conviction when such evidence is present. while these and other effects may be caused by crime shows, the most commonly reported effect is that jurors are wrongly acquitting defendants despite overwhelming evidence of guilt. in particular, prosecutors have reported feeling pressured to provide dna evidence even when eyewitness testimony is available. in fact, in a study of 444 prosecutors, 56 % believed the csi effect to almost always or always influence juries, and 81 % believed the csi effect to influence judges. in one highly publicized incident, los angeles county, california district attorney steve cooley blamed actor robert blake's acquittal on murder charges on the csi effect. cooley noted that the " not guilty " verdict came despite two witness accounts of blake's guilt, and claimed that the jury members were " incredibly stupid ". by 2005, some judges and prosecutors had begun altering their trial preparations and procedures in an attempt to counter the csi effect. some ask questions about crime drama television viewership during voir dire to target biased jurors. for example, in charles and drake v. state ( 2010 ), the defendants were convicted of second degree murder, and during voir dire, the judge presented a question about the csi effect. in this case, the maryland appellate court ruled the csi effect voir dire question inappropriate due to its biased language and use of the term " convict " without mention of acquittal. prosecutors have also used opening statements and closing arguments to minimize the possible impact of the csi effect. in goff v. state ( 2009 ), the prosecutor asked jurors during voir dire about their ability to render a verdict without scientific evidence, and then reminded them during closing arguments about this question. in this case, the mention of the csi effect was considered acceptable because the language used was neutral and unbiased. additionally, jury instructions have also been used as a means of informing jurors about the csi effect. in atkins v. state ( 2011 ), the jury was instructed that scientific evidence is not necessary for a case to be valid. the court ruled that this jury instruction regarding scientific evidence was improper because the state was not held to its burden of proof. furthermore, prosecutors have hired expert witnesses to explain why particular forms of physical evidence are not relevant to their cases. in
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,
Answer:
|
No, because the students were not Merrill's employees.
| 0.3 |
Oxnard owned Goldacre, a tract of land, in fee simple. At a time when Goldacre was in the adverse possession of Amos, Eric obtained the oral permission of Oxnard to use a portion of Goldacre as a road or driveway to reach adjoining land, Twin Pines, which Eric owned in fee simple. Thereafter, during all times relevant to this problem, Eric used this road across Goldacre regularly for ingress and egress between Twin Pines and a public highway. Amos quit possession of Goldacre before acquiring title by adverse possession. Without any further communication between Oxnard and Eric, Eric continued to use the road for a total period, from the time he first began to use it, sufficient to acquire an easement by prescription. Oxnard then blocked the road and refused to permit its continued use. Eric brought suit to determine his right to continue use of the road. Eric should
0. win, because his use was adverse to Amos and once adverse it continued adverse until some affirmative showing of a change.
1. win, because Eric made no attempt to renew permission after Amos quit possession of Goldacre.
2. lose, because his use was with permission.
3. lose, because there is no evidence that he continued adverse use for the required period after Amos quit possession
##erf in perpetuity and to erect a dwelling at this location. in consent with the community, sites may be identified by the relevant authority informally without proper surveying. therefore, the starter title right cannot be mortgaged and cannot be subject to a right of way or servitudes. the holder of a starter title right is allowed to transfer, to bequeath or to lease the right. however these rights may be subject to restrictions by the group ’ s constitution or conditions imposed by the local authority. except for persons who are married in community of property, a starter title right may not be held by more than one person jointly and no juristic person may hold any starter title right. the persons who are entitled to be registered as the initial holders of rights in a starter title scheme are the heads of the households. no person may hold more than one starter title right and no person may acquire a starter title right if he or she is the owner of any immovable property or a land hold title right in namibia. there is no restriction on tenure by foreigners. = = = = land hold title right = = = = the land hold title right provides the owner with the right to occupy a defined and demarcated site ( plot ) within a blockerf in perpetuity. the holder of a land hold title right has all the rights to the plot concerned that an owner has in respect of his or her erf under the common law and may perform all the juristic acts in respect of the plot concerned that an owner may perform in respect of his or her erf under namibia ’ s common law ( freehold ). the holder has also an undivided share in the common property which is those parts of the blockerf concerned that do not form part of any plot. land hold title right holders are allowed to transfer, to bequeath or to lease the right. however these rights may be subject to restrictions by the group ’ s constitution or conditions imposed by the local authority. the land hold title right may also be used as a collateral for a mortgage or any other form of security for a debt. it can also be subject to a right of way or servitudes relating to the provision of public services. the plots will be surveyed and demarcated on the ground by a land measurer of the land rights office who has to establish a land hold plan to be filed as record in the respective land rights office. unlike the starter title right, there is no restrictions on tenureship. = = = the
affected by driver's being blinded by lights other than those of a motor vehicle ". american law reports - - annotated, 3rd series. vol. 64. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 760. wade r. habeeb ( c. 2009 ). " liability or recovery in automobile negligence action as affected by driver's being blinded by lights of motor vehicle ". american law reports - - annotated, 3rd series. vol. 64. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 551. l. s. tellier ( 2011 ). " right and duty of motorist on through, favored, or arterial street or highway to proceed where lateral view at intersection is obstructed by physical obstacle ". american law reports - - annotated, 2nd series. vol. 59. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1202. " " assured clear distance " statute or rule as applied at hill or curve ". american law reports - - annotated. vol. 133. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 967. " application of " assured clear distance ahead " or " radius of lights " doctrine to accident involving pedestrian crossing the street or highway ". american law reports - - annotated, 2nd series. vol. 31. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1424. " driving automobile at speed which prevents stopping within range of vision as negligence ". american law reports - - annotated, 2nd series. vol. 44, 58, 87, 97. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1403 ; 1493 ; 900 ; 546. " driver's failure to maintain proper distance from motor vehicle ahead ". american law reports - - annotated, 2nd series. vol. 85. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 613. " motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west
such a curvature as not to hide hazards close behind its crests. discretion for drivers and pedestrians to enter onto a potentially occupied lane from a side street must be assuredly eliminated such as with fences, merge lanes, or signalized access. there must also be an assurance of no opportunity for animals and debris to enter from side lots, and that there are continuous multi - hourly maintenance patrols performed. furthermore, such road sections must be distinguished from other roads so that the driver could clearly and immediately know when he or she may or may not take such extended " assurance ". few roads might meet these requirements except some of the highest functional classification controlled - access highways such as freeways and autobahns. even if such criteria are met, the law must also exempt driver liability for maintaining clear distance ahead. in most democracies, such liability for failures of the distance to remain clear beyond line of sight would ultimately be transferred to its taxpayers. this only generally occurs when governments have been tasked by constituents or their courts to take the responsibly to design and maintain roadways that " assure " the distance will be clear beyond the proximate edge of clear visibility. pressures to make such changes may arise from cultural normalization of deviance and unnecessary risk, misunderstanding the purpose of the road functional classification system, underestimation of increased risk, and reclamation of commute time. one of the greatest difficulties created by such an extension of the acda is the frequency at which roads reduce their functional classification unbeknownst to drivers who continue unaware they have lost this extended " assurance " or do not understand the difference. such nuance in applicable jurisdictions is a prolific source of accidents. in the united states, there is no explicit road marking promising clear distance beyond line of sight in the manual on uniform traffic control devices, although there are signs communicating " limited sight distance ", " hill blocks view ", " crossroad ahead ", and " freeway ends ". a partial solution to this challenge is to remove driver discretion in determining whether the acda is extended beyond line of sight, by explicitly designating this law change to certain marked high functional classification roadways having meet strict engineering criteria. the acda rule is analogous to aviation visual flight rules, and its discussed exception — allowed only in a well regulated control zone — is analogous to instrument flight rules. unlike both visual and instrumental flight rules, where federal and international administrative law applies seamlessly and uniformly across the states, the acda rule governing ground transportation is relatively variegated across states and judicial
hold title. starter title schemes and land hold title schemes can be upgraded to freehold title if at least 75 % of the holders of rights in a scheme have consented. in the case of upgrading to freehold the title holders will have to pay for the subdivision of his / her plot and the subsequent registration in the deeds registry. = = pilot areas = = in 2016, the ministry of land reform decided to pilot the new tenure registration system in different pilot areas, namely in gobabis, oshakati, outapi and windhoek. = = see also = = informal settlement land reform land registration shanty town slum title ( property ) urbanization = = references = = = = further reading = = christensen, s., wolfgang, w and hojgaard, p. innovative land surveying and land registration in namibia, working paper 93 of the development planning unit, university college london archived 2016 - 12 - 20 at the wayback machine, 1999 christensen, s. the flexible land tenure system – the namibian solution bringing the informal settlers under the register, expert group meeting on secure land tenure :'new legal frameworks and tools ', un - gigiri in nairobi, kenya, 10 - 12 november 2004, 2004 christensen, s. flexible land tenure in namibia. gim international, 2005 legal assistance centre ( land, environment and development project ) a place we want to call our own, a study on land tenure policy and securing housing rights in namibia, windhoek, 2005 flexible land tenure act, 2012 ( act no. 4 of 2012 ), government gazette of the republic of namibia. windhoek, 2012 matthaei, e., mandimika, p. : the flexible land tenure system in namibia : integrating urban land rights into the national land reform programme, annual world bank conference on land and poverty, washington, 2015 middleton, j., von carlowitz, l., becker, h. - g. : land management as a vital basis for the implementation of land reform in namibia, zfv – zeitschrift fur geodasie, geoinformation und landmanagement, 2016 ministry of land reform : guide to namibia ’ s flexible land tenure act, 2012 ( act no. 4 of 2012 ), windhoek, 2016
beyond the proximate edge of clear visibility and choose such a speed accordingly, transfers classic common law liability from that driver for his or her " blind " actions. this duty to assure clear distance ahead is inevitably transferred, as an externality to everybody or thing else who must instead warn the driver, such as the government, its road engineers, and maintainers. as it is generally probable and foreseeable that, chance will permit, and at some point there will be an obstruction beyond some driver's line of sight, such an entitlement challenges centuries of precedent in negligence doctrine in addition to posing difficult policy and engineering challenges. it also violates the calculus of negligence because speed is an inherent factor in vehicular accidents which are a leading cause of priceless life loss and lawsuits, and the burden of a precautions speed is radically lower than the former. the assumption of risk resulting from the unsafe activity of driving faster than one can stop within one's vision, does not depend ex post facto on what you happened to hit, for which by nature you could not have known ; it could have been a moose or a luxury car. furthermore, modern times still provide no legal remedies for darwinian misfortune upon the entire class of unwarnable accidents where drivers and their passengers would not have collided into the likes of a moose, livestock, fallen tree, rock, jetsam, horse - drawn vehicle, stalled vehicle, school bus, garbage truck, mail carrier, snowplow, washout, snow drift, or slid off the road, were it not for their decisions to drive faster than dictated by the assured clear distance ahead. regardless of what behavior an authority might encourage by fabricating new rights, it remains timeless that constituents cannot sue the wind for causing a wreck when it inevitably violates a " modern right to drive faster than permitted by the acda " by failing to warn them it knocked down a tree in a forest with many trees which all eventually fell. in this specific regard, jurisdictions which grant drivers the liberty to be fools from their own folly, are also condoning the collateral damage and life loss which is expected to occur. moreover, modern life - entrusting consumers of driving services and driverless cars who suffer such caused injury are left without legal remedy for foreseeable outcome of imprudent speed ; this in - turn unnecessarily transfers a substantive portion of the acda liability space into act of god, government claims, strict liability, or other findings from legal fiction which the justice system
Answer:
|
lose, because his use was with permission.
| null |
Oxnard owned Goldacre, a tract of land, in fee simple. At a time when Goldacre was in the adverse possession of Amos, Eric obtained the oral permission of Oxnard to use a portion of Goldacre as a road or driveway to reach adjoining land, Twin Pines, which Eric owned in fee simple. Thereafter, during all times relevant to this problem, Eric used this road across Goldacre regularly for ingress and egress between Twin Pines and a public highway. Amos quit possession of Goldacre before acquiring title by adverse possession. Without any further communication between Oxnard and Eric, Eric continued to use the road for a total period, from the time he first began to use it, sufficient to acquire an easement by prescription. Oxnard then blocked the road and refused to permit its continued use. Eric brought suit to determine his right to continue use of the road. Eric should
0. win, because his use was adverse to Amos and once adverse it continued adverse until some affirmative showing of a change.
1. win, because Eric made no attempt to renew permission after Amos quit possession of Goldacre.
2. lose, because his use was with permission.
3. lose, because there is no evidence that he continued adverse use for the required period after Amos quit possession
##erf in perpetuity and to erect a dwelling at this location. in consent with the community, sites may be identified by the relevant authority informally without proper surveying. therefore, the starter title right cannot be mortgaged and cannot be subject to a right of way or servitudes. the holder of a starter title right is allowed to transfer, to bequeath or to lease the right. however these rights may be subject to restrictions by the group ’ s constitution or conditions imposed by the local authority. except for persons who are married in community of property, a starter title right may not be held by more than one person jointly and no juristic person may hold any starter title right. the persons who are entitled to be registered as the initial holders of rights in a starter title scheme are the heads of the households. no person may hold more than one starter title right and no person may acquire a starter title right if he or she is the owner of any immovable property or a land hold title right in namibia. there is no restriction on tenure by foreigners. = = = = land hold title right = = = = the land hold title right provides the owner with the right to occupy a defined and demarcated site ( plot ) within a blockerf in perpetuity. the holder of a land hold title right has all the rights to the plot concerned that an owner has in respect of his or her erf under the common law and may perform all the juristic acts in respect of the plot concerned that an owner may perform in respect of his or her erf under namibia ’ s common law ( freehold ). the holder has also an undivided share in the common property which is those parts of the blockerf concerned that do not form part of any plot. land hold title right holders are allowed to transfer, to bequeath or to lease the right. however these rights may be subject to restrictions by the group ’ s constitution or conditions imposed by the local authority. the land hold title right may also be used as a collateral for a mortgage or any other form of security for a debt. it can also be subject to a right of way or servitudes relating to the provision of public services. the plots will be surveyed and demarcated on the ground by a land measurer of the land rights office who has to establish a land hold plan to be filed as record in the respective land rights office. unlike the starter title right, there is no restrictions on tenureship. = = = the
affected by driver's being blinded by lights other than those of a motor vehicle ". american law reports - - annotated, 3rd series. vol. 64. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 760. wade r. habeeb ( c. 2009 ). " liability or recovery in automobile negligence action as affected by driver's being blinded by lights of motor vehicle ". american law reports - - annotated, 3rd series. vol. 64. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 551. l. s. tellier ( 2011 ). " right and duty of motorist on through, favored, or arterial street or highway to proceed where lateral view at intersection is obstructed by physical obstacle ". american law reports - - annotated, 2nd series. vol. 59. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1202. " " assured clear distance " statute or rule as applied at hill or curve ". american law reports - - annotated. vol. 133. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 967. " application of " assured clear distance ahead " or " radius of lights " doctrine to accident involving pedestrian crossing the street or highway ". american law reports - - annotated, 2nd series. vol. 31. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1424. " driving automobile at speed which prevents stopping within range of vision as negligence ". american law reports - - annotated, 2nd series. vol. 44, 58, 87, 97. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1403 ; 1493 ; 900 ; 546. " driver's failure to maintain proper distance from motor vehicle ahead ". american law reports - - annotated, 2nd series. vol. 85. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 613. " motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west
such a curvature as not to hide hazards close behind its crests. discretion for drivers and pedestrians to enter onto a potentially occupied lane from a side street must be assuredly eliminated such as with fences, merge lanes, or signalized access. there must also be an assurance of no opportunity for animals and debris to enter from side lots, and that there are continuous multi - hourly maintenance patrols performed. furthermore, such road sections must be distinguished from other roads so that the driver could clearly and immediately know when he or she may or may not take such extended " assurance ". few roads might meet these requirements except some of the highest functional classification controlled - access highways such as freeways and autobahns. even if such criteria are met, the law must also exempt driver liability for maintaining clear distance ahead. in most democracies, such liability for failures of the distance to remain clear beyond line of sight would ultimately be transferred to its taxpayers. this only generally occurs when governments have been tasked by constituents or their courts to take the responsibly to design and maintain roadways that " assure " the distance will be clear beyond the proximate edge of clear visibility. pressures to make such changes may arise from cultural normalization of deviance and unnecessary risk, misunderstanding the purpose of the road functional classification system, underestimation of increased risk, and reclamation of commute time. one of the greatest difficulties created by such an extension of the acda is the frequency at which roads reduce their functional classification unbeknownst to drivers who continue unaware they have lost this extended " assurance " or do not understand the difference. such nuance in applicable jurisdictions is a prolific source of accidents. in the united states, there is no explicit road marking promising clear distance beyond line of sight in the manual on uniform traffic control devices, although there are signs communicating " limited sight distance ", " hill blocks view ", " crossroad ahead ", and " freeway ends ". a partial solution to this challenge is to remove driver discretion in determining whether the acda is extended beyond line of sight, by explicitly designating this law change to certain marked high functional classification roadways having meet strict engineering criteria. the acda rule is analogous to aviation visual flight rules, and its discussed exception — allowed only in a well regulated control zone — is analogous to instrument flight rules. unlike both visual and instrumental flight rules, where federal and international administrative law applies seamlessly and uniformly across the states, the acda rule governing ground transportation is relatively variegated across states and judicial
hold title. starter title schemes and land hold title schemes can be upgraded to freehold title if at least 75 % of the holders of rights in a scheme have consented. in the case of upgrading to freehold the title holders will have to pay for the subdivision of his / her plot and the subsequent registration in the deeds registry. = = pilot areas = = in 2016, the ministry of land reform decided to pilot the new tenure registration system in different pilot areas, namely in gobabis, oshakati, outapi and windhoek. = = see also = = informal settlement land reform land registration shanty town slum title ( property ) urbanization = = references = = = = further reading = = christensen, s., wolfgang, w and hojgaard, p. innovative land surveying and land registration in namibia, working paper 93 of the development planning unit, university college london archived 2016 - 12 - 20 at the wayback machine, 1999 christensen, s. the flexible land tenure system – the namibian solution bringing the informal settlers under the register, expert group meeting on secure land tenure :'new legal frameworks and tools ', un - gigiri in nairobi, kenya, 10 - 12 november 2004, 2004 christensen, s. flexible land tenure in namibia. gim international, 2005 legal assistance centre ( land, environment and development project ) a place we want to call our own, a study on land tenure policy and securing housing rights in namibia, windhoek, 2005 flexible land tenure act, 2012 ( act no. 4 of 2012 ), government gazette of the republic of namibia. windhoek, 2012 matthaei, e., mandimika, p. : the flexible land tenure system in namibia : integrating urban land rights into the national land reform programme, annual world bank conference on land and poverty, washington, 2015 middleton, j., von carlowitz, l., becker, h. - g. : land management as a vital basis for the implementation of land reform in namibia, zfv – zeitschrift fur geodasie, geoinformation und landmanagement, 2016 ministry of land reform : guide to namibia ’ s flexible land tenure act, 2012 ( act no. 4 of 2012 ), windhoek, 2016
beyond the proximate edge of clear visibility and choose such a speed accordingly, transfers classic common law liability from that driver for his or her " blind " actions. this duty to assure clear distance ahead is inevitably transferred, as an externality to everybody or thing else who must instead warn the driver, such as the government, its road engineers, and maintainers. as it is generally probable and foreseeable that, chance will permit, and at some point there will be an obstruction beyond some driver's line of sight, such an entitlement challenges centuries of precedent in negligence doctrine in addition to posing difficult policy and engineering challenges. it also violates the calculus of negligence because speed is an inherent factor in vehicular accidents which are a leading cause of priceless life loss and lawsuits, and the burden of a precautions speed is radically lower than the former. the assumption of risk resulting from the unsafe activity of driving faster than one can stop within one's vision, does not depend ex post facto on what you happened to hit, for which by nature you could not have known ; it could have been a moose or a luxury car. furthermore, modern times still provide no legal remedies for darwinian misfortune upon the entire class of unwarnable accidents where drivers and their passengers would not have collided into the likes of a moose, livestock, fallen tree, rock, jetsam, horse - drawn vehicle, stalled vehicle, school bus, garbage truck, mail carrier, snowplow, washout, snow drift, or slid off the road, were it not for their decisions to drive faster than dictated by the assured clear distance ahead. regardless of what behavior an authority might encourage by fabricating new rights, it remains timeless that constituents cannot sue the wind for causing a wreck when it inevitably violates a " modern right to drive faster than permitted by the acda " by failing to warn them it knocked down a tree in a forest with many trees which all eventually fell. in this specific regard, jurisdictions which grant drivers the liberty to be fools from their own folly, are also condoning the collateral damage and life loss which is expected to occur. moreover, modern life - entrusting consumers of driving services and driverless cars who suffer such caused injury are left without legal remedy for foreseeable outcome of imprudent speed ; this in - turn unnecessarily transfers a substantive portion of the acda liability space into act of god, government claims, strict liability, or other findings from legal fiction which the justice system
Answer:
|
lose, because there is no evidence that he continued adverse use for the required period after Amos quit possession
| 0.3 |
Mary Webb, a physician called as a witness by the defendant in the case of Parr v. Doan, was asked to testify to statements made by Michael Zadok, her patient, for the purpose of obtaining treatment from Dr. Webb. Which of the following is the best basis for excluding evidence of Zadok's statements in a jurisdiction with a doctor-patient privilege?
0. An objection by Dr. Webb asserting her privilege against disclosure of confidential communications made by a patient.
1. An objection by Parr's attorney on the grounds of the doctor-patient privilege.
2. A finding by the trial judge that Zadok had left the office without actually receiving treatment.
3. The assertion of a privilege by Zadok's attorney, present at the trial as a spectator at Zadok's request, and allowed by the trial judge to speak.
for an investigation, a review body is assembled for fact - finding. this fact - finding body, called an ad hoc committee, is appointed by the medical chief of staff and is composed of other physician staff members chosen at the chief of staff's discretion. this ad hoc committee then conducts an investigation in the manner it feels is appropriate. this may include a review of the literature or an outside expert. thus, there is no standard for impartiality and specifically no standard for due process in the " peer - review'process '. " physicians that are indicted ( and sanctioned ) have the right to request a hearing. at the hearing, counsel is allowed. a second independent panel of physicians is chosen as the petit jury, and a hearing officer is chosen. the accused physician has the option to demonstrate conflicts of interest and attempt to disqualify jurors based on reasonable suspicions of bias or conflicts of interest in a voir dire process. although some medical staff bodies utilize the hospital attorney and accept hospital funds to try peer review cases, the california medical association discourages this practice. california has enacted legislation formally requiring the separation of the hospital and medical staff. = = alleged cases = = some physicians allege that sham peer review is often conducted in retaliation for whistleblowing, although one study in 2007 suggested that such events were rare. = = = khajavi v. feather river anesthesiology medical group = = = those who disagree with the ama point to the case of nosrat khajavi. in 1996, khajavi, an anesthesiologist in yuba city, california, disagreed with a surgeon over the appropriateness of cataract surgery for a patient and refused to attend during the procedure. khajavi was subsequently terminated from his anesthesia group. he sued for wrongful termination under california business & professions'code section 2053, and the suit was allowed by the california court of appeals. in 2000, the court held that khajavi was not protected from termination on the basis of advocating for what he felt was medically appropriate care. the court did not rule on the merits of the dispute. = = = mileikowsky v. tenet = = = a doctor was allegedly subject to multiple hearings for the same charges, and his rights to an expedited hearing were allegedly denied while a suspension was in place. on may 15, 2001, the california medical association filed an amicus curiae brief to emphasize legal protections meant to prevent physicians being
procedure should be documented by any means available. most commonly video surveillance is used during the procedure. in some instances it may be helpful to have written documents providing descriptions of the procedure. = = procedural reforms = = experts debate what changes need to occur in the legal process in response to research on inaccuracy of eyewitness testimony. = = = jury guidelines = = = it has been suggested that the jury be given a checklist to evaluate eyewitness testimony when given in court. r. j. shafer offers this checklist for evaluating eyewitness testimony : how well could the eyewitness observe the thing he reports? were his senses equal to the observation? was his physical location suitable to sight, hearing, touch? did he have the proper social ability to observe : did he understand the language, have other expertise required ( e. g., law, military )? when did he report in relation to his observation? soon? much later? are there additional clues to intended veracity? was he indifferent on the subject reported, thus probably not intending distortion? did he make statements damaging to himself, thus probably not seeking to distort? did he give incidental or casual information, almost certainly not intended to mislead? do his statements seem inherently improbable : e. g., contrary to human nature, or in conflict with what we know? remember that some types of information are easier to observe and report on than others. are there inner contradictions in the testimony? = = = judge guidelines = = = in 2011, the new jersey supreme court created new rules for the admissibility of eyewitness testimony in court. the new rules require judges to explain to jurors any influences that may heighten the risk for error in the testimony. the rules are part of nationwide court reform that attempts to improve the validity of eyewitness testimony and lower the rate of false conviction. = = see also = = anecdotal evidence – evidence relying on personal testimony confabulation – recall of fabricated, misinterpreted or distorted memories ( false memory ) forensic psychology – using psychological science to help answer legal questions legal psychology – psychological research of the law mistaken identity – legal defense = = references = = = = external links = = identifying the culprit : assessing eyewitness identification ( 2014 ) - free download of book by the national academy of sciences summarizing research and recommending best practices evidence - based justice : corrupted memory, nature, 14 aug 2013 " supreme
the local investigator's hospital or institution, but some sponsors allow the use of a central ( independent / for profit ) irb for investigators who work at smaller institutions. to be ethical, researchers must obtain the full and informed consent of participating human subjects. ( one of the irb's main functions is to ensure potential patients are adequately informed about the clinical trial. ) if the patient is unable to consent for him / herself, researchers can seek consent from the patient's legally authorized representative. in addition, the clinical trial participants must be made aware that they can withdraw from the clinical trial at any time without any adverse action taken against them. in california, the state has prioritized the individuals who can serve as the legally authorized representative. in some us locations, the local irb must certify researchers and their staff before they can conduct clinical trials. they must understand the federal patient privacy ( hipaa ) law and good clinical practice. the international conference of harmonisation guidelines for good clinical practice is a set of standards used internationally for the conduct of clinical trials. the guidelines aim to ensure the " rights, safety and well being of trial subjects are protected ". the notion of informed consent of participating human subjects exists in many countries but its precise definition may still vary. informed consent is clearly a'necessary'condition for ethical conduct but does not'ensure'ethical conduct. in compassionate use trials the latter becomes a particularly difficult problem. the final objective is to serve the community of patients or future patients in a best - possible and most responsible way. see also expanded access. however, it may be hard to turn this objective into a well - defined, quantified, objective function. in some cases this can be done, however, for instance, for questions of when to stop sequential treatments ( see odds algorithm ), and then quantified methods may play an important role. additional ethical concerns are present when conducting clinical trials on children ( pediatrics ), and in emergency or epidemic situations. ethically balancing the rights of multiple stakeholders may be difficult. for example, when drug trials fail, the sponsors may have a duty to tell current and potential investors immediately, which means both the research staff and the enrolled participants may first hear about the end of a trial through public business news. = = = conflicts of interest and unfavorable studies = = = in response to specific cases in which unfavorable data from pharmaceutical company - sponsored research were not published, the pharmaceutical research and manufacturers of america published new guidelines urging companies to report
because a patient has to deal with a new condition. : 783 patients involved in trials may not be fully aware of the alternative treatments, and an awareness that there is uncertainty in the best treatment can help make patients more aware of this. : 784 corrigan notes that patients generally expect that doctors are acting exclusively in their interest in interactions and that this combined with " clinical equipose " where a healthcare practitioner does not know which treatment is better in a randomized control trial can be harmful to the doctor - patient relationship. : 780 – 781 = = medical procedures = = the doctrine of informed consent relates to professional negligence and establishes a breach of the duty of care owed to the patient ( see duty of care, breach of the duty, and respect for persons ). the doctrine of informed consent also has significant implications for medical trials of medications, devices, or procedures. = = = requirements of the professional = = = until 2015 in the united kingdom and in countries such as malaysia and singapore, informed consent in medical procedures requires proof as to the standard of care to expect as a recognised standard of acceptable professional practice ( the bolam test ), that is, what risks would a medical professional usually disclose in the circumstances. arguably, this is " sufficient consent " rather than " informed consent. " the uk has since departed from the bolam test for judging standards of informed consent, due to the landmark ruling in montgomery v lanarkshire health board. this moves away from the concept of a reasonable physician and instead uses the standard of a reasonable patient, and what risks an individual would attach significance to. medicine in the united states, australia, and canada takes this patient - centric approach to " informed consent. " informed consent in these jurisdictions requires healthcare providers to disclose significant risks, as well as risks of particular importance to that patient. this approach combines an objective ( a hypothetical reasonable patient ) and subjective ( this particular patient ) approach. optimal establishment of an informed consent requires adaptation to cultural or other individual factors of the patient. as of 2011, for example, people from mediterranean and arab backgrounds appeared to rely more on the context of the delivery of the information, with the information being carried more by who is saying it and where, when, and how it is being said, rather than what is said, which is of relatively more importance in typical " western " countries. the informed consent doctrine is generally implemented through good healthcare practice : pre - operation discussions with patients and the use of medical consent forms in hospitals. however, reliance on a signed form should
more heavily on traditional medicine with limited evidence and efficacy and no required formal training for practitioners. in the developed world, evidence - based medicine is not universally used in clinical practice ; for example, a 2007 survey of literature reviews found that about 49 % of the interventions lacked sufficient evidence to support either benefit or harm. in modern clinical practice, physicians and physician assistants personally assess patients to diagnose, prognose, treat, and prevent disease using clinical judgment. the doctor - patient relationship typically begins with an interaction with an examination of the patient's medical history and medical record, followed by a medical interview and a physical examination. basic diagnostic medical devices ( e. g., stethoscope, tongue depressor ) are typically used. after examining for signs and interviewing for symptoms, the doctor may order medical tests ( e. g., blood tests ), take a biopsy, or prescribe pharmaceutical drugs or other therapies. differential diagnosis methods help to rule out conditions based on the information provided. during the encounter, properly informing the patient of all relevant facts is an important part of the relationship and the development of trust. the medical encounter is then documented in the medical record, which is a legal document in many jurisdictions. follow - ups may be shorter but follow the same general procedure, and specialists follow a similar process. the diagnosis and treatment may take only a few minutes or a few weeks, depending on the complexity of the issue. the components of the medical interview and encounter are : chief complaint ( cc ) : the reason for the current medical visit. these are the symptoms. they are in the patient's own words and are recorded along with the duration of each one. also called chief concern or presenting complaint. current activity : occupation, hobbies, what the patient actually does. family history ( fh ) : listing of diseases in the family that may impact the patient. a family tree is sometimes used. history of present illness ( hpi ) : the chronological order of events of symptoms and further clarification of each symptom. distinguishable from history of previous illness, often called past medical history ( pmh ). medical history comprises hpi and pmh. medications ( rx ) : what drugs the patient takes including prescribed, over - the - counter, and home remedies, as well as alternative and herbal medicines or remedies. allergies are also recorded. past medical history ( pmh / pmhx ) : concurrent medical problems, past hospitalizations and operations, injuries
Answer:
|
The assertion of a privilege by Zadok's attorney, present at the trial as a spectator at Zadok's request, and allowed by the trial judge to speak.
| null |
Mary Webb, a physician called as a witness by the defendant in the case of Parr v. Doan, was asked to testify to statements made by Michael Zadok, her patient, for the purpose of obtaining treatment from Dr. Webb. Which of the following is the best basis for excluding evidence of Zadok's statements in a jurisdiction with a doctor-patient privilege?
0. An objection by Dr. Webb asserting her privilege against disclosure of confidential communications made by a patient.
1. An objection by Parr's attorney on the grounds of the doctor-patient privilege.
2. A finding by the trial judge that Zadok had left the office without actually receiving treatment.
3. The assertion of a privilege by Zadok's attorney, present at the trial as a spectator at Zadok's request, and allowed by the trial judge to speak.
for an investigation, a review body is assembled for fact - finding. this fact - finding body, called an ad hoc committee, is appointed by the medical chief of staff and is composed of other physician staff members chosen at the chief of staff's discretion. this ad hoc committee then conducts an investigation in the manner it feels is appropriate. this may include a review of the literature or an outside expert. thus, there is no standard for impartiality and specifically no standard for due process in the " peer - review'process '. " physicians that are indicted ( and sanctioned ) have the right to request a hearing. at the hearing, counsel is allowed. a second independent panel of physicians is chosen as the petit jury, and a hearing officer is chosen. the accused physician has the option to demonstrate conflicts of interest and attempt to disqualify jurors based on reasonable suspicions of bias or conflicts of interest in a voir dire process. although some medical staff bodies utilize the hospital attorney and accept hospital funds to try peer review cases, the california medical association discourages this practice. california has enacted legislation formally requiring the separation of the hospital and medical staff. = = alleged cases = = some physicians allege that sham peer review is often conducted in retaliation for whistleblowing, although one study in 2007 suggested that such events were rare. = = = khajavi v. feather river anesthesiology medical group = = = those who disagree with the ama point to the case of nosrat khajavi. in 1996, khajavi, an anesthesiologist in yuba city, california, disagreed with a surgeon over the appropriateness of cataract surgery for a patient and refused to attend during the procedure. khajavi was subsequently terminated from his anesthesia group. he sued for wrongful termination under california business & professions'code section 2053, and the suit was allowed by the california court of appeals. in 2000, the court held that khajavi was not protected from termination on the basis of advocating for what he felt was medically appropriate care. the court did not rule on the merits of the dispute. = = = mileikowsky v. tenet = = = a doctor was allegedly subject to multiple hearings for the same charges, and his rights to an expedited hearing were allegedly denied while a suspension was in place. on may 15, 2001, the california medical association filed an amicus curiae brief to emphasize legal protections meant to prevent physicians being
procedure should be documented by any means available. most commonly video surveillance is used during the procedure. in some instances it may be helpful to have written documents providing descriptions of the procedure. = = procedural reforms = = experts debate what changes need to occur in the legal process in response to research on inaccuracy of eyewitness testimony. = = = jury guidelines = = = it has been suggested that the jury be given a checklist to evaluate eyewitness testimony when given in court. r. j. shafer offers this checklist for evaluating eyewitness testimony : how well could the eyewitness observe the thing he reports? were his senses equal to the observation? was his physical location suitable to sight, hearing, touch? did he have the proper social ability to observe : did he understand the language, have other expertise required ( e. g., law, military )? when did he report in relation to his observation? soon? much later? are there additional clues to intended veracity? was he indifferent on the subject reported, thus probably not intending distortion? did he make statements damaging to himself, thus probably not seeking to distort? did he give incidental or casual information, almost certainly not intended to mislead? do his statements seem inherently improbable : e. g., contrary to human nature, or in conflict with what we know? remember that some types of information are easier to observe and report on than others. are there inner contradictions in the testimony? = = = judge guidelines = = = in 2011, the new jersey supreme court created new rules for the admissibility of eyewitness testimony in court. the new rules require judges to explain to jurors any influences that may heighten the risk for error in the testimony. the rules are part of nationwide court reform that attempts to improve the validity of eyewitness testimony and lower the rate of false conviction. = = see also = = anecdotal evidence – evidence relying on personal testimony confabulation – recall of fabricated, misinterpreted or distorted memories ( false memory ) forensic psychology – using psychological science to help answer legal questions legal psychology – psychological research of the law mistaken identity – legal defense = = references = = = = external links = = identifying the culprit : assessing eyewitness identification ( 2014 ) - free download of book by the national academy of sciences summarizing research and recommending best practices evidence - based justice : corrupted memory, nature, 14 aug 2013 " supreme
the local investigator's hospital or institution, but some sponsors allow the use of a central ( independent / for profit ) irb for investigators who work at smaller institutions. to be ethical, researchers must obtain the full and informed consent of participating human subjects. ( one of the irb's main functions is to ensure potential patients are adequately informed about the clinical trial. ) if the patient is unable to consent for him / herself, researchers can seek consent from the patient's legally authorized representative. in addition, the clinical trial participants must be made aware that they can withdraw from the clinical trial at any time without any adverse action taken against them. in california, the state has prioritized the individuals who can serve as the legally authorized representative. in some us locations, the local irb must certify researchers and their staff before they can conduct clinical trials. they must understand the federal patient privacy ( hipaa ) law and good clinical practice. the international conference of harmonisation guidelines for good clinical practice is a set of standards used internationally for the conduct of clinical trials. the guidelines aim to ensure the " rights, safety and well being of trial subjects are protected ". the notion of informed consent of participating human subjects exists in many countries but its precise definition may still vary. informed consent is clearly a'necessary'condition for ethical conduct but does not'ensure'ethical conduct. in compassionate use trials the latter becomes a particularly difficult problem. the final objective is to serve the community of patients or future patients in a best - possible and most responsible way. see also expanded access. however, it may be hard to turn this objective into a well - defined, quantified, objective function. in some cases this can be done, however, for instance, for questions of when to stop sequential treatments ( see odds algorithm ), and then quantified methods may play an important role. additional ethical concerns are present when conducting clinical trials on children ( pediatrics ), and in emergency or epidemic situations. ethically balancing the rights of multiple stakeholders may be difficult. for example, when drug trials fail, the sponsors may have a duty to tell current and potential investors immediately, which means both the research staff and the enrolled participants may first hear about the end of a trial through public business news. = = = conflicts of interest and unfavorable studies = = = in response to specific cases in which unfavorable data from pharmaceutical company - sponsored research were not published, the pharmaceutical research and manufacturers of america published new guidelines urging companies to report
because a patient has to deal with a new condition. : 783 patients involved in trials may not be fully aware of the alternative treatments, and an awareness that there is uncertainty in the best treatment can help make patients more aware of this. : 784 corrigan notes that patients generally expect that doctors are acting exclusively in their interest in interactions and that this combined with " clinical equipose " where a healthcare practitioner does not know which treatment is better in a randomized control trial can be harmful to the doctor - patient relationship. : 780 – 781 = = medical procedures = = the doctrine of informed consent relates to professional negligence and establishes a breach of the duty of care owed to the patient ( see duty of care, breach of the duty, and respect for persons ). the doctrine of informed consent also has significant implications for medical trials of medications, devices, or procedures. = = = requirements of the professional = = = until 2015 in the united kingdom and in countries such as malaysia and singapore, informed consent in medical procedures requires proof as to the standard of care to expect as a recognised standard of acceptable professional practice ( the bolam test ), that is, what risks would a medical professional usually disclose in the circumstances. arguably, this is " sufficient consent " rather than " informed consent. " the uk has since departed from the bolam test for judging standards of informed consent, due to the landmark ruling in montgomery v lanarkshire health board. this moves away from the concept of a reasonable physician and instead uses the standard of a reasonable patient, and what risks an individual would attach significance to. medicine in the united states, australia, and canada takes this patient - centric approach to " informed consent. " informed consent in these jurisdictions requires healthcare providers to disclose significant risks, as well as risks of particular importance to that patient. this approach combines an objective ( a hypothetical reasonable patient ) and subjective ( this particular patient ) approach. optimal establishment of an informed consent requires adaptation to cultural or other individual factors of the patient. as of 2011, for example, people from mediterranean and arab backgrounds appeared to rely more on the context of the delivery of the information, with the information being carried more by who is saying it and where, when, and how it is being said, rather than what is said, which is of relatively more importance in typical " western " countries. the informed consent doctrine is generally implemented through good healthcare practice : pre - operation discussions with patients and the use of medical consent forms in hospitals. however, reliance on a signed form should
more heavily on traditional medicine with limited evidence and efficacy and no required formal training for practitioners. in the developed world, evidence - based medicine is not universally used in clinical practice ; for example, a 2007 survey of literature reviews found that about 49 % of the interventions lacked sufficient evidence to support either benefit or harm. in modern clinical practice, physicians and physician assistants personally assess patients to diagnose, prognose, treat, and prevent disease using clinical judgment. the doctor - patient relationship typically begins with an interaction with an examination of the patient's medical history and medical record, followed by a medical interview and a physical examination. basic diagnostic medical devices ( e. g., stethoscope, tongue depressor ) are typically used. after examining for signs and interviewing for symptoms, the doctor may order medical tests ( e. g., blood tests ), take a biopsy, or prescribe pharmaceutical drugs or other therapies. differential diagnosis methods help to rule out conditions based on the information provided. during the encounter, properly informing the patient of all relevant facts is an important part of the relationship and the development of trust. the medical encounter is then documented in the medical record, which is a legal document in many jurisdictions. follow - ups may be shorter but follow the same general procedure, and specialists follow a similar process. the diagnosis and treatment may take only a few minutes or a few weeks, depending on the complexity of the issue. the components of the medical interview and encounter are : chief complaint ( cc ) : the reason for the current medical visit. these are the symptoms. they are in the patient's own words and are recorded along with the duration of each one. also called chief concern or presenting complaint. current activity : occupation, hobbies, what the patient actually does. family history ( fh ) : listing of diseases in the family that may impact the patient. a family tree is sometimes used. history of present illness ( hpi ) : the chronological order of events of symptoms and further clarification of each symptom. distinguishable from history of previous illness, often called past medical history ( pmh ). medical history comprises hpi and pmh. medications ( rx ) : what drugs the patient takes including prescribed, over - the - counter, and home remedies, as well as alternative and herbal medicines or remedies. allergies are also recorded. past medical history ( pmh / pmhx ) : concurrent medical problems, past hospitalizations and operations, injuries
Answer:
|
A finding by the trial judge that Zadok had left the office without actually receiving treatment.
| 0.3 |
A leading question is LEAST likely to be permitted over objection when
0. asked on cross-examination of an expert witness.
1. asked on direct examination of a young child.
2. asked on direct examination of a disinterested eyewitness.
3. related to preliminary matters such as the name or occupation of the witness
have made our subjects realize that the implanted information could not possibly be true. we are still at a loss as to why so few of them realized this. " a survey of research on the matter confirm eyewitness testimony consistently changes over time and based on the type of questioning. the approach investigators and lawyers take in their questioning has repeatedly shown to alter eyewitness response. one study showed changing certain words and phrases resulted in an increase in overall estimations of witnesses. = = improving eyewitness testimony = = law enforcement, legal professions, and psychologists have worked together in attempts to make eyewitness testimony more reliable and accurate. geiselman, fisher, mackinnon, and holland saw much improvement in eyewitness memory with an interview procedure they referred to as the cognitive interview. the approach focuses on making witness aware of all events surrounding a crime without generating false memories or inventing details. in this tactic, the interviewer builds a rapport with the witness before asking any questions. they then allow the witness to provide an open ended account of the situation. the interviewer then asks follow up questions to clarify the witness'account, reminding the witness it is acceptable to be unsure and move on. this approach guides the witness over a rigid protocol. when implemented correctly, the ci showed more accuracy and efficiency without additional incorrect information being generated. currently, this is the u. s. department of justice's suggested method for law enforcement officials to use in obtaining information from witnesses. programs training officers in this method have been developed outside the u. s. in many european countries, as well as australia, new zealand, and israel. while some analysis of police interviewing technique reveals this change towards ci interviewing is not put into effect by many officials in the us and the u. k., it is still considered to be the most effective means of decreasing error in eyewitness testimony. = = = innocence project = = = emotional status is an imperative element of accurate eyewitness testimony. on the one hand, memory enhancement can occur when high emotional arousal occurs. however, strong feelings such as distress can cause memory distortions ( anable ). over the last decade, the innocence project has been gaining notoriety for its work within the judicial system providing help in exonerating those who have been wrongfully accused of various crimes. to do their part, the following are specific ways that they have suggested eyewitness identification can be more reliable. emotional disposition can influence eye - witness testimony depending on the intensity of events and emotions of an individual
question may be characterized as follows : the question has some true answer if and only if the sentence is true. = = see also = = common ground conversational scoreboard context ( linguistics ) double - barreled question dynamic semantics fallacy of many questions intertextuality loaded question performative contradiction speech act strawson entailment = = references = = = = further reading = = beaver, david. 1997. presupposition. in j. van benthem and a. ter meulen ( eds. ), the handbook of logic and language, elsevier, pp. 939 – 1008. henk zeevat. 2007. accommodation. in ramchand, g. and c. reiss ( eds. ), the oxford handbook of linguistic interfaces, oxford university press. pp. 503 – 538. = = external links = = geurts, bart. " presupposition ". in zalta, edward n. ( ed. ). stanford encyclopedia of philosophy.
a fast - food restaurant, either ( c ) handing a check to the cashier or ( g ) pointing a gun at the cashier. following this, participants were given a short retention interval, after which they completed a questionnaire, and were then shown a fair - perpetrator 12 - person lineup. in the first experiment, the participant's memory was slightly worse. in the second, the assailant was correctly identified slightly less often in the weapon condition. the questionnaire and line - up results of experiment ii showed those in the g group with worse memory, compared to the control - conditioned group. = = = systematic variables = = = = = = = type of questioning = = = = as early as 1900, psychologists like alfred binet recorded how the phrasing of questioning during an investigation could alter witness response. binet believed people were highly susceptible to suggestion, and called for a better approach to questioning witnesses. a prime example of this is in the initial questioning process conducted by authorities. as an official investigation launches, police ask many questions ranging from race to weight of the perpetrator. all the information collected can be used to pull photographs of prime suspects or lead to a line up. if police suggest their own opinions, whether verbal or non - verbal, it can encourage a witness to change their mind or lead to guessing. studies conducted by crombag ( 1996 ) discovered that in an incident involving a crew attempting to return to the airport but were unable to maintain flight and crashed into an 11 - story apartment building. though no cameras caught the moment of impact on film, many news stations covered the tragedy with footage taken after impact. ten months after the event, the researchers interviewed people about the crash. according to theories about flashbulb memory, the intense shock of the event should have made the memory of the event incredibly accurate. this same logic is often applied to those who witness a criminal act. to test this assumption, participants were asked questions that planted false information about the event. fifty - five percent of subjects reported having watched the moment of impact on television, and recalled the moment the plane broke out in flames - even though it was impossible for them to have seen either of these occurrences. one researcher remarked, " [ v ] ery critical sense would have made our subjects realize that the implanted information could not possibly be true. we are still at a loss as to why so few of them realized this. " a survey of research on the matter confirm eyewitness testimony consistently changes over time and
##ized because no matter how closely it is approximated it is always counterfactual ( because, in this case, the fact is that all meanings are to some degree personally defined ). another, basic idealized presupposition of argumentation is the presupposition that no relevant argument is suppressed or excluded by the participants. another is the presupposition that no persuasive force except that of the better argument is exerted. there is also the presupposition that all the participants are motivated only by a concern for the better argument. there is the presupposition of attributing a context - transcending significance to validity claims. this presupposition is controversial but important ( and becomes expanded and clarified in the presuppositions of discourse, see below ). the idea is that participants in communication instill their claims with a validity that is understood to have significance beyond the specific context of their agreement. the presupposition that no validity claim is exempt in principle from critical evaluation in argumentation ; the presupposition that everyone capable of speech and action is entitled to participate, and everyone is equally entitled to introduce new topics or express attitudes needs or desires. in sum, all these presuppositions must be assumed to be approximately satisfied in any situation of communication, despite their being necessarily counterfactual. habermas refers to the positing of these idealized presuppositions as the " simultaneously unavoidable and trivial accomplishments that sustain communicative action and argumentation ". habermas calls discourses those forms of communication that come sufficiently close to actually satisfying these presuppositions. discourses often occur within institutionalized forms of argumentation that self - reflectively refine their procedures of communication, and as a result, have a more rigorous set of presuppositions in addition to the ones listed above. a striking feature of discourse is that validity claims tend to be explicitly thematized and there is the presupposition that all possible interlocutors would agree to the universal validity of the conclusions reached. habermas especially highlights this in what he calls theoretical discourses and practical discourses. these are tied directly to two of the three dimensions of validity discussed above : theoretical discourse being concerned with validity claims thematized regarding objective states of affairs ( it ) ; practical discourse being concerned with validity claims thematized concerning the rightness of norms governing social interactions ( we ). habermas understands
- taking in conversation indicates. while the above can be true in some contexts and situations, studies that dichotomize the communicative behavior of men and women may run the risk of overgeneralization. for example, " minimal responses appearing " throughout streams of talk ", such as " mm " or " yeah ", may only function to display active listening and interest and are not always signs of " support work ", as fishman claims. they can — as more detailed analysis of minimal responses show — signal understanding, demonstrate agreement, indicate scepticism or a critical attitude, demand clarification or show surprise. in other words, both male and female participants in a conversation can employ these minimal responses for interactive functions, rather than gender - specific functions. = = = questions = = = some research has argued that men and women differ in their use of questions in conversations. for men, a question is usually a genuine request for information whereas with women it can often be a rhetorical means of engaging the other's conversational contribution or of acquiring attention from others conversationally involved, techniques associated with a collaborative approach to language use. therefore, women use questions more frequently. = = question tags = = a study carried out by alice freed and alice greenwood in 1996 showed that there was no significant difference in the use of question tags, such as " you know? " between genders. tag questions are frequently used to verify or confirm information, though in women's language they may also be used to avoid making strong statements. = = = turn - taking = = = as the work of victoria defrancisco shows, female linguistic behaviour characteristically encompasses a desire to take turns in conversation with others, which is opposed to men's tendency towards centering on their own point or remaining silent when presented with such implicit offers of conversational turn - taking as are provided by hedges such as " y'know " and " isn't it ". this desire for turn - taking gives rise to complex forms of interaction in relation to the more regimented form of turn - taking commonly exhibited by men. = = = changing the topic of conversation = = = according to bruce dorval in his study of same - sex friend interaction, males tend to change subject more frequently than females. this difference may well be at the root of the conception that women chatter and talk too much. goodwin observes that girls and women link their utterances to previous speakers and develop each other's topics, rather than introducing new topics. however, a
Answer:
|
asked on direct examination of a disinterested eyewitness.
| null |
A leading question is LEAST likely to be permitted over objection when
0. asked on cross-examination of an expert witness.
1. asked on direct examination of a young child.
2. asked on direct examination of a disinterested eyewitness.
3. related to preliminary matters such as the name or occupation of the witness
have made our subjects realize that the implanted information could not possibly be true. we are still at a loss as to why so few of them realized this. " a survey of research on the matter confirm eyewitness testimony consistently changes over time and based on the type of questioning. the approach investigators and lawyers take in their questioning has repeatedly shown to alter eyewitness response. one study showed changing certain words and phrases resulted in an increase in overall estimations of witnesses. = = improving eyewitness testimony = = law enforcement, legal professions, and psychologists have worked together in attempts to make eyewitness testimony more reliable and accurate. geiselman, fisher, mackinnon, and holland saw much improvement in eyewitness memory with an interview procedure they referred to as the cognitive interview. the approach focuses on making witness aware of all events surrounding a crime without generating false memories or inventing details. in this tactic, the interviewer builds a rapport with the witness before asking any questions. they then allow the witness to provide an open ended account of the situation. the interviewer then asks follow up questions to clarify the witness'account, reminding the witness it is acceptable to be unsure and move on. this approach guides the witness over a rigid protocol. when implemented correctly, the ci showed more accuracy and efficiency without additional incorrect information being generated. currently, this is the u. s. department of justice's suggested method for law enforcement officials to use in obtaining information from witnesses. programs training officers in this method have been developed outside the u. s. in many european countries, as well as australia, new zealand, and israel. while some analysis of police interviewing technique reveals this change towards ci interviewing is not put into effect by many officials in the us and the u. k., it is still considered to be the most effective means of decreasing error in eyewitness testimony. = = = innocence project = = = emotional status is an imperative element of accurate eyewitness testimony. on the one hand, memory enhancement can occur when high emotional arousal occurs. however, strong feelings such as distress can cause memory distortions ( anable ). over the last decade, the innocence project has been gaining notoriety for its work within the judicial system providing help in exonerating those who have been wrongfully accused of various crimes. to do their part, the following are specific ways that they have suggested eyewitness identification can be more reliable. emotional disposition can influence eye - witness testimony depending on the intensity of events and emotions of an individual
question may be characterized as follows : the question has some true answer if and only if the sentence is true. = = see also = = common ground conversational scoreboard context ( linguistics ) double - barreled question dynamic semantics fallacy of many questions intertextuality loaded question performative contradiction speech act strawson entailment = = references = = = = further reading = = beaver, david. 1997. presupposition. in j. van benthem and a. ter meulen ( eds. ), the handbook of logic and language, elsevier, pp. 939 – 1008. henk zeevat. 2007. accommodation. in ramchand, g. and c. reiss ( eds. ), the oxford handbook of linguistic interfaces, oxford university press. pp. 503 – 538. = = external links = = geurts, bart. " presupposition ". in zalta, edward n. ( ed. ). stanford encyclopedia of philosophy.
a fast - food restaurant, either ( c ) handing a check to the cashier or ( g ) pointing a gun at the cashier. following this, participants were given a short retention interval, after which they completed a questionnaire, and were then shown a fair - perpetrator 12 - person lineup. in the first experiment, the participant's memory was slightly worse. in the second, the assailant was correctly identified slightly less often in the weapon condition. the questionnaire and line - up results of experiment ii showed those in the g group with worse memory, compared to the control - conditioned group. = = = systematic variables = = = = = = = type of questioning = = = = as early as 1900, psychologists like alfred binet recorded how the phrasing of questioning during an investigation could alter witness response. binet believed people were highly susceptible to suggestion, and called for a better approach to questioning witnesses. a prime example of this is in the initial questioning process conducted by authorities. as an official investigation launches, police ask many questions ranging from race to weight of the perpetrator. all the information collected can be used to pull photographs of prime suspects or lead to a line up. if police suggest their own opinions, whether verbal or non - verbal, it can encourage a witness to change their mind or lead to guessing. studies conducted by crombag ( 1996 ) discovered that in an incident involving a crew attempting to return to the airport but were unable to maintain flight and crashed into an 11 - story apartment building. though no cameras caught the moment of impact on film, many news stations covered the tragedy with footage taken after impact. ten months after the event, the researchers interviewed people about the crash. according to theories about flashbulb memory, the intense shock of the event should have made the memory of the event incredibly accurate. this same logic is often applied to those who witness a criminal act. to test this assumption, participants were asked questions that planted false information about the event. fifty - five percent of subjects reported having watched the moment of impact on television, and recalled the moment the plane broke out in flames - even though it was impossible for them to have seen either of these occurrences. one researcher remarked, " [ v ] ery critical sense would have made our subjects realize that the implanted information could not possibly be true. we are still at a loss as to why so few of them realized this. " a survey of research on the matter confirm eyewitness testimony consistently changes over time and
##ized because no matter how closely it is approximated it is always counterfactual ( because, in this case, the fact is that all meanings are to some degree personally defined ). another, basic idealized presupposition of argumentation is the presupposition that no relevant argument is suppressed or excluded by the participants. another is the presupposition that no persuasive force except that of the better argument is exerted. there is also the presupposition that all the participants are motivated only by a concern for the better argument. there is the presupposition of attributing a context - transcending significance to validity claims. this presupposition is controversial but important ( and becomes expanded and clarified in the presuppositions of discourse, see below ). the idea is that participants in communication instill their claims with a validity that is understood to have significance beyond the specific context of their agreement. the presupposition that no validity claim is exempt in principle from critical evaluation in argumentation ; the presupposition that everyone capable of speech and action is entitled to participate, and everyone is equally entitled to introduce new topics or express attitudes needs or desires. in sum, all these presuppositions must be assumed to be approximately satisfied in any situation of communication, despite their being necessarily counterfactual. habermas refers to the positing of these idealized presuppositions as the " simultaneously unavoidable and trivial accomplishments that sustain communicative action and argumentation ". habermas calls discourses those forms of communication that come sufficiently close to actually satisfying these presuppositions. discourses often occur within institutionalized forms of argumentation that self - reflectively refine their procedures of communication, and as a result, have a more rigorous set of presuppositions in addition to the ones listed above. a striking feature of discourse is that validity claims tend to be explicitly thematized and there is the presupposition that all possible interlocutors would agree to the universal validity of the conclusions reached. habermas especially highlights this in what he calls theoretical discourses and practical discourses. these are tied directly to two of the three dimensions of validity discussed above : theoretical discourse being concerned with validity claims thematized regarding objective states of affairs ( it ) ; practical discourse being concerned with validity claims thematized concerning the rightness of norms governing social interactions ( we ). habermas understands
- taking in conversation indicates. while the above can be true in some contexts and situations, studies that dichotomize the communicative behavior of men and women may run the risk of overgeneralization. for example, " minimal responses appearing " throughout streams of talk ", such as " mm " or " yeah ", may only function to display active listening and interest and are not always signs of " support work ", as fishman claims. they can — as more detailed analysis of minimal responses show — signal understanding, demonstrate agreement, indicate scepticism or a critical attitude, demand clarification or show surprise. in other words, both male and female participants in a conversation can employ these minimal responses for interactive functions, rather than gender - specific functions. = = = questions = = = some research has argued that men and women differ in their use of questions in conversations. for men, a question is usually a genuine request for information whereas with women it can often be a rhetorical means of engaging the other's conversational contribution or of acquiring attention from others conversationally involved, techniques associated with a collaborative approach to language use. therefore, women use questions more frequently. = = question tags = = a study carried out by alice freed and alice greenwood in 1996 showed that there was no significant difference in the use of question tags, such as " you know? " between genders. tag questions are frequently used to verify or confirm information, though in women's language they may also be used to avoid making strong statements. = = = turn - taking = = = as the work of victoria defrancisco shows, female linguistic behaviour characteristically encompasses a desire to take turns in conversation with others, which is opposed to men's tendency towards centering on their own point or remaining silent when presented with such implicit offers of conversational turn - taking as are provided by hedges such as " y'know " and " isn't it ". this desire for turn - taking gives rise to complex forms of interaction in relation to the more regimented form of turn - taking commonly exhibited by men. = = = changing the topic of conversation = = = according to bruce dorval in his study of same - sex friend interaction, males tend to change subject more frequently than females. this difference may well be at the root of the conception that women chatter and talk too much. goodwin observes that girls and women link their utterances to previous speakers and develop each other's topics, rather than introducing new topics. however, a
Answer:
|
asked on direct examination of a young child.
| 0.3 |
Roofer entered into a written contract with Orissa to repair the roof of Orissa's home, the repairs to be done "in a workmanlike manner." Roofer completed the repairs and took all of his equipment away, with the exception of a 20-foot extension ladder, which was left against the side of the house. He intended to come back and get the ladder the next morning. At that time, Orissa and her family were away on a trip. During the night, a thief, using the ladder to gain access to an upstairs window, entered the house and stole some valuable jewels. Orissa has asserted a claim against Roofer for damages for the loss of the jewels. In her claim against Roofer, Orissa will
0. prevail, because by leaving the ladder, Roofer became a trespasser on Orissa's property.
1. prevail, because by leaving the ladder, Roofer created the risk that a person might unlawfully enter the house.
2. not prevail, because the act of the thief was a superseding cause.
3. not prevail, because Orissa's claim is limited to damages for breach of contract
'. ( ii ) they have a clause included, whereby the original owner agrees to waive all rights — to ever sue the'tunnelers'in the future. ( iii ) the'tunnelers'agree to retract all of the knowing false claims and allegations — that they made against the original owner — thereby quashing all any'convictions'or ongoing legal proceedings. academic sources for learning more about tunneling include " the law and economics of self - dealing, " by djankov et al. at the national bureau of economic research. = = see also = = asset stripping fraudulent conveyance = = references = =
public liability is part of the law of tort which focuses on civil wrongs. an applicant ( the injured party ) usually sues the respondent ( the owner or occupier ) under common law based on negligence and / or damages. claims are usually successful when it can be shown that the owner / occupier was responsible for an injury, therefore they breached their duty of care. the duty of care is very complex, but in basic terms it is the standard by which one would expect to be treated whilst one is in the care of another. once a breach of duty of care has been established, an action brought in a common law court would most likely be successful. based on the injuries and the losses of the applicant, the court would award a financial compensation package. = = the law of insurance and public liability = = in the course of managing any property, one is obligated to comply with laws and statutes administered by government and municipal bodies. these bodies impose various liabilities, of which the property owner / manager should be aware. the most common examples of statute liability are in areas where an individual is required by law to effect insurance, e. g., workers'compensation and motor vehicle compulsory third party. property, hotel, and operations managers should become familiar with the various types of contracts involved in commercial and retail activities. these cover a wide field, but the more significant contracts are : the head lease or the management agreements tenancy and casual leasing agreements contracts with independent contractors for cleaning, lift and escalator maintenance, air conditioning and fire protection maintenance, etc. the major contractual liability from an insurance viewpoint is undoubtedly found in head lease and management agreements. these require the manager or head lessee to fully maintain, repair and replace the property, if damaged, until expiration of the agreement or lease. furthermore, the contracts usually require an indemnity to the owner against liabilities imposed upon the business for injuries and property damage arising out of the use, occupation, or management of the property. every contract contains covenants imposing responsibilities on one or other of the parties. these should be carefully examined to ensure they are not unduly onerous. a city even could be liable for damage to vehicles or injuries to a person, if they have not maintained the streets and the sidewalks well. = = degrees of duty of care = = owner / occupiers are required to provide a certain level of care. the duty of care is not the same for all people. it is dependent on a number
public liability is part of the law of tort which focuses on civil wrongs. an applicant ( the injured party ) usually sues the respondent ( the owner or occupier ) under common law based on negligence and / or damages. claims are usually successful when it can be shown that the owner / occupier was responsible for an injury, therefore they breached their duty of care. the duty of care is very complex, but in basic terms it is the standard by which one would expect to be treated whilst one is in the care of another. once a breach of duty of care has been established, an action brought in a common law court would most likely be successful. based on the injuries and the losses of the applicant, the court would award a financial compensation package. = = the law of insurance and public liability = = in the course of managing any property, one is obligated to comply with laws and statutes administered by government and municipal bodies. these bodies impose various liabilities, of which the property owner / manager should be aware. the most common examples of statute liability are in areas where an individual is required by law to effect insurance, e. g., workers'compensation and motor vehicle compulsory third party. property, hotel, and operations managers should become familiar with the various types of contracts involved in commercial and retail activities. these cover a wide field, but the more significant contracts are : the head lease or the management agreements tenancy and casual leasing agreements contracts with independent contractors for cleaning, lift and escalator maintenance, air conditioning and fire protection maintenance, etc. the major contractual liability from an insurance viewpoint is undoubtedly found in head lease and management agreements. these require the manager or head lessee to fully maintain, repair and replace the property, if damaged, until expiration of the agreement or lease. furthermore, the contracts usually require an indemnity to the owner against liabilities imposed upon the business for injuries and property damage arising out of the use, occupation, or management of the property. every contract contains covenants imposing responsibilities on one or other of the parties. these should be carefully examined to ensure they are not unduly onerous. a city even could be liable for damage to vehicles or injuries to a person, if they have not maintained the streets and the sidewalks well. = = degrees of duty of care = = owner / occupiers are required to provide a certain level of care. the duty of care is not the same for all people. it is dependent on a number
to dubai - based developer damac owned by billionaire hussain sajwani. damac was the only bidder in the auction conducted by avison young, the commercial real estate firm appointed by the court. the new properties will be branded as cavalli luxury residences. damac has proposed designs by zaha hadid architects for the site. = = = legal action = = = on june 24, 2021, the day of the collapse, a lawsuit was filed in miami dade circuit court by a resident of the building against the champlain towers south condominium association, seeking $ 5 million in damages " due to defendant's acts and omissions and their failure to properly protect the lives and property of plaintiff and class members ". on july 2, the champlain towers south condominium board issued a statement to the press following a judge's decision directing a receiver to release emergency assistance funds to residents of the building. the full statement read : the surviving members of the champlain towers south condominium association board have concluded that, in the best interest of all concerned parties, an independent receiver should be appointed to oversee the legal and claims process. the collapse of champlain towers south is an unspeakable tragedy that has devastated our community, our neighbors, and our friends. we are grieving and our hearts ache for those who have been lost and for their families. they have our deepest condolences. our profound gratitude goes out to the emergency rescue personnel – professionals and volunteers alike – who have been working around the clock. we know that answers will take time as part of a comprehensive investigation and we will continue to work with city, state, local, and federal officials in their rescue efforts, and to understand the causes of this tragedy. on july 16, 2021, the trial court appointed class counsel, led by co - chair lead counsel harley tropin and rachel furst, to represent two subclasses of victims – those who had lost family members or suffered a personal injury as a result of the collapse, and those who had suffered only an economic loss on account of the destruction of their apartment unit. on august 16, 2021, class counsel filed an amended consolidated class action complaint on behalf of these classes of victims, naming only the champlain towers south condominium association as a defendant and alleging the association's negligence in its failure to adequately maintain and repair the building. after initial investigation into additional contributing causes of the collapse, on november 16, 2021, class counsel filed a second amended complaint, bringing a class action lawsuit against
to the parents'home as a self - help probate measure ( in order to avoid any confusion about who owns the home when the parents die and to avoid losing the home to a perceived threat from the state ). later, when the parents file a bankruptcy petition without recognizing the problem, they are unable to exempt the home from administration by the trustee. unless they are able to pay the trustee an amount equal to the greater of the equity in the home or the sum of their debts ( either directly to the chapter 7 trustee or in payments to a chapter 13 trustee ), the trustee will sell their home to pay the creditors. in many cases, the parents would have been able to exempt the home and carry it safely through a bankruptcy if they had retained title or had recovered title before filing. even good faith purchasers of property who are the recipients of fraudulent transfers are only partially protected by the law in the u. s. under the bankruptcy code, they get to keep the transfer to the extent of the value they gave for it, which means that they may lose much of the benefit of their bargain, even though they have no knowledge that the transfer to them is fraudulent. often fraudulent transfers occur in connection with leveraged buyouts ( lbos ), where the management / owners of a failing corporation will cause the corporation to borrow on its assets and use the loan proceeds to purchase the management / owner's stock at highly inflated prices. the creditors of the corporation will then often have little or no unencumbered assets left upon which to collect their debts. lbos can be either intentional or constructive fraudulent transfers, or both, depending on how obviously the corporation is financially impaired when the transaction is completed. although not all lbos are fraudulent transfers, a red flag is raised when, after an lbo, the company then cannot pay its creditors. fraudulent transfer liability will often turn on the financial condition of the debtor at a particular point in the past. this analysis has historically required " dueling " expert testimony from both plaintiffs and defendants, which often led to an expensive process and inconsistent and unpredictable results. u. s. courts and scholars have recently developed market - based approaches to try to streamline the analysis of constructive fraud, and judges are increasingly focusing on these market based measures. = = = switzerland = = = under swiss law, creditors who hold a certificate of unpaid debts against the debtor, or creditors in a bankruptcy, may file suit against third parties that have benefited from unfair preferences or fraudulent transfers by the debtor prior to a
Answer:
|
prevail, because by leaving the ladder, Roofer created the risk that a person might unlawfully enter the house.
| null |
Roofer entered into a written contract with Orissa to repair the roof of Orissa's home, the repairs to be done "in a workmanlike manner." Roofer completed the repairs and took all of his equipment away, with the exception of a 20-foot extension ladder, which was left against the side of the house. He intended to come back and get the ladder the next morning. At that time, Orissa and her family were away on a trip. During the night, a thief, using the ladder to gain access to an upstairs window, entered the house and stole some valuable jewels. Orissa has asserted a claim against Roofer for damages for the loss of the jewels. In her claim against Roofer, Orissa will
0. prevail, because by leaving the ladder, Roofer became a trespasser on Orissa's property.
1. prevail, because by leaving the ladder, Roofer created the risk that a person might unlawfully enter the house.
2. not prevail, because the act of the thief was a superseding cause.
3. not prevail, because Orissa's claim is limited to damages for breach of contract
'. ( ii ) they have a clause included, whereby the original owner agrees to waive all rights — to ever sue the'tunnelers'in the future. ( iii ) the'tunnelers'agree to retract all of the knowing false claims and allegations — that they made against the original owner — thereby quashing all any'convictions'or ongoing legal proceedings. academic sources for learning more about tunneling include " the law and economics of self - dealing, " by djankov et al. at the national bureau of economic research. = = see also = = asset stripping fraudulent conveyance = = references = =
public liability is part of the law of tort which focuses on civil wrongs. an applicant ( the injured party ) usually sues the respondent ( the owner or occupier ) under common law based on negligence and / or damages. claims are usually successful when it can be shown that the owner / occupier was responsible for an injury, therefore they breached their duty of care. the duty of care is very complex, but in basic terms it is the standard by which one would expect to be treated whilst one is in the care of another. once a breach of duty of care has been established, an action brought in a common law court would most likely be successful. based on the injuries and the losses of the applicant, the court would award a financial compensation package. = = the law of insurance and public liability = = in the course of managing any property, one is obligated to comply with laws and statutes administered by government and municipal bodies. these bodies impose various liabilities, of which the property owner / manager should be aware. the most common examples of statute liability are in areas where an individual is required by law to effect insurance, e. g., workers'compensation and motor vehicle compulsory third party. property, hotel, and operations managers should become familiar with the various types of contracts involved in commercial and retail activities. these cover a wide field, but the more significant contracts are : the head lease or the management agreements tenancy and casual leasing agreements contracts with independent contractors for cleaning, lift and escalator maintenance, air conditioning and fire protection maintenance, etc. the major contractual liability from an insurance viewpoint is undoubtedly found in head lease and management agreements. these require the manager or head lessee to fully maintain, repair and replace the property, if damaged, until expiration of the agreement or lease. furthermore, the contracts usually require an indemnity to the owner against liabilities imposed upon the business for injuries and property damage arising out of the use, occupation, or management of the property. every contract contains covenants imposing responsibilities on one or other of the parties. these should be carefully examined to ensure they are not unduly onerous. a city even could be liable for damage to vehicles or injuries to a person, if they have not maintained the streets and the sidewalks well. = = degrees of duty of care = = owner / occupiers are required to provide a certain level of care. the duty of care is not the same for all people. it is dependent on a number
public liability is part of the law of tort which focuses on civil wrongs. an applicant ( the injured party ) usually sues the respondent ( the owner or occupier ) under common law based on negligence and / or damages. claims are usually successful when it can be shown that the owner / occupier was responsible for an injury, therefore they breached their duty of care. the duty of care is very complex, but in basic terms it is the standard by which one would expect to be treated whilst one is in the care of another. once a breach of duty of care has been established, an action brought in a common law court would most likely be successful. based on the injuries and the losses of the applicant, the court would award a financial compensation package. = = the law of insurance and public liability = = in the course of managing any property, one is obligated to comply with laws and statutes administered by government and municipal bodies. these bodies impose various liabilities, of which the property owner / manager should be aware. the most common examples of statute liability are in areas where an individual is required by law to effect insurance, e. g., workers'compensation and motor vehicle compulsory third party. property, hotel, and operations managers should become familiar with the various types of contracts involved in commercial and retail activities. these cover a wide field, but the more significant contracts are : the head lease or the management agreements tenancy and casual leasing agreements contracts with independent contractors for cleaning, lift and escalator maintenance, air conditioning and fire protection maintenance, etc. the major contractual liability from an insurance viewpoint is undoubtedly found in head lease and management agreements. these require the manager or head lessee to fully maintain, repair and replace the property, if damaged, until expiration of the agreement or lease. furthermore, the contracts usually require an indemnity to the owner against liabilities imposed upon the business for injuries and property damage arising out of the use, occupation, or management of the property. every contract contains covenants imposing responsibilities on one or other of the parties. these should be carefully examined to ensure they are not unduly onerous. a city even could be liable for damage to vehicles or injuries to a person, if they have not maintained the streets and the sidewalks well. = = degrees of duty of care = = owner / occupiers are required to provide a certain level of care. the duty of care is not the same for all people. it is dependent on a number
to dubai - based developer damac owned by billionaire hussain sajwani. damac was the only bidder in the auction conducted by avison young, the commercial real estate firm appointed by the court. the new properties will be branded as cavalli luxury residences. damac has proposed designs by zaha hadid architects for the site. = = = legal action = = = on june 24, 2021, the day of the collapse, a lawsuit was filed in miami dade circuit court by a resident of the building against the champlain towers south condominium association, seeking $ 5 million in damages " due to defendant's acts and omissions and their failure to properly protect the lives and property of plaintiff and class members ". on july 2, the champlain towers south condominium board issued a statement to the press following a judge's decision directing a receiver to release emergency assistance funds to residents of the building. the full statement read : the surviving members of the champlain towers south condominium association board have concluded that, in the best interest of all concerned parties, an independent receiver should be appointed to oversee the legal and claims process. the collapse of champlain towers south is an unspeakable tragedy that has devastated our community, our neighbors, and our friends. we are grieving and our hearts ache for those who have been lost and for their families. they have our deepest condolences. our profound gratitude goes out to the emergency rescue personnel – professionals and volunteers alike – who have been working around the clock. we know that answers will take time as part of a comprehensive investigation and we will continue to work with city, state, local, and federal officials in their rescue efforts, and to understand the causes of this tragedy. on july 16, 2021, the trial court appointed class counsel, led by co - chair lead counsel harley tropin and rachel furst, to represent two subclasses of victims – those who had lost family members or suffered a personal injury as a result of the collapse, and those who had suffered only an economic loss on account of the destruction of their apartment unit. on august 16, 2021, class counsel filed an amended consolidated class action complaint on behalf of these classes of victims, naming only the champlain towers south condominium association as a defendant and alleging the association's negligence in its failure to adequately maintain and repair the building. after initial investigation into additional contributing causes of the collapse, on november 16, 2021, class counsel filed a second amended complaint, bringing a class action lawsuit against
to the parents'home as a self - help probate measure ( in order to avoid any confusion about who owns the home when the parents die and to avoid losing the home to a perceived threat from the state ). later, when the parents file a bankruptcy petition without recognizing the problem, they are unable to exempt the home from administration by the trustee. unless they are able to pay the trustee an amount equal to the greater of the equity in the home or the sum of their debts ( either directly to the chapter 7 trustee or in payments to a chapter 13 trustee ), the trustee will sell their home to pay the creditors. in many cases, the parents would have been able to exempt the home and carry it safely through a bankruptcy if they had retained title or had recovered title before filing. even good faith purchasers of property who are the recipients of fraudulent transfers are only partially protected by the law in the u. s. under the bankruptcy code, they get to keep the transfer to the extent of the value they gave for it, which means that they may lose much of the benefit of their bargain, even though they have no knowledge that the transfer to them is fraudulent. often fraudulent transfers occur in connection with leveraged buyouts ( lbos ), where the management / owners of a failing corporation will cause the corporation to borrow on its assets and use the loan proceeds to purchase the management / owner's stock at highly inflated prices. the creditors of the corporation will then often have little or no unencumbered assets left upon which to collect their debts. lbos can be either intentional or constructive fraudulent transfers, or both, depending on how obviously the corporation is financially impaired when the transaction is completed. although not all lbos are fraudulent transfers, a red flag is raised when, after an lbo, the company then cannot pay its creditors. fraudulent transfer liability will often turn on the financial condition of the debtor at a particular point in the past. this analysis has historically required " dueling " expert testimony from both plaintiffs and defendants, which often led to an expensive process and inconsistent and unpredictable results. u. s. courts and scholars have recently developed market - based approaches to try to streamline the analysis of constructive fraud, and judges are increasingly focusing on these market based measures. = = = switzerland = = = under swiss law, creditors who hold a certificate of unpaid debts against the debtor, or creditors in a bankruptcy, may file suit against third parties that have benefited from unfair preferences or fraudulent transfers by the debtor prior to a
Answer:
|
not prevail, because the act of the thief was a superseding cause.
| 0.3 |
Homer and Purcell entered into a valid, enforceable written contract by which Homer agreed to sell and Purcell agreed to purchase Blackacre, which was Homer's residence. One of the contract provisions was that after closing, Homer had the right to remain in residence at Blackacre for up to 30 days before delivering possession to Purcell. The closing took place as scheduled. Title passed to Purcell and Homer remained in possession. Within a few days after the closing, the new house next door which was being constructed for Homer was burned to the ground, and at the end of the 30-day period Homer refused to move out of Blackacre; instead, Homer tendered to Purcell a monthly rental payment in excess of the fair rental value of Blackacre. Purcell rejected the proposal and that day brought an appropriate action to gain immediate possession of Blackacre. The contract was silent as to the consequences of Homer's failure to give up possession within the 30-day period, and the jurisdiction in which Blackacre is located has no statute dealing directly with this situation, although the landlord-tenant law of the jurisdiction requires a landlord to give a tenant 30 days notice before a tenant may be evicted. Purcell did not give Homer any such 30-day statutory notice. Purcell's best legal argument in support of his action to gain immediate possession is that Homer is a
0. trespasser ab initio.
1. licensee.
2. tenant at sufferance.
3. tenant from month to month
( scotland ) act 1880 ( 43 vict. c. 12 ) it was enacted that the landlord's right of hypothec for the rent of land, including the rent of any buildings thereon, exceeding two acres ( 8, 000 m2 ) in extent, let for agriculture or pasture, shall cease and determine. by the same act and by the agricultural holdings ( scotland ) act 1883 ( 46 & 47 vict. c. 62 ) other rights and remedies for rent, where the right of hypothec had ceased, were given to the landlord. under scots law, landlord's hypothec is a common law right of security enjoyed by landlords over any goods sited on the leased premises, regardless of who owns those goods. the hypothec does not secure all sums which happen to be due to the landlord, only a portion of the rent. landlord's hypothec is enforced by court proceedings known as sequestration for rent. the bankruptcy and diligence etc. ( scotland ) act 2007 ( asp 3 ) abolishes the common law diligence of sequestration for rent. the scottish executive felt that such a mechanism had no part to play in a modern enforcement system, not least because a landlord is able to use other diligences to recover unpaid rent, such as attachment sequestration for rent can now be used to sell only goods that are secured by a right known as the landlord's hypothec, which arises automatically whenever there is a qualifying lease. the act makes some changes to the hypothec, even though it is not a diligence. for example, it completes the process of abolishing the hypothec over goods in dwelling - houses that was initiated by the debt arrangement and attachment ( scotland ) act 2002 ( section 208 ( 3 ) of the 2007 act ). it also abolishes the hypothec over goods owned by a third party ( section 208 ( 4 ) ). the act also states that, notwithstanding the abolition of sequestration for rent, landlord's hypothec does continue as a right in security ( section 208 ( 2 ) ( a ) ). = = = = quebec = = = = in quebec law, the word is nevertheless used in translations as an equivalent of hypotheque, which has a much broader meaning and encompasses the common law equivalents of, inter alia, mortgages, non - possessory liens over movable
of the program in january 2016, developers received financing for 13, 929 affordable units, of which 5, 006 utilized the 421 - a exemption program. in response to this issue, governor cuomo brought both union leaders and real estate executives together to create a deal on paying union - level wages on 421 - a projects. at the conclusion of negotiations, unions and real estate developers reached an agreement to pay workers $ 60 / hr on covered projects in manhattan and $ 45 / hr on covered projects within a mile of the east river waterfront in queens and brooklyn. as such, the bill was submitted to the state legislature for approval. the program was officially revived with the passage of new york state's $ 153. 1 billion budget in april 2017. in june 2019, cuomo signed the housing stability and tenant protection act of 2019 ( hstpa ) into law, protecting additional tenant rights across new york state. according to the new york times, the hstpa " mark [ s ] a turning point " for the millions of new yorkers living in rent - stabilized apartments " after a steady erosion of protections and the loss of tens of thousands of regulated apartments. " while tenant groups cheered the bill's passage, landlord groups worried that some of its provisions would undermine their ability to build and maintain apartment buildings. following the passage of the act, some housing advocates called for the repeal of the 421 - a tax exemption. = = current version = = as part of the 2017 plan, all housing developments must include between 25 % and 30 % affordable units to qualify for the program, with several ways for builders to meet that requirement. previously, that affordability requirement was 20 %. however, if the initial tenant of a rent stabilized unit in a building covered by the exemption decides to leave, then the building owner would no longer need to keep that specific unit rent stabilized for new tenants, assuming the rent for that unit is more than $ 2, 700 a month. under the old 421 - a, there was no rent or income limit. under the program, the exemption lasts for three years of construction and 35 additional years after the project is complete. a full exemption on the tax increase will take place for the first 25 years after the construction period, with the tax benefits in the last ten years being tied to the number of affordable units created. the new 421 - a program is also an option for condominium projects. however, condominium projects only qualify for this program if the project has 35 units or less, is not located in manhattan,
some developers, moving more toward attempting to renovate, reuse or repurpose historic and architecturally significant buildings, and big successes came with the renovations of the davenport hotel in 2002 and the fox theater in 2007, both of which were under threat of demolition ; the site of the fox theater was to become a parking garage. some historic buildings still have been lost to the wrecking ball however. a building that had a noticeable impact for preservation advocates and the community was the demolition of the rookery block in 2006 to make way for a potential office high - rise ; the rookery block to some developers was deemed not economical to renovate, but some in the community saw it as architecturally interesting and worthy of being saved. the rookery was demolished and today ( as of january 2022 ) is still a public surface parking lot. although a loss for preservationists, the situation was able to be used to lobby the city council to adopt an ordinance that prohibits the demolition of " historically eligible " buildings without erecting another structure in their place. a nomination was prepared for the rookery block, which originally consisted of three buildings, but it was demolished before it could be submitted. locally, eligible historic residential properties can apply to be listed on the spokane register of historic properties, which would make a property eligible for a federal tax credit toward necessary maintenance of the house ; the register has over 400 listings ( as of august 2021 ), most of which are residential homes. the spokane historic preservation office can offer support with the involved process of applying for the register and offer ideas and feedback when renovating a historic property, the spokane public library's northwest room can also be used as a resource for finding relevant information regarding public records, newspapers, and neighborhood history in this process. = = = most endangered places = = = the washington trust for historic preservation keeps a " most endangered places " list for historic structures that are believed to be threatened with demolition. in spokane county, there are currently ( as of january 2022 ) two buildings on the list, the jensen - byrd building and the chancery building. the jensen - byrd building in the university district is a former warehouse designed by whitehouse & price with low ceilings which poses unique challenges for adaptive reuse and the chancery building is a kirtland cutter building that is a contributing property in the riverside avenue historic district, which had its tenant vacated in 2019 to make way for an apartment building. = = landscape architecture = = = = = parks = = = the spokane parks and recreation department has 4,
old schoolteacher, was among the first black settlers in the community and became an outspoken representative for the eight mile road civic association. the community groups worked for fha funding for single - family detached homes and protested private white redevelopment of their neighborhood. the federal housing policies egregiously represented blatant discrimination against eight mile residents because in factories they were " working side by side with homeowners who are paying off their mortgages through fha. " avery drew strong parallels between the government's plan to relocate landowners of eight mile and replace them with public housing and the evictions of sharecroppers in the south. however, the dedicated efforts of the eight mile civic association drew raymond foley's attention. foley, the michigan director of the fha, new deal democrat and later national director of the fha under truman, found the dedicated commitment of back residents to housing improvement compelling. although foley believed that federal housing should create residential stability through homeownership, he embodied a separate but equal philosophy. the fha already mandated racial homogeneity within housing construction and foley continued this racist and oppressive practice. foley visited eight mile after a detroit common council sponsored hearing in august 1943 on the development of the community. community organizers led a phenomenal clean - up drive on the eve of foley's visit resulting in him praising them at a city plan commission hearing. = = citizens housing and planning council = = like many other organizations the citizens housing and planning council ( chpc ) developed plans for the eight mile - wyoming area. in 1938 they started efforts by targeting the residential area with a detailed study of housing conditions in order to facilitate their major redevelopment proposal. in 1939, marvel daines, a white graduate student of sociology at the university of michigan, began surveying the bleakest residences of the community. daines produced a pamphlet published by the chpc which was distributed to government officials, planners, and corporate leaders. the pamphlet showcased his interviews of eight mile residents about housing, employment opportunity, and living conditions. the report illustrated daines asstonishment at the forced impoverishment of the residents and their dire conditions while showcasing admiration for their efforts. however, he also highlighted his concern for development of white communities because of their closeness to the slums. therefore, daines considered a myriad of proposals to alleviate these issues. he saw the construction of public housing unlikely because of the government's strong desire to clear eight mile as slums. he believed that a private - public project would effectively exacerbate rents and
period began, in which builders were exempt from the increase in taxes for two years, followed by a 20 % decrease in the tax exemption every two years ( 80 % exempt in year three, 60 % exempt in year five, etc. ) this would last until after the tenth year, in which the builder would begin paying the full property taxes mandated for the total value of the property. all builders of multi - family housing outside of the geographic exclusion area ( gea ) had a right to this deduction. this version of the exemption remained in place before the addition of affordable housing requirements in the 1980s. under the initial program, 421 - a applied to all dwellings with at least ten housing units. the above exemption applied to the value of the housing improvements. the original 421 - a program also required that rents in buildings receiving the tax exemption be at least 15 % less than the rents of comparable units nearby. 421 - a housing units were also subject to all local rent stabilization laws that were passed for a period of ten years or however long the rent stabilization laws lasted, whichever period was shorter. = = = amendments and affordability provisions = = = in 1976, the state legislature passed amendments preventing the department of housing preservation and development ( hpd ) from rescinding certificates of eligibility for any projects started on or after july 1, 1976. in 1977, the program was extended for an additional four years. then, in 1978, the requirement that privately owned buildings contain at least six dwelling units was removed. three years later, non - condominiums under the program were made subject to rent stabilization laws, a change from when non - condominiums were only temporary subjected to those same laws. the 1981 amendments also allowed the hpd to restrict access to the program for areas that did not need the tax incentives or should be used for non - residential purposes. in 1983, certain cities in the state were permitted to limit, restrict, or condition 421 - a benefits. in the 1983 revision, the also state rescinded 421 - a tax benefits for multi - family dwellings that were converted from non - residential use. in 1984, the state mandated that rents for buildings built after january 1, 1974, be stabilized until may 15, 1985. also, the state mandated that the new york city board of estimate review all local restrictions on 421 - a benefits for approval. additionally, the state passed laws that officially restricted benefits for projects in manhattan : areas in manhattan eligible for the exemption were reduced, and previously non - commercial sites now had to be underuti
Answer:
|
licensee.
| null |
Homer and Purcell entered into a valid, enforceable written contract by which Homer agreed to sell and Purcell agreed to purchase Blackacre, which was Homer's residence. One of the contract provisions was that after closing, Homer had the right to remain in residence at Blackacre for up to 30 days before delivering possession to Purcell. The closing took place as scheduled. Title passed to Purcell and Homer remained in possession. Within a few days after the closing, the new house next door which was being constructed for Homer was burned to the ground, and at the end of the 30-day period Homer refused to move out of Blackacre; instead, Homer tendered to Purcell a monthly rental payment in excess of the fair rental value of Blackacre. Purcell rejected the proposal and that day brought an appropriate action to gain immediate possession of Blackacre. The contract was silent as to the consequences of Homer's failure to give up possession within the 30-day period, and the jurisdiction in which Blackacre is located has no statute dealing directly with this situation, although the landlord-tenant law of the jurisdiction requires a landlord to give a tenant 30 days notice before a tenant may be evicted. Purcell did not give Homer any such 30-day statutory notice. Purcell's best legal argument in support of his action to gain immediate possession is that Homer is a
0. trespasser ab initio.
1. licensee.
2. tenant at sufferance.
3. tenant from month to month
( scotland ) act 1880 ( 43 vict. c. 12 ) it was enacted that the landlord's right of hypothec for the rent of land, including the rent of any buildings thereon, exceeding two acres ( 8, 000 m2 ) in extent, let for agriculture or pasture, shall cease and determine. by the same act and by the agricultural holdings ( scotland ) act 1883 ( 46 & 47 vict. c. 62 ) other rights and remedies for rent, where the right of hypothec had ceased, were given to the landlord. under scots law, landlord's hypothec is a common law right of security enjoyed by landlords over any goods sited on the leased premises, regardless of who owns those goods. the hypothec does not secure all sums which happen to be due to the landlord, only a portion of the rent. landlord's hypothec is enforced by court proceedings known as sequestration for rent. the bankruptcy and diligence etc. ( scotland ) act 2007 ( asp 3 ) abolishes the common law diligence of sequestration for rent. the scottish executive felt that such a mechanism had no part to play in a modern enforcement system, not least because a landlord is able to use other diligences to recover unpaid rent, such as attachment sequestration for rent can now be used to sell only goods that are secured by a right known as the landlord's hypothec, which arises automatically whenever there is a qualifying lease. the act makes some changes to the hypothec, even though it is not a diligence. for example, it completes the process of abolishing the hypothec over goods in dwelling - houses that was initiated by the debt arrangement and attachment ( scotland ) act 2002 ( section 208 ( 3 ) of the 2007 act ). it also abolishes the hypothec over goods owned by a third party ( section 208 ( 4 ) ). the act also states that, notwithstanding the abolition of sequestration for rent, landlord's hypothec does continue as a right in security ( section 208 ( 2 ) ( a ) ). = = = = quebec = = = = in quebec law, the word is nevertheless used in translations as an equivalent of hypotheque, which has a much broader meaning and encompasses the common law equivalents of, inter alia, mortgages, non - possessory liens over movable
of the program in january 2016, developers received financing for 13, 929 affordable units, of which 5, 006 utilized the 421 - a exemption program. in response to this issue, governor cuomo brought both union leaders and real estate executives together to create a deal on paying union - level wages on 421 - a projects. at the conclusion of negotiations, unions and real estate developers reached an agreement to pay workers $ 60 / hr on covered projects in manhattan and $ 45 / hr on covered projects within a mile of the east river waterfront in queens and brooklyn. as such, the bill was submitted to the state legislature for approval. the program was officially revived with the passage of new york state's $ 153. 1 billion budget in april 2017. in june 2019, cuomo signed the housing stability and tenant protection act of 2019 ( hstpa ) into law, protecting additional tenant rights across new york state. according to the new york times, the hstpa " mark [ s ] a turning point " for the millions of new yorkers living in rent - stabilized apartments " after a steady erosion of protections and the loss of tens of thousands of regulated apartments. " while tenant groups cheered the bill's passage, landlord groups worried that some of its provisions would undermine their ability to build and maintain apartment buildings. following the passage of the act, some housing advocates called for the repeal of the 421 - a tax exemption. = = current version = = as part of the 2017 plan, all housing developments must include between 25 % and 30 % affordable units to qualify for the program, with several ways for builders to meet that requirement. previously, that affordability requirement was 20 %. however, if the initial tenant of a rent stabilized unit in a building covered by the exemption decides to leave, then the building owner would no longer need to keep that specific unit rent stabilized for new tenants, assuming the rent for that unit is more than $ 2, 700 a month. under the old 421 - a, there was no rent or income limit. under the program, the exemption lasts for three years of construction and 35 additional years after the project is complete. a full exemption on the tax increase will take place for the first 25 years after the construction period, with the tax benefits in the last ten years being tied to the number of affordable units created. the new 421 - a program is also an option for condominium projects. however, condominium projects only qualify for this program if the project has 35 units or less, is not located in manhattan,
some developers, moving more toward attempting to renovate, reuse or repurpose historic and architecturally significant buildings, and big successes came with the renovations of the davenport hotel in 2002 and the fox theater in 2007, both of which were under threat of demolition ; the site of the fox theater was to become a parking garage. some historic buildings still have been lost to the wrecking ball however. a building that had a noticeable impact for preservation advocates and the community was the demolition of the rookery block in 2006 to make way for a potential office high - rise ; the rookery block to some developers was deemed not economical to renovate, but some in the community saw it as architecturally interesting and worthy of being saved. the rookery was demolished and today ( as of january 2022 ) is still a public surface parking lot. although a loss for preservationists, the situation was able to be used to lobby the city council to adopt an ordinance that prohibits the demolition of " historically eligible " buildings without erecting another structure in their place. a nomination was prepared for the rookery block, which originally consisted of three buildings, but it was demolished before it could be submitted. locally, eligible historic residential properties can apply to be listed on the spokane register of historic properties, which would make a property eligible for a federal tax credit toward necessary maintenance of the house ; the register has over 400 listings ( as of august 2021 ), most of which are residential homes. the spokane historic preservation office can offer support with the involved process of applying for the register and offer ideas and feedback when renovating a historic property, the spokane public library's northwest room can also be used as a resource for finding relevant information regarding public records, newspapers, and neighborhood history in this process. = = = most endangered places = = = the washington trust for historic preservation keeps a " most endangered places " list for historic structures that are believed to be threatened with demolition. in spokane county, there are currently ( as of january 2022 ) two buildings on the list, the jensen - byrd building and the chancery building. the jensen - byrd building in the university district is a former warehouse designed by whitehouse & price with low ceilings which poses unique challenges for adaptive reuse and the chancery building is a kirtland cutter building that is a contributing property in the riverside avenue historic district, which had its tenant vacated in 2019 to make way for an apartment building. = = landscape architecture = = = = = parks = = = the spokane parks and recreation department has 4,
old schoolteacher, was among the first black settlers in the community and became an outspoken representative for the eight mile road civic association. the community groups worked for fha funding for single - family detached homes and protested private white redevelopment of their neighborhood. the federal housing policies egregiously represented blatant discrimination against eight mile residents because in factories they were " working side by side with homeowners who are paying off their mortgages through fha. " avery drew strong parallels between the government's plan to relocate landowners of eight mile and replace them with public housing and the evictions of sharecroppers in the south. however, the dedicated efforts of the eight mile civic association drew raymond foley's attention. foley, the michigan director of the fha, new deal democrat and later national director of the fha under truman, found the dedicated commitment of back residents to housing improvement compelling. although foley believed that federal housing should create residential stability through homeownership, he embodied a separate but equal philosophy. the fha already mandated racial homogeneity within housing construction and foley continued this racist and oppressive practice. foley visited eight mile after a detroit common council sponsored hearing in august 1943 on the development of the community. community organizers led a phenomenal clean - up drive on the eve of foley's visit resulting in him praising them at a city plan commission hearing. = = citizens housing and planning council = = like many other organizations the citizens housing and planning council ( chpc ) developed plans for the eight mile - wyoming area. in 1938 they started efforts by targeting the residential area with a detailed study of housing conditions in order to facilitate their major redevelopment proposal. in 1939, marvel daines, a white graduate student of sociology at the university of michigan, began surveying the bleakest residences of the community. daines produced a pamphlet published by the chpc which was distributed to government officials, planners, and corporate leaders. the pamphlet showcased his interviews of eight mile residents about housing, employment opportunity, and living conditions. the report illustrated daines asstonishment at the forced impoverishment of the residents and their dire conditions while showcasing admiration for their efforts. however, he also highlighted his concern for development of white communities because of their closeness to the slums. therefore, daines considered a myriad of proposals to alleviate these issues. he saw the construction of public housing unlikely because of the government's strong desire to clear eight mile as slums. he believed that a private - public project would effectively exacerbate rents and
period began, in which builders were exempt from the increase in taxes for two years, followed by a 20 % decrease in the tax exemption every two years ( 80 % exempt in year three, 60 % exempt in year five, etc. ) this would last until after the tenth year, in which the builder would begin paying the full property taxes mandated for the total value of the property. all builders of multi - family housing outside of the geographic exclusion area ( gea ) had a right to this deduction. this version of the exemption remained in place before the addition of affordable housing requirements in the 1980s. under the initial program, 421 - a applied to all dwellings with at least ten housing units. the above exemption applied to the value of the housing improvements. the original 421 - a program also required that rents in buildings receiving the tax exemption be at least 15 % less than the rents of comparable units nearby. 421 - a housing units were also subject to all local rent stabilization laws that were passed for a period of ten years or however long the rent stabilization laws lasted, whichever period was shorter. = = = amendments and affordability provisions = = = in 1976, the state legislature passed amendments preventing the department of housing preservation and development ( hpd ) from rescinding certificates of eligibility for any projects started on or after july 1, 1976. in 1977, the program was extended for an additional four years. then, in 1978, the requirement that privately owned buildings contain at least six dwelling units was removed. three years later, non - condominiums under the program were made subject to rent stabilization laws, a change from when non - condominiums were only temporary subjected to those same laws. the 1981 amendments also allowed the hpd to restrict access to the program for areas that did not need the tax incentives or should be used for non - residential purposes. in 1983, certain cities in the state were permitted to limit, restrict, or condition 421 - a benefits. in the 1983 revision, the also state rescinded 421 - a tax benefits for multi - family dwellings that were converted from non - residential use. in 1984, the state mandated that rents for buildings built after january 1, 1974, be stabilized until may 15, 1985. also, the state mandated that the new york city board of estimate review all local restrictions on 421 - a benefits for approval. additionally, the state passed laws that officially restricted benefits for projects in manhattan : areas in manhattan eligible for the exemption were reduced, and previously non - commercial sites now had to be underuti
Answer:
|
tenant from month to month
| 0.3 |
Albert engaged Bertha, an inexperienced actress, to do a small role in a new Broadway play for a period of six months at a salary of $200 a week. Bertha turned down another role in order to accept this engagement. On the third day of the run, Bertha was hospitalized with influenza and Helen was hired to do the part. A week later, Bertha recovered, but Albert refused to accept her services for the remainder of the contract period. Bertha then brought an action against Albert for breach of contract.Which of the following is Bertha's best legal theory?
0. Her acting contract with Albert was legally severable into weekly units.
1. Her performance of the literal terms of the contract was physically impossible.
2. Her reliance on the engagement with Albert by declining another acting role created an estoppel against Albert.
3. Her failure to perform for one week was not a material failure so as to discharge Albert's duty to perfor
even intelligible writing, and argued that he did not want to legitimize the deconstructionist point of view by paying any attention to it. consequently, some critics have considered the exchange to be a series of elaborate misunderstandings rather than a debate, while others have seen either derrida or searle gaining the upper hand. the debate began in 1972, when, in his paper " signature event context ", derrida analyzed j. l. austin's theory of the illocutionary act. while sympathetic to austin's departure from a purely denotational account of language to one that includes " force ", derrida was sceptical of the framework of normativity employed by austin. derrida argued that austin had missed the fact that any speech event is framed by a " structure of absence " ( the words that are left unsaid due to contextual constraints ) and by " iterability " ( the constraints on what can be said, imposed by what has been said in the past ). derrida argued that the focus on intentionality in speech - act theory was misguided because intentionality is restricted to that which is already established as a possible intention. he also took issue with the way austin had excluded the study of fiction, non - serious, or " parasitic " speech, wondering whether this exclusion was because austin had considered these speech genres as governed by different structures of meaning, or had not considered them due to a lack of interest. in his brief reply to derrida, " reiterating the differences : a reply to derrida ", searle argued that derrida's critique was unwarranted because it assumed that austin's theory attempted to give a full account of language and meaning when its aim was much narrower. searle considered the omission of parasitic discourse forms to be justified by the narrow scope of austin's inquiry. searle agreed with derrida's proposal that intentionality presupposes iterability, but did not apply the same concept of intentionality used by derrida, being unable or unwilling to engage with the continental conceptual apparatus. this, in turn, caused derrida to criticize searle for not being sufficiently familiar with phenomenological perspectives on intentionality. some critics have suggested that searle, by being so grounded in the analytical tradition that he was unable to engage with derrida's continental phenomenological tradition, was at fault
arbitration. it takes its name from a practice which arose in relation to salary arbitration in major league baseball. night baseball arbitration is a variation of baseball arbitration where the figures are not revealed to the arbitration tribunal. the arbitrator will determinate the quantum of the claim in the usual way, and the parties agree to accept and be bound by the figure which is closest to the tribunal's award. such forms of " last offer arbitration " can also be combined with mediation to create medaloa hybrid processes ( mediation followed by last offer arbitration ). = = history = = = = = england = = = arbitration in its common law form developed in england ; in the middle ages, tribunals such as the courts of the boroughs, of the fair and of the staple arose as the royal courts were not designed for trade disputes, and trade with foreigners was otherwise unenforceable. in the mid - 16th century, common law courts developed contract law and the admiralty court became accessible for disputes with foreign merchants, broadening the venues for trade disputes. courts became suspicious of arbitration ; for example, in kill v. hollister ( 1746 ), an english court ruled that the arbitration agreement could'oust'courts of law and equity of jurisdiction. merchants, however, retained provisions to settle disputes among themselves, but tension between the arbitration proceedings and courts eventually resulted in the common law procedure act 1854 ( 17 & 18 vict. c. 125 ) which provided for the appointment of arbitrators and umpires, allowed courts to'stay proceedings'when a disputant filed a suit despite an agreement to arbitrate, and provided a process for arbitrators to submit questions to a court. later, the arbitration act 1889 ( 52 & 53 vict. c. 49 ) was passed, followed by other arbitration acts in 1950, 1975, 1979 and the arbitration act 1996 ( c. 23 ). the arbitration act 1979 ( c. 42 ) in particular limited judicial review for arbitration awards. = = = united states = = = arbitration was common in the early united states, with george washington serving as an arbiter on an occasion. the united states had a notable difference from england, however, in that unlike england, its courts generally did not enforce executory agreements ( binding predispute agreements ) to arbitrate. this meant that prior to an award, a claimant could sue in court even if they had contractually agreed to settle disputes by arbitration. after the award, courts reviewed the judgment, but
). in price waterhouse, the plaintiff, ann hopkins, sued her employer when her proposal for partnership was dismissed and claimed it was because of her being a woman. the supreme court noted that hopkins ’ failure to meet gender norms was taken into account by price waterhouse when making their employment decision. the court stated in their decision that title vii is violated when sex - based considerations and / or gender is used to make decisions regarding employment. by using statutory interpretation in the majority opinion, the court in price waterhouse expanded the interpretation of title vii to “ establish liability if a plaintiff proved sex was a “ motivating ” or “ substantial ” factor in a decision based on a mix of legitimate and illegitimate factors ”. in oncale v. sundowner offshore services, inc., joseph oncale, an employee on an oil platform crew for sundowner offshore services claimed he was sexually harassed by other employees and received no support from management. oncale proceeded to file a complaint against his employer claiming his rights under title vii were violated by the sexual harassment that had taken place at work. the court ruled unanimously that all discrimination based on sex was in violation of title vii of the civil rights act regardless of the victim ’ s gender. the statutory interpretation by the court allowed for a precedent to be set for deciding the outcome in same - sex harassment cases. by establishing this precedent, the court made a statement for same - sex harassment cases that sets up the outcomes of numerous other cases centered on the question of lgbtq protections under title vii. in bostock v. clayton county, gerald bostock, an employee of clayton county, georgia, expressed interest in participating in a gay recreational softball league in 2013. shortly after, he was ridiculed by colleagues for his choices, including those related to his sexual orientation. after being abruptly fired for “ conduct unbecoming of its employees, ” bostock filed a claim with the eeoc because he believed his firing was discriminatory. bostock lays out his argument using the plain - text approach of statutory interpretation that the court agrees with and rules in his favor. the argument consisted of analyzing the broad meaning of “ because of sex ” and looking at the dictionary definition of “ homosexual. ” because of this statutory groundwork, bostock argues that discriminating against an employee for their sexual orientation “ requires an employer to intentionally treat individual employees differently because of their sex, ” and thus, is able to convince the court to rule that sexual orientation discrimination violates the protections laid out in title
from a legal point of view, a contract is an institutional arrangement for the way in which resources flow, which defines the various relationships between the parties to a transaction or limits the rights and obligations of the parties. from an economic perspective, contract theory studies how economic actors can and do construct contractual arrangements, generally in the presence of information asymmetry. because of its connections with both agency and incentives, contract theory is often categorized within a field known as law and economics. one prominent application of it is the design of optimal schemes of managerial compensation. in the field of economics, the first formal treatment of this topic was given by kenneth arrow in the 1960s. in 2016, oliver hart and bengt r. holmstrom both received the nobel memorial prize in economic sciences for their work on contract theory, covering many topics from ceo pay to privatizations. holmstrom focused more on the connection between incentives and risk, while hart on the unpredictability of the future that creates holes in contracts. a standard practice in the microeconomics of contract theory is to represent the behaviour of a decision maker under certain numerical utility structures, and then apply an optimization algorithm to identify optimal decisions. such a procedure has been used in the contract theory framework to several typical situations, labeled moral hazard, adverse selection and signalling. the spirit of these models lies in finding theoretical ways to motivate agents to take appropriate actions, even under an insurance contract. the main results achieved through this family of models involve : mathematical properties of the utility structure of the principal and the agent, relaxation of assumptions, and variations of the time structure of the contract relationship, among others. it is customary to model people as maximizers of some von neumann – morgenstern utility functions, as stated by expected utility theory. = = development and origin = = contract theory in economics began with 1991 nobel laureate ronald h. coase's 1937 article " the nature of the firm ". coase notes that " the longer the duration of a contract regarding the supply of goods or services due to the difficulty of forecasting, then the less likely and less appropriate it is for the buyer to specify what the other party should do. " that suggests two points, the first is that coase already understands transactional behaviour in terms of contracts, and the second is that coase implies that if contracts are less complete then firms are more likely to substitute for markets. the contract theory has since evolved in two directions. one is the complete contract theory and the other is the incomplete contract theory. = = = complete
in operations research, drama theory is one of several problem structuring methods. it is based on game theory and adapts the use of games to complex organisational situations, accounting for emotional responses that can provoke irrational reactions and lead the players to redefine the game. in a drama, emotions trigger rationalizations that create changes in the game, and so change follows change until either all conflicts are resolved or action becomes necessary. the game as redefined is then played. drama theory was devised by professor nigel howard in the early 1990s and, since then, has been turned to defense, political, health, industrial relations and commercial applications. drama theory is an extension of howard's metagame analysis work developed at the university of pennsylvania in the late 1960s, and presented formally in his book paradoxes of rationality, published by mit press. metagame analysis was originally used to advise on the strategic arms limitation talks ( salt ). = = basics of drama theory = = a drama unfolds through episodes in which characters interact. the episode is a period of preplay communication between characters who, after communicating, act as players in a game that is constructed through the dialogue between them. the action that follows the episode is the playing out of this game ; it sets up the next episode. most drama - theoretic terminology is derived from a theatrical model applied to real life interactions ; thus, an episode goes through phases of scene - setting, build - up, climax and decision. this is followed by denouement, which is the action that sets up the next episode. the term drama theory and the use of theatrical terminology is justified by the fact that the theory applies to stage plays and fictional plots as well as to politics, war, business, personal and community relations, psychology, history and other kinds of human interaction. it was applied to help with the structuring of the prisoner's dilemma, a west end play by david edgar about the problems of peace - keeping. in the build - up phase of an episode, the characters exchange ideas and opinions in some form or another and try to advocate their preferred position – the game outcome that they are hoping to see realised. the position each character takes may be influenced by others'positions. each character also presents a fallback or stated intention. this is the action ( i. e., individual strategy ) a character says it will implement if current positions and stated intentions do not change. taken together, the stated intentions form what is called a threatened future if they contradict some character
Answer:
|
Her failure to perform for one week was not a material failure so as to discharge Albert's duty to perfor
| null |
Albert engaged Bertha, an inexperienced actress, to do a small role in a new Broadway play for a period of six months at a salary of $200 a week. Bertha turned down another role in order to accept this engagement. On the third day of the run, Bertha was hospitalized with influenza and Helen was hired to do the part. A week later, Bertha recovered, but Albert refused to accept her services for the remainder of the contract period. Bertha then brought an action against Albert for breach of contract.Which of the following is Bertha's best legal theory?
0. Her acting contract with Albert was legally severable into weekly units.
1. Her performance of the literal terms of the contract was physically impossible.
2. Her reliance on the engagement with Albert by declining another acting role created an estoppel against Albert.
3. Her failure to perform for one week was not a material failure so as to discharge Albert's duty to perfor
even intelligible writing, and argued that he did not want to legitimize the deconstructionist point of view by paying any attention to it. consequently, some critics have considered the exchange to be a series of elaborate misunderstandings rather than a debate, while others have seen either derrida or searle gaining the upper hand. the debate began in 1972, when, in his paper " signature event context ", derrida analyzed j. l. austin's theory of the illocutionary act. while sympathetic to austin's departure from a purely denotational account of language to one that includes " force ", derrida was sceptical of the framework of normativity employed by austin. derrida argued that austin had missed the fact that any speech event is framed by a " structure of absence " ( the words that are left unsaid due to contextual constraints ) and by " iterability " ( the constraints on what can be said, imposed by what has been said in the past ). derrida argued that the focus on intentionality in speech - act theory was misguided because intentionality is restricted to that which is already established as a possible intention. he also took issue with the way austin had excluded the study of fiction, non - serious, or " parasitic " speech, wondering whether this exclusion was because austin had considered these speech genres as governed by different structures of meaning, or had not considered them due to a lack of interest. in his brief reply to derrida, " reiterating the differences : a reply to derrida ", searle argued that derrida's critique was unwarranted because it assumed that austin's theory attempted to give a full account of language and meaning when its aim was much narrower. searle considered the omission of parasitic discourse forms to be justified by the narrow scope of austin's inquiry. searle agreed with derrida's proposal that intentionality presupposes iterability, but did not apply the same concept of intentionality used by derrida, being unable or unwilling to engage with the continental conceptual apparatus. this, in turn, caused derrida to criticize searle for not being sufficiently familiar with phenomenological perspectives on intentionality. some critics have suggested that searle, by being so grounded in the analytical tradition that he was unable to engage with derrida's continental phenomenological tradition, was at fault
arbitration. it takes its name from a practice which arose in relation to salary arbitration in major league baseball. night baseball arbitration is a variation of baseball arbitration where the figures are not revealed to the arbitration tribunal. the arbitrator will determinate the quantum of the claim in the usual way, and the parties agree to accept and be bound by the figure which is closest to the tribunal's award. such forms of " last offer arbitration " can also be combined with mediation to create medaloa hybrid processes ( mediation followed by last offer arbitration ). = = history = = = = = england = = = arbitration in its common law form developed in england ; in the middle ages, tribunals such as the courts of the boroughs, of the fair and of the staple arose as the royal courts were not designed for trade disputes, and trade with foreigners was otherwise unenforceable. in the mid - 16th century, common law courts developed contract law and the admiralty court became accessible for disputes with foreign merchants, broadening the venues for trade disputes. courts became suspicious of arbitration ; for example, in kill v. hollister ( 1746 ), an english court ruled that the arbitration agreement could'oust'courts of law and equity of jurisdiction. merchants, however, retained provisions to settle disputes among themselves, but tension between the arbitration proceedings and courts eventually resulted in the common law procedure act 1854 ( 17 & 18 vict. c. 125 ) which provided for the appointment of arbitrators and umpires, allowed courts to'stay proceedings'when a disputant filed a suit despite an agreement to arbitrate, and provided a process for arbitrators to submit questions to a court. later, the arbitration act 1889 ( 52 & 53 vict. c. 49 ) was passed, followed by other arbitration acts in 1950, 1975, 1979 and the arbitration act 1996 ( c. 23 ). the arbitration act 1979 ( c. 42 ) in particular limited judicial review for arbitration awards. = = = united states = = = arbitration was common in the early united states, with george washington serving as an arbiter on an occasion. the united states had a notable difference from england, however, in that unlike england, its courts generally did not enforce executory agreements ( binding predispute agreements ) to arbitrate. this meant that prior to an award, a claimant could sue in court even if they had contractually agreed to settle disputes by arbitration. after the award, courts reviewed the judgment, but
). in price waterhouse, the plaintiff, ann hopkins, sued her employer when her proposal for partnership was dismissed and claimed it was because of her being a woman. the supreme court noted that hopkins ’ failure to meet gender norms was taken into account by price waterhouse when making their employment decision. the court stated in their decision that title vii is violated when sex - based considerations and / or gender is used to make decisions regarding employment. by using statutory interpretation in the majority opinion, the court in price waterhouse expanded the interpretation of title vii to “ establish liability if a plaintiff proved sex was a “ motivating ” or “ substantial ” factor in a decision based on a mix of legitimate and illegitimate factors ”. in oncale v. sundowner offshore services, inc., joseph oncale, an employee on an oil platform crew for sundowner offshore services claimed he was sexually harassed by other employees and received no support from management. oncale proceeded to file a complaint against his employer claiming his rights under title vii were violated by the sexual harassment that had taken place at work. the court ruled unanimously that all discrimination based on sex was in violation of title vii of the civil rights act regardless of the victim ’ s gender. the statutory interpretation by the court allowed for a precedent to be set for deciding the outcome in same - sex harassment cases. by establishing this precedent, the court made a statement for same - sex harassment cases that sets up the outcomes of numerous other cases centered on the question of lgbtq protections under title vii. in bostock v. clayton county, gerald bostock, an employee of clayton county, georgia, expressed interest in participating in a gay recreational softball league in 2013. shortly after, he was ridiculed by colleagues for his choices, including those related to his sexual orientation. after being abruptly fired for “ conduct unbecoming of its employees, ” bostock filed a claim with the eeoc because he believed his firing was discriminatory. bostock lays out his argument using the plain - text approach of statutory interpretation that the court agrees with and rules in his favor. the argument consisted of analyzing the broad meaning of “ because of sex ” and looking at the dictionary definition of “ homosexual. ” because of this statutory groundwork, bostock argues that discriminating against an employee for their sexual orientation “ requires an employer to intentionally treat individual employees differently because of their sex, ” and thus, is able to convince the court to rule that sexual orientation discrimination violates the protections laid out in title
from a legal point of view, a contract is an institutional arrangement for the way in which resources flow, which defines the various relationships between the parties to a transaction or limits the rights and obligations of the parties. from an economic perspective, contract theory studies how economic actors can and do construct contractual arrangements, generally in the presence of information asymmetry. because of its connections with both agency and incentives, contract theory is often categorized within a field known as law and economics. one prominent application of it is the design of optimal schemes of managerial compensation. in the field of economics, the first formal treatment of this topic was given by kenneth arrow in the 1960s. in 2016, oliver hart and bengt r. holmstrom both received the nobel memorial prize in economic sciences for their work on contract theory, covering many topics from ceo pay to privatizations. holmstrom focused more on the connection between incentives and risk, while hart on the unpredictability of the future that creates holes in contracts. a standard practice in the microeconomics of contract theory is to represent the behaviour of a decision maker under certain numerical utility structures, and then apply an optimization algorithm to identify optimal decisions. such a procedure has been used in the contract theory framework to several typical situations, labeled moral hazard, adverse selection and signalling. the spirit of these models lies in finding theoretical ways to motivate agents to take appropriate actions, even under an insurance contract. the main results achieved through this family of models involve : mathematical properties of the utility structure of the principal and the agent, relaxation of assumptions, and variations of the time structure of the contract relationship, among others. it is customary to model people as maximizers of some von neumann – morgenstern utility functions, as stated by expected utility theory. = = development and origin = = contract theory in economics began with 1991 nobel laureate ronald h. coase's 1937 article " the nature of the firm ". coase notes that " the longer the duration of a contract regarding the supply of goods or services due to the difficulty of forecasting, then the less likely and less appropriate it is for the buyer to specify what the other party should do. " that suggests two points, the first is that coase already understands transactional behaviour in terms of contracts, and the second is that coase implies that if contracts are less complete then firms are more likely to substitute for markets. the contract theory has since evolved in two directions. one is the complete contract theory and the other is the incomplete contract theory. = = = complete
in operations research, drama theory is one of several problem structuring methods. it is based on game theory and adapts the use of games to complex organisational situations, accounting for emotional responses that can provoke irrational reactions and lead the players to redefine the game. in a drama, emotions trigger rationalizations that create changes in the game, and so change follows change until either all conflicts are resolved or action becomes necessary. the game as redefined is then played. drama theory was devised by professor nigel howard in the early 1990s and, since then, has been turned to defense, political, health, industrial relations and commercial applications. drama theory is an extension of howard's metagame analysis work developed at the university of pennsylvania in the late 1960s, and presented formally in his book paradoxes of rationality, published by mit press. metagame analysis was originally used to advise on the strategic arms limitation talks ( salt ). = = basics of drama theory = = a drama unfolds through episodes in which characters interact. the episode is a period of preplay communication between characters who, after communicating, act as players in a game that is constructed through the dialogue between them. the action that follows the episode is the playing out of this game ; it sets up the next episode. most drama - theoretic terminology is derived from a theatrical model applied to real life interactions ; thus, an episode goes through phases of scene - setting, build - up, climax and decision. this is followed by denouement, which is the action that sets up the next episode. the term drama theory and the use of theatrical terminology is justified by the fact that the theory applies to stage plays and fictional plots as well as to politics, war, business, personal and community relations, psychology, history and other kinds of human interaction. it was applied to help with the structuring of the prisoner's dilemma, a west end play by david edgar about the problems of peace - keeping. in the build - up phase of an episode, the characters exchange ideas and opinions in some form or another and try to advocate their preferred position – the game outcome that they are hoping to see realised. the position each character takes may be influenced by others'positions. each character also presents a fallback or stated intention. this is the action ( i. e., individual strategy ) a character says it will implement if current positions and stated intentions do not change. taken together, the stated intentions form what is called a threatened future if they contradict some character
Answer:
|
Her performance of the literal terms of the contract was physically impossible.
| 0.3 |
Albert engaged Bertha, an inexperienced actress, to do a small role in a new Broadway play for a period of six months at a salary of $200 a week. Bertha turned down another role in order to accept this engagement. On the third day of the run, Bertha was hospitalized with influenza and Helen was hired to do the part. A week later, Bertha recovered, but Albert refused to accept her services for the remainder of the contract period. Bertha then brought an action against Albert for breach of contract.Which of the following, if true, would adversely affect Bertha's rights in her action against Albert?
0. Albert could not find any substitute except Helen, who demanded a contract for a minimum of six months if she was to perform at all.
1. Helen, by general acclaim, was much better in the role than Bertha had been. 7
2. Albert had offered Bertha a position as Helen's understudy at a salary of $100 a week, which Bertha declined.
3. Albert had offered Bertha a secretarial position at a salary of $300 a week, which Bertha declined
workers on the tv show transparent, and mentioned one " blowup " he had with co - star jessica walter during production of arrested development. walter was asked about the incident during a cast interview with the new york times. she became emotional, stating that " in almost 60 years of working, i've never had anybody yell at me like that on a set and it's hard to deal with, but i'm over it now... [ tambor ] never crossed the line on our show, with any, you know, sexual whatever. verbally, yes, he harassed me, but he did apologize. i have to let it go. " bateman stated that " in the entertainment industry it is incredibly common to have people who are, in quotes,'difficult '... [ acting ] is a weird thing, and it is a breeding ground for atypical behavior and certain people have certain processes. " tony hale said that " we all have bad moments ", while david cross suggested that tambor's outbursts were a " cumulative effect. " the daily beast criticized cross's comment as suggesting that walter had " asked for it. " shawkat came to walter's defense, saying that being difficult " doesn't mean it's acceptable " to treat someone badly. after outlets criticized the men's statements, hale, bateman, and cross issued apologies to walter. netflix cancelled the show's uk press tour. cera, who was not part of the group interview, stated that " obviously i have to give a lot of consideration to whether i take jobs with anyone and think about how it affects people ". = = notes = = = = references = = = = further reading = = kristin m. barton ( ed. ), a state of arrested development : critical essays on the innovative television comedy. foreword by mitchell hurwitz. jefferson, nc : mcfarland publishing, 2015. = = external links = = arrested development on netflix arrested development at imdb
2024, it was announced juliana aiden martinez, who would portray kate silva, was added as a series regular ahead of the season premiere. on may 6, 2025, it was announced martinez and pisano would depart following the conclusion of the twenty - sixth season. nine days later, it was announced giddish would return as a series regular for the twenty - seventh season. = = = = salaries = = = = by season twelve, both mariska hargitay and christopher meloni had become among the highest - paid lead actors on a drama, with each earning nearly $ 400, 000 per episode, a salary that tv guide said was exceeded only by house's hugh laurie. during season sixteen, hargitay was reported to be earning $ 450, 000 per episode, or $ 10, 350, 000 per season. in season seventeen, her salary increased to $ 500, 000 per episode. = = = filming and location = = = many exterior scenes of law & order : special victims unit are filmed on location in new york city, wolf's hometown, throughout all five of new york city's boroughs. fort lee, new jersey served as the filming location for detective elliot stabler's residence in queens, new york. when searching for a place to film the interiors of the show, the producers found that there were no suitable studio spaces available in new york city. as a result, a space was chosen at nbc's central archives building in nearby north bergen, new jersey, 53, 000 square feet ( 4, 900 m2 ) of stage area that had been left unused for some time. the archives building was used for police station and courtroom scenes, with various other locations in hudson county used for other scenes, such as a scene shot at the meadowlands parkway in secaucus in 2010. the production left new jersey for new york in 2010, however, when new jersey governor chris christie suspended the tax credits for film and television production for the fiscal year 2011 to close budget gaps. the show moved into the studio space at chelsea piers that had been occupied by the original law & order series until its cancellation in may 2010. in 2023, filming near the courthouses at foley square coincided with media attention on the trial related to the prosecution of donald trump in new york. during external filming in fort tryon park in 2024, it was reported that a young girl looking for her mother mistook mariska hargitay for a real police officer. = = episodes = = = = release
##imer "... wanted to have it ". the interview resurfaced in 2018 and drew criticism, including from geimer, who stated in an interview, " he was wrong. i bet he knows it... i hope he doesn't make an ass of himself and keep talking that way. " within days of the interview resurfacing, tarantino issued an apology, stating " fifteen years later, i realize how wrong i was... i incorrectly played devil's advocate in the debate for the sake of being provocative. " on october 18, 2017, tarantino gave an interview discussing sexual harassment and assault allegations against producer harvey weinstein. tarantino said his then - girlfriend mira sorvino told him in the mid - 1990s about her experience with weinstein. tarantino confronted weinstein at the time and received an apology. tarantino said : " what i did was marginalize the incidents. i knew enough to do more than i did. " on february 3, 2018, in an interview with the new york times, kill bill actress uma thurman said weinstein had sexually assaulted her, and that she had reported this to tarantino. tarantino said he confronted weinstein, as he had previously when weinstein made advances on his former partner, demanding he apologize. he banned him from contact with thurman for the remainder of the film's production. in a june 2021 interview on the joe rogan experience podcast, tarantino said he regretted not pressing weinstein further, saying he did not know the extent of his misconduct before the 2017 scandal. he remarked on his " sad " view of his past relationship with weinstein, saying he once looked up to him for fostering his career and describing him as " a fucked up father figure ". = = = altercations with industry peers = = = in 1993, tarantino sold his script for natural born killers, which was rewritten, giving him only a story credit. he later disowned the film, which caused enmity and resulted in the publication of a " tell - all " book titled killer instinct by jane hamsher — who, with don murphy, had an original option on the screenplay and produced the film — calling tarantino a " one - trick pony " and becoming " famous for being famous. " tarantino physically assaulted murphy in the ago restaurant in west hollywood, california in october 1997. murphy subsequently filed a $ 5 million lawsuit against tarantino ; the case ended with the judge ordering
equal pay for equal work is the concept of labour rights that individuals in the same workplace be given equal pay. it is most commonly used in the context of sexual discrimination, in relation to the gender pay gap. equal pay relates to the full range of payments and benefits, including basic pay, non - salary payments, bonuses and allowances. some countries have moved faster than others in addressing equal pay. = = early history = = as wage labor became increasingly formalized during the industrial revolution, women were often paid less than their male counterparts for the same labor, whether for the explicit reason that they were women or under another pretext. the principle of equal pay for equal work arose at the same part of first - wave feminism, with early efforts for equal pay being associated with nineteenth - century trade union activism in industrialized countries : for example, a series of strikes by unionized women in the uk in the 1830s. pressure from trade unions has had varied effects, with trade unions sometimes promoting conservatism. carrie ashton johnson was an american suffragist who related equal pay and wages of women in the industrial workforce to the issue of women's suffrage. in 1895, she was quoted by the chicago tribune as having said, " when women are given the ballot, there will be equal pay for equal work. " before woman's suffrage, women who sought equal pay for equal work used a variety of strategies to convince city and state governments that they deserved the same pay as their male counterparts. for example, the women in the new york city interborough association of women teachers won their campaign in 1911 by streamlining their goals and emphasizing women's important role in the schoolroom. following the second world war, trade unions and the legislatures of industrialized countries gradually embraced the principle of equal pay for equal work ; one example of this process is the uk's introduction of the equal pay act 1970 in response both to the treaty of rome and the ford sewing machinists strike of 1968. in recent years european trade unions have generally exerted pressure on states and employers to progress in this direction. = = international human rights law = = in international human rights law, the statement on equal pay is the 1951 equal remuneration convention, convention 100 of the international labour organization, a united nations body. the convention states that each member shall, by means appropriate to the methods in operation for determining rates of remuneration, promote and, in so far as is consistent with such methods, ensure the application to all workers of the principle of
in his writing with " constative " ( i. e. descriptive ) utterances. according to austin's original formulation, a performative is a type of utterance characterized by two distinctive features : it is not truth - evaluable ( i. e. it is neither true nor false ) its uttering performs an action rather than simply describing one examples : " i hereby pronounce you man and wife. " " i accept your apology. " " this meeting is now adjourned. " to be performative, an utterance must conform to various conditions involving what austin calls felicity. these deal with things like appropriate context and the speaker's authority. for instance, when a couple has been arguing and the husband says to his wife that he accepts her apology even though she has offered nothing approaching an apology, his assertion is infelicitous : because she has made neither expression of regret nor request for forgiveness, there exists none to accept, and thus no act of accepting can possibly happen. = = = jakobson's six functions of language = = = roman jakobson, expanding on the work of karl buhler, described six " constitutive factors " of a speech event, each of which represents the privileging of a corresponding function, and only one of which is the referential ( which corresponds to the context of the speech event ). the six constitutive factors and their corresponding functions are diagrammed below. the six constitutive factors of a speech event context message addresser - - - - - - - - - - - - - - - - - - - - - addressee contact code the six functions of language referential poetic emotive - - - - - - - - - - - - - - - - - - - - - - - conative phatic metalingual the referential function corresponds to the factor of context and describes a situation, object or mental state. the descriptive statements of the referential function can consist of both definite descriptions and deictic words, e. g. " the autumn leaves have all fallen now. " the expressive ( alternatively called " emotive " or " affective " ) function relates to the addresser and is best exemplified by interjections and other sound changes that do not alter the denotative meaning of an utterance but do add information about the addresser's ( speaker's ) internal state, e. g. " wow, what a view! " the con
Answer:
|
Albert could not find any substitute except Helen, who demanded a contract for a minimum of six months if she was to perform at all.
| null |
Albert engaged Bertha, an inexperienced actress, to do a small role in a new Broadway play for a period of six months at a salary of $200 a week. Bertha turned down another role in order to accept this engagement. On the third day of the run, Bertha was hospitalized with influenza and Helen was hired to do the part. A week later, Bertha recovered, but Albert refused to accept her services for the remainder of the contract period. Bertha then brought an action against Albert for breach of contract.Which of the following, if true, would adversely affect Bertha's rights in her action against Albert?
0. Albert could not find any substitute except Helen, who demanded a contract for a minimum of six months if she was to perform at all.
1. Helen, by general acclaim, was much better in the role than Bertha had been. 7
2. Albert had offered Bertha a position as Helen's understudy at a salary of $100 a week, which Bertha declined.
3. Albert had offered Bertha a secretarial position at a salary of $300 a week, which Bertha declined
workers on the tv show transparent, and mentioned one " blowup " he had with co - star jessica walter during production of arrested development. walter was asked about the incident during a cast interview with the new york times. she became emotional, stating that " in almost 60 years of working, i've never had anybody yell at me like that on a set and it's hard to deal with, but i'm over it now... [ tambor ] never crossed the line on our show, with any, you know, sexual whatever. verbally, yes, he harassed me, but he did apologize. i have to let it go. " bateman stated that " in the entertainment industry it is incredibly common to have people who are, in quotes,'difficult '... [ acting ] is a weird thing, and it is a breeding ground for atypical behavior and certain people have certain processes. " tony hale said that " we all have bad moments ", while david cross suggested that tambor's outbursts were a " cumulative effect. " the daily beast criticized cross's comment as suggesting that walter had " asked for it. " shawkat came to walter's defense, saying that being difficult " doesn't mean it's acceptable " to treat someone badly. after outlets criticized the men's statements, hale, bateman, and cross issued apologies to walter. netflix cancelled the show's uk press tour. cera, who was not part of the group interview, stated that " obviously i have to give a lot of consideration to whether i take jobs with anyone and think about how it affects people ". = = notes = = = = references = = = = further reading = = kristin m. barton ( ed. ), a state of arrested development : critical essays on the innovative television comedy. foreword by mitchell hurwitz. jefferson, nc : mcfarland publishing, 2015. = = external links = = arrested development on netflix arrested development at imdb
2024, it was announced juliana aiden martinez, who would portray kate silva, was added as a series regular ahead of the season premiere. on may 6, 2025, it was announced martinez and pisano would depart following the conclusion of the twenty - sixth season. nine days later, it was announced giddish would return as a series regular for the twenty - seventh season. = = = = salaries = = = = by season twelve, both mariska hargitay and christopher meloni had become among the highest - paid lead actors on a drama, with each earning nearly $ 400, 000 per episode, a salary that tv guide said was exceeded only by house's hugh laurie. during season sixteen, hargitay was reported to be earning $ 450, 000 per episode, or $ 10, 350, 000 per season. in season seventeen, her salary increased to $ 500, 000 per episode. = = = filming and location = = = many exterior scenes of law & order : special victims unit are filmed on location in new york city, wolf's hometown, throughout all five of new york city's boroughs. fort lee, new jersey served as the filming location for detective elliot stabler's residence in queens, new york. when searching for a place to film the interiors of the show, the producers found that there were no suitable studio spaces available in new york city. as a result, a space was chosen at nbc's central archives building in nearby north bergen, new jersey, 53, 000 square feet ( 4, 900 m2 ) of stage area that had been left unused for some time. the archives building was used for police station and courtroom scenes, with various other locations in hudson county used for other scenes, such as a scene shot at the meadowlands parkway in secaucus in 2010. the production left new jersey for new york in 2010, however, when new jersey governor chris christie suspended the tax credits for film and television production for the fiscal year 2011 to close budget gaps. the show moved into the studio space at chelsea piers that had been occupied by the original law & order series until its cancellation in may 2010. in 2023, filming near the courthouses at foley square coincided with media attention on the trial related to the prosecution of donald trump in new york. during external filming in fort tryon park in 2024, it was reported that a young girl looking for her mother mistook mariska hargitay for a real police officer. = = episodes = = = = release
##imer "... wanted to have it ". the interview resurfaced in 2018 and drew criticism, including from geimer, who stated in an interview, " he was wrong. i bet he knows it... i hope he doesn't make an ass of himself and keep talking that way. " within days of the interview resurfacing, tarantino issued an apology, stating " fifteen years later, i realize how wrong i was... i incorrectly played devil's advocate in the debate for the sake of being provocative. " on october 18, 2017, tarantino gave an interview discussing sexual harassment and assault allegations against producer harvey weinstein. tarantino said his then - girlfriend mira sorvino told him in the mid - 1990s about her experience with weinstein. tarantino confronted weinstein at the time and received an apology. tarantino said : " what i did was marginalize the incidents. i knew enough to do more than i did. " on february 3, 2018, in an interview with the new york times, kill bill actress uma thurman said weinstein had sexually assaulted her, and that she had reported this to tarantino. tarantino said he confronted weinstein, as he had previously when weinstein made advances on his former partner, demanding he apologize. he banned him from contact with thurman for the remainder of the film's production. in a june 2021 interview on the joe rogan experience podcast, tarantino said he regretted not pressing weinstein further, saying he did not know the extent of his misconduct before the 2017 scandal. he remarked on his " sad " view of his past relationship with weinstein, saying he once looked up to him for fostering his career and describing him as " a fucked up father figure ". = = = altercations with industry peers = = = in 1993, tarantino sold his script for natural born killers, which was rewritten, giving him only a story credit. he later disowned the film, which caused enmity and resulted in the publication of a " tell - all " book titled killer instinct by jane hamsher — who, with don murphy, had an original option on the screenplay and produced the film — calling tarantino a " one - trick pony " and becoming " famous for being famous. " tarantino physically assaulted murphy in the ago restaurant in west hollywood, california in october 1997. murphy subsequently filed a $ 5 million lawsuit against tarantino ; the case ended with the judge ordering
equal pay for equal work is the concept of labour rights that individuals in the same workplace be given equal pay. it is most commonly used in the context of sexual discrimination, in relation to the gender pay gap. equal pay relates to the full range of payments and benefits, including basic pay, non - salary payments, bonuses and allowances. some countries have moved faster than others in addressing equal pay. = = early history = = as wage labor became increasingly formalized during the industrial revolution, women were often paid less than their male counterparts for the same labor, whether for the explicit reason that they were women or under another pretext. the principle of equal pay for equal work arose at the same part of first - wave feminism, with early efforts for equal pay being associated with nineteenth - century trade union activism in industrialized countries : for example, a series of strikes by unionized women in the uk in the 1830s. pressure from trade unions has had varied effects, with trade unions sometimes promoting conservatism. carrie ashton johnson was an american suffragist who related equal pay and wages of women in the industrial workforce to the issue of women's suffrage. in 1895, she was quoted by the chicago tribune as having said, " when women are given the ballot, there will be equal pay for equal work. " before woman's suffrage, women who sought equal pay for equal work used a variety of strategies to convince city and state governments that they deserved the same pay as their male counterparts. for example, the women in the new york city interborough association of women teachers won their campaign in 1911 by streamlining their goals and emphasizing women's important role in the schoolroom. following the second world war, trade unions and the legislatures of industrialized countries gradually embraced the principle of equal pay for equal work ; one example of this process is the uk's introduction of the equal pay act 1970 in response both to the treaty of rome and the ford sewing machinists strike of 1968. in recent years european trade unions have generally exerted pressure on states and employers to progress in this direction. = = international human rights law = = in international human rights law, the statement on equal pay is the 1951 equal remuneration convention, convention 100 of the international labour organization, a united nations body. the convention states that each member shall, by means appropriate to the methods in operation for determining rates of remuneration, promote and, in so far as is consistent with such methods, ensure the application to all workers of the principle of
in his writing with " constative " ( i. e. descriptive ) utterances. according to austin's original formulation, a performative is a type of utterance characterized by two distinctive features : it is not truth - evaluable ( i. e. it is neither true nor false ) its uttering performs an action rather than simply describing one examples : " i hereby pronounce you man and wife. " " i accept your apology. " " this meeting is now adjourned. " to be performative, an utterance must conform to various conditions involving what austin calls felicity. these deal with things like appropriate context and the speaker's authority. for instance, when a couple has been arguing and the husband says to his wife that he accepts her apology even though she has offered nothing approaching an apology, his assertion is infelicitous : because she has made neither expression of regret nor request for forgiveness, there exists none to accept, and thus no act of accepting can possibly happen. = = = jakobson's six functions of language = = = roman jakobson, expanding on the work of karl buhler, described six " constitutive factors " of a speech event, each of which represents the privileging of a corresponding function, and only one of which is the referential ( which corresponds to the context of the speech event ). the six constitutive factors and their corresponding functions are diagrammed below. the six constitutive factors of a speech event context message addresser - - - - - - - - - - - - - - - - - - - - - addressee contact code the six functions of language referential poetic emotive - - - - - - - - - - - - - - - - - - - - - - - conative phatic metalingual the referential function corresponds to the factor of context and describes a situation, object or mental state. the descriptive statements of the referential function can consist of both definite descriptions and deictic words, e. g. " the autumn leaves have all fallen now. " the expressive ( alternatively called " emotive " or " affective " ) function relates to the addresser and is best exemplified by interjections and other sound changes that do not alter the denotative meaning of an utterance but do add information about the addresser's ( speaker's ) internal state, e. g. " wow, what a view! " the con
Answer:
|
Helen, by general acclaim, was much better in the role than Bertha had been. 7
| 0.3 |
Lawyers Abel and Baker are the members of the law partnership of Abel and Baker in a small town that has only one other lawyer in it. Abel and Baker do a substantial amount of personal injury work. Client was severely and permanently injured in an automobile collision when struck by an automobile driven by Motorist. Client employed the Abel and Baker firm to represent her in obtaining damages for her injuries. At the time Client employed Abel and Baker, the statute of limitations had six weeks to run on her claim. The complaint was prepared but not filed. Abel and Baker each thought that the other would file the complaint. The statute of limitations ran on Client's claim against Motorist. Client has filed suit against Abel and Baker for negligence. That case is on trial with a jury in a court of general jurisdiction.""In order to establish a breach of standard of care owed to her by Abel and Baker, Client
0. must have a legal expert from the same locality testify that defendants' conduct was a breach.
1. must have a legal expert from the same state testify that defendants' conduct was a breach.
2. can rely on the application of the jurors' common knowledge as to whether there was a breach.
3. can rely on the judge, as an expert in the law, to advise the jury whether there was a breac
, among other things, the reliability and fit of the methods described by the expert. after an extensive examination and discussion of the 3 - step process used by the expert, the court found that the methodology appropriately fit the specific facts of the case, and that a population - based ( epidemiologic ) approach was an appropriate part of the causal methodology. the court denied the defendant's motion to strike the expert's testimony in the order, which was entered on 3 / 31 / 14. the defendant appealed the ruling from the district court, and in july 2016, the tenth circuit u. s. court of appeals affirmed the 3 - step causal methodology as generally accepted and well established for assessing injury causation, under the daubert standard. see etherton v. auto - owners insurance company, no. 14 - 1164 ( 10th cir, 7 / 19 / 16 ) [ 2 ]. = = = = hill viewpoints = = = = plausibility of an investigated association can be assessed in an fe investigation, in part, via application of the hill criteria, named for a 1965 publication by sir austin bradford - hill, in which he described nine " viewpoints " by which an association described in an epidemiologic study could be assessed for causality. hill declined to call his viewpoints " criteria " lest they be considered a checklist for assessing causation. the term " hill criteria " is used widely in the literature, however, and for convenience is used in the present discussion. of the nine criteria, there are seven that have utility for assessing the plausibility of an investigated specific causal relationship, as follows : coherence : a causal conclusion should not contradict present substantive knowledge. it should " make sense " given current knowledge analogy : the results of a previously described causal relationship may be translatable to the circumstances of a current investigation consistency : the repeated observation of the investigated relationship in different circumstances or across a number of studies lends strength to a causal inference specificity : the degree to which the exposure is associated with a particular outcome biological plausibility : the extent to which the observed association can be explained by known scientific principles experiment : in some cases there may be evidence from randomized experiments ( i. e., drug trials ) dose response : the probability, frequency, or severity of the outcome increases with increased amount of exposure subsequent authors have added the feature of challenge / dechallenge / rechallenge for circumstances when the exposure is repeated over time and there
disputed. technology ( such as algorithmic controls ) which connects sharers also allows for the development of policies and standards of service. companies can act as'guardians'of their customer base by monitoring their employee's behavior. for example, uber and lyft can monitor their employees'driving behavior, location, and provide emergency assistance. several studies have shown that in the united states, the sharing economy restructures how legal disputes are resolved and who is considered the victims of potential crime. in the united states's civil law, the dispute is between two individuals, determining which individual ( if any ) is the victim of the other party. u. s. criminal law considers the actions of a criminal who " victimizes " the state or federal law ( s ) by breaking said law ( s ). in criminal law cases, a government court punishes the offender to make the legal victim ( the government ) whole, but any civilian victim does not necessarily receive restitution from the state. in civil law cases, it is the direct victim party, not the state, who receives the compensatory restitution, fees, or fines. while it is possible for both kinds of law to apply to a case, the additional contracts created in sharing economy agreements creates the opportunity for more cases to be classified as civil law disputes. when the sharing economy is directly involved, the victim is the individual rather than the state. this means the civilian victim of a crime is more likely to receive compensation under a civil law case in the sharing economy than in the criminal law precedent. the introduction of civil law cases has the potential to increase victims'ability to be made whole, since the legal change shifts incentives of consumers towards action. = = benefits = = suggested benefits of the sharing economy include : = = = additional flexible job opportunities as gig workers = = = freelance work entails better opportunities for employment, as well as more flexibility for workers, since people have the ability to pick and choose the time and place of their work. as freelance workers, people can plan around their existing schedules and maintain multiple jobs if needed. evidence of the appeal to this type of work can be seen from a 2015 survey conducted by the freelancers union, which showed that around 34 % of the u. s. population was involved in freelance work. freelance work can also be beneficial for small businesses. during their early developmental stages, many small companies can't afford or aren't in need of full - time departments, but rather require specialized work for a certain
considered the scope and breadth of the adea. in it, the court ruled that plaintiffs only need to prove that age was a motivating factor in the decision in order to sue. however, establishing but for causation is still necessary in determining the appropriate remedy. the ruling of babb v. wilkie only applies to federal sector employees. if a plaintiff can establish that the age was the determining factor in the employment outcome, they may be entitled to compensatory damages or other relief relating to the result of the employment decision. = = remedies = = adea remedies include compensatory for employee or damages if reinstatement is not feasible and / or employer's violation is intentional. while punitive damages under the adea are not available, if the violation was intentional, plaintiffs are entitled to liquidated / statutory damages i. e. twice the back pay / front pay award. = = defenses = = statutory defenses to adea claims include / that employers may enforce waivers of age discrimination claims made without eeoc or court approval if the waiver is " knowing or voluntary " ; valid arbitration agreements between employers and employees covering the dispute are subject to compulsory arbitration and no court action can be brought ; employers can discharge or discipline an employee for " good cause, " regardless of the employee's age ; employers can take an action based on " reasonable factors other than age " ; bona fide occupational qualifications, seniority systems, employee benefit or early retirement plans ; and voluntary early retirement incentives. = = see also = = age discrimination in the united states ageism united states labor law = = notes = = = = external links = = eeoc : age discrimination as codified in 29 usc chapter 14 of the united states code from lii age discrimination in employment act of 1967 as amended ( pdf / details ) in the gpo statute compilations collection u. s. department of labor : age discrimination
= = = in february 2024, a multidistrict litigation ( mdl ) was established in the northern district of california against uber technologies, inc., consolidating numerous claims from among the more than 3, 000 sexual assault lawsuits filed against the company in state and federal courts. these lawsuits allege uber prioritized growth over safety by using inadequate background checks, skipping in - person driver vetting, and failing to invest in preventive measures such as cameras or monitoring systems. it also claims uber knowingly put vulnerable passengers, such as intoxicated women, at risk through its marketing and business practices. the litigation seeks injunctive relief, damages and changes to uber's safety policies. some survivors have chosen to pursue justice in state courts outside of the mdl, seeking faster resolutions and a more individualized approach. = = = wage theft claims = = = in 2020, 5, 000 drivers filed wage and hour claims with the california labour commission office against uber and lyft, alleging they were misclassified as independent contractors. rideshare drivers united in california claim that at least 250, 000 individual rideshare drivers in california who drove for the apps between 2016 and 2020 are estimated to be eligible for the settlement for wage theft claims of tens of billions of dollars. = = corporate affairs = = = = = leadership = = = uber's key management as of may 2025 consists of : dara khosrowshahi, chief executive officer prashanth mahendra - rajah, chief financial officer tony west, chief legal officer nikki krishnamurthy, chief people officer andrew macdonald, senior vice president, mobility & business operations gus fuldner, senior vice president, safety & core services pierre - dimitri gore - coty, senior vice president, delivery albert greenberg, vice president, platform engineering sachin kansal, chief product officer praveen neppalli naga, chief technology officer for mobility & delivery jill hazelbaker, senior vice president, marketing and public affairs = = = finances = = = uber has posted hundreds of millions or billions of dollars in losses each year from 2014 until 2022 except for 2018, when it exited from the markets in russia, china, and southeast asia in exchange for stakes in rival businesses. by the end of 2022, uber had us $ 32. 11 billion in assets and $ 24. 03 billion in liabilities. uber posted annual operating profits in 2023, totaling $ 1. 88 billion, after accumulating $ 31. 5
" motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 933. " duty and liability of vehicle driver blinded by glare of lights ". american law reports - - annotated, 2nd series. vol. 22. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 292. " liability for killing or injuring, by motor vehicle, livestock or fowl on highway ". american law reports - - annotated, 4th series. vol. 55. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 822. r. j. h. ( january 1937 ). " the uniform motor vehicle act in virginia ". virginia law review. 23 ( 3 ) : 351 – 358. doi : 10. 2307 / 1067282. jstor 1067282. d. m. postlewaite ( 1935 ). " negligence - - doctrine of assured clear distance ahead - - statute as subjective test ". law journal of the student bar association of the ohio state university. 1 ( 3 ) : 284 – 287. hdl : 1811 / 72043. issn 0048 - 1572. thomas stanton ( july 1935 ). " negligence and contributory negligence per se : the " range of vision " and " blinding lights " rules in automobile accident cases ". california law review. 23 ( 5 ) : 498 – 506. doi : 10. 2307 / 3476106. jstor 3476106. myron l. garon ( autumn 1952 ). " recent developments in california's last clear chance doctrine ". california law review. 40 ( 3 ) : 404 – 411. doi : 10. 2307 / 3477930. jstor 3477930. murray carl lertzman ( 1954 ). " the assured clear distance ahead rule in ohio ". case western reserve law review. 5 ( 1 ) : 77 – 83. herbert a. bernhard ( december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 – 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r
Answer:
|
can rely on the application of the jurors' common knowledge as to whether there was a breach.
| null |
Lawyers Abel and Baker are the members of the law partnership of Abel and Baker in a small town that has only one other lawyer in it. Abel and Baker do a substantial amount of personal injury work. Client was severely and permanently injured in an automobile collision when struck by an automobile driven by Motorist. Client employed the Abel and Baker firm to represent her in obtaining damages for her injuries. At the time Client employed Abel and Baker, the statute of limitations had six weeks to run on her claim. The complaint was prepared but not filed. Abel and Baker each thought that the other would file the complaint. The statute of limitations ran on Client's claim against Motorist. Client has filed suit against Abel and Baker for negligence. That case is on trial with a jury in a court of general jurisdiction.""In order to establish a breach of standard of care owed to her by Abel and Baker, Client
0. must have a legal expert from the same locality testify that defendants' conduct was a breach.
1. must have a legal expert from the same state testify that defendants' conduct was a breach.
2. can rely on the application of the jurors' common knowledge as to whether there was a breach.
3. can rely on the judge, as an expert in the law, to advise the jury whether there was a breac
, among other things, the reliability and fit of the methods described by the expert. after an extensive examination and discussion of the 3 - step process used by the expert, the court found that the methodology appropriately fit the specific facts of the case, and that a population - based ( epidemiologic ) approach was an appropriate part of the causal methodology. the court denied the defendant's motion to strike the expert's testimony in the order, which was entered on 3 / 31 / 14. the defendant appealed the ruling from the district court, and in july 2016, the tenth circuit u. s. court of appeals affirmed the 3 - step causal methodology as generally accepted and well established for assessing injury causation, under the daubert standard. see etherton v. auto - owners insurance company, no. 14 - 1164 ( 10th cir, 7 / 19 / 16 ) [ 2 ]. = = = = hill viewpoints = = = = plausibility of an investigated association can be assessed in an fe investigation, in part, via application of the hill criteria, named for a 1965 publication by sir austin bradford - hill, in which he described nine " viewpoints " by which an association described in an epidemiologic study could be assessed for causality. hill declined to call his viewpoints " criteria " lest they be considered a checklist for assessing causation. the term " hill criteria " is used widely in the literature, however, and for convenience is used in the present discussion. of the nine criteria, there are seven that have utility for assessing the plausibility of an investigated specific causal relationship, as follows : coherence : a causal conclusion should not contradict present substantive knowledge. it should " make sense " given current knowledge analogy : the results of a previously described causal relationship may be translatable to the circumstances of a current investigation consistency : the repeated observation of the investigated relationship in different circumstances or across a number of studies lends strength to a causal inference specificity : the degree to which the exposure is associated with a particular outcome biological plausibility : the extent to which the observed association can be explained by known scientific principles experiment : in some cases there may be evidence from randomized experiments ( i. e., drug trials ) dose response : the probability, frequency, or severity of the outcome increases with increased amount of exposure subsequent authors have added the feature of challenge / dechallenge / rechallenge for circumstances when the exposure is repeated over time and there
disputed. technology ( such as algorithmic controls ) which connects sharers also allows for the development of policies and standards of service. companies can act as'guardians'of their customer base by monitoring their employee's behavior. for example, uber and lyft can monitor their employees'driving behavior, location, and provide emergency assistance. several studies have shown that in the united states, the sharing economy restructures how legal disputes are resolved and who is considered the victims of potential crime. in the united states's civil law, the dispute is between two individuals, determining which individual ( if any ) is the victim of the other party. u. s. criminal law considers the actions of a criminal who " victimizes " the state or federal law ( s ) by breaking said law ( s ). in criminal law cases, a government court punishes the offender to make the legal victim ( the government ) whole, but any civilian victim does not necessarily receive restitution from the state. in civil law cases, it is the direct victim party, not the state, who receives the compensatory restitution, fees, or fines. while it is possible for both kinds of law to apply to a case, the additional contracts created in sharing economy agreements creates the opportunity for more cases to be classified as civil law disputes. when the sharing economy is directly involved, the victim is the individual rather than the state. this means the civilian victim of a crime is more likely to receive compensation under a civil law case in the sharing economy than in the criminal law precedent. the introduction of civil law cases has the potential to increase victims'ability to be made whole, since the legal change shifts incentives of consumers towards action. = = benefits = = suggested benefits of the sharing economy include : = = = additional flexible job opportunities as gig workers = = = freelance work entails better opportunities for employment, as well as more flexibility for workers, since people have the ability to pick and choose the time and place of their work. as freelance workers, people can plan around their existing schedules and maintain multiple jobs if needed. evidence of the appeal to this type of work can be seen from a 2015 survey conducted by the freelancers union, which showed that around 34 % of the u. s. population was involved in freelance work. freelance work can also be beneficial for small businesses. during their early developmental stages, many small companies can't afford or aren't in need of full - time departments, but rather require specialized work for a certain
considered the scope and breadth of the adea. in it, the court ruled that plaintiffs only need to prove that age was a motivating factor in the decision in order to sue. however, establishing but for causation is still necessary in determining the appropriate remedy. the ruling of babb v. wilkie only applies to federal sector employees. if a plaintiff can establish that the age was the determining factor in the employment outcome, they may be entitled to compensatory damages or other relief relating to the result of the employment decision. = = remedies = = adea remedies include compensatory for employee or damages if reinstatement is not feasible and / or employer's violation is intentional. while punitive damages under the adea are not available, if the violation was intentional, plaintiffs are entitled to liquidated / statutory damages i. e. twice the back pay / front pay award. = = defenses = = statutory defenses to adea claims include / that employers may enforce waivers of age discrimination claims made without eeoc or court approval if the waiver is " knowing or voluntary " ; valid arbitration agreements between employers and employees covering the dispute are subject to compulsory arbitration and no court action can be brought ; employers can discharge or discipline an employee for " good cause, " regardless of the employee's age ; employers can take an action based on " reasonable factors other than age " ; bona fide occupational qualifications, seniority systems, employee benefit or early retirement plans ; and voluntary early retirement incentives. = = see also = = age discrimination in the united states ageism united states labor law = = notes = = = = external links = = eeoc : age discrimination as codified in 29 usc chapter 14 of the united states code from lii age discrimination in employment act of 1967 as amended ( pdf / details ) in the gpo statute compilations collection u. s. department of labor : age discrimination
= = = in february 2024, a multidistrict litigation ( mdl ) was established in the northern district of california against uber technologies, inc., consolidating numerous claims from among the more than 3, 000 sexual assault lawsuits filed against the company in state and federal courts. these lawsuits allege uber prioritized growth over safety by using inadequate background checks, skipping in - person driver vetting, and failing to invest in preventive measures such as cameras or monitoring systems. it also claims uber knowingly put vulnerable passengers, such as intoxicated women, at risk through its marketing and business practices. the litigation seeks injunctive relief, damages and changes to uber's safety policies. some survivors have chosen to pursue justice in state courts outside of the mdl, seeking faster resolutions and a more individualized approach. = = = wage theft claims = = = in 2020, 5, 000 drivers filed wage and hour claims with the california labour commission office against uber and lyft, alleging they were misclassified as independent contractors. rideshare drivers united in california claim that at least 250, 000 individual rideshare drivers in california who drove for the apps between 2016 and 2020 are estimated to be eligible for the settlement for wage theft claims of tens of billions of dollars. = = corporate affairs = = = = = leadership = = = uber's key management as of may 2025 consists of : dara khosrowshahi, chief executive officer prashanth mahendra - rajah, chief financial officer tony west, chief legal officer nikki krishnamurthy, chief people officer andrew macdonald, senior vice president, mobility & business operations gus fuldner, senior vice president, safety & core services pierre - dimitri gore - coty, senior vice president, delivery albert greenberg, vice president, platform engineering sachin kansal, chief product officer praveen neppalli naga, chief technology officer for mobility & delivery jill hazelbaker, senior vice president, marketing and public affairs = = = finances = = = uber has posted hundreds of millions or billions of dollars in losses each year from 2014 until 2022 except for 2018, when it exited from the markets in russia, china, and southeast asia in exchange for stakes in rival businesses. by the end of 2022, uber had us $ 32. 11 billion in assets and $ 24. 03 billion in liabilities. uber posted annual operating profits in 2023, totaling $ 1. 88 billion, after accumulating $ 31. 5
" motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 933. " duty and liability of vehicle driver blinded by glare of lights ". american law reports - - annotated, 2nd series. vol. 22. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 292. " liability for killing or injuring, by motor vehicle, livestock or fowl on highway ". american law reports - - annotated, 4th series. vol. 55. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 822. r. j. h. ( january 1937 ). " the uniform motor vehicle act in virginia ". virginia law review. 23 ( 3 ) : 351 – 358. doi : 10. 2307 / 1067282. jstor 1067282. d. m. postlewaite ( 1935 ). " negligence - - doctrine of assured clear distance ahead - - statute as subjective test ". law journal of the student bar association of the ohio state university. 1 ( 3 ) : 284 – 287. hdl : 1811 / 72043. issn 0048 - 1572. thomas stanton ( july 1935 ). " negligence and contributory negligence per se : the " range of vision " and " blinding lights " rules in automobile accident cases ". california law review. 23 ( 5 ) : 498 – 506. doi : 10. 2307 / 3476106. jstor 3476106. myron l. garon ( autumn 1952 ). " recent developments in california's last clear chance doctrine ". california law review. 40 ( 3 ) : 404 – 411. doi : 10. 2307 / 3477930. jstor 3477930. murray carl lertzman ( 1954 ). " the assured clear distance ahead rule in ohio ". case western reserve law review. 5 ( 1 ) : 77 – 83. herbert a. bernhard ( december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 – 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r
Answer:
|
can rely on the judge, as an expert in the law, to advise the jury whether there was a breac
| 0.3 |
Lawyers Abel and Baker are the members of the law partnership of Abel and Baker in a small town that has only one other lawyer in it. Abel and Baker do a substantial amount of personal injury work. Client was severely and permanently injured in an automobile collision when struck by an automobile driven by Motorist. Client employed the Abel and Baker firm to represent her in obtaining damages for her injuries. At the time Client employed Abel and Baker, the statute of limitations had six weeks to run on her claim. The complaint was prepared but not filed. Abel and Baker each thought that the other would file the complaint. The statute of limitations ran on Client's claim against Motorist. Client has filed suit against Abel and Baker for negligence. That case is on trial with a jury in a court of general jurisdiction."In addition to proving that Abel and Baker were negligent, Client must establish, as a minimum, that she
0. would have, but for her lawyers' negligence, recovered from Motorist.
1. had a good faith claim against Motorist that was lost by her lawyers' negligence.
2. was severely and permanently injured when struck by Motorist's automobile.
3. did not negligently contribute to the failure to have the complaint filed.
considered the scope and breadth of the adea. in it, the court ruled that plaintiffs only need to prove that age was a motivating factor in the decision in order to sue. however, establishing but for causation is still necessary in determining the appropriate remedy. the ruling of babb v. wilkie only applies to federal sector employees. if a plaintiff can establish that the age was the determining factor in the employment outcome, they may be entitled to compensatory damages or other relief relating to the result of the employment decision. = = remedies = = adea remedies include compensatory for employee or damages if reinstatement is not feasible and / or employer's violation is intentional. while punitive damages under the adea are not available, if the violation was intentional, plaintiffs are entitled to liquidated / statutory damages i. e. twice the back pay / front pay award. = = defenses = = statutory defenses to adea claims include / that employers may enforce waivers of age discrimination claims made without eeoc or court approval if the waiver is " knowing or voluntary " ; valid arbitration agreements between employers and employees covering the dispute are subject to compulsory arbitration and no court action can be brought ; employers can discharge or discipline an employee for " good cause, " regardless of the employee's age ; employers can take an action based on " reasonable factors other than age " ; bona fide occupational qualifications, seniority systems, employee benefit or early retirement plans ; and voluntary early retirement incentives. = = see also = = age discrimination in the united states ageism united states labor law = = notes = = = = external links = = eeoc : age discrimination as codified in 29 usc chapter 14 of the united states code from lii age discrimination in employment act of 1967 as amended ( pdf / details ) in the gpo statute compilations collection u. s. department of labor : age discrimination
liability to a tenth of what was estimated. = = = = rico cases = = = = a number of lawsuits have been filed under the racketeer influenced and corrupt organizations act ( rico ) in response to what defendants claim to be fraudulent asbestos - related lawsuits. rico suits are civil in nature and brought by private parties. they typically allege that the suits themselves are forms of racketeering or that lawyers and experts had to engage in racketeering activities in order to bring them. for example, in 2012 a lawsuit was filed by csx transportation inc. alleging that lawyers and a doctor who represented plaintiffs in asbestos cases had engaged in acts of civil racketeering in their pursuit of fraudulent claims, resulting in a verdict in favor of csx transportation. the lawsuit was later settled on appeal, leaving in place the civil racketeering verdict in favor of csx transportation. in 2014, attorneys for garlock sealing technologies, llc, filed a lawsuit against four asbestos litigation firms, alleging civil racketeering. in march 2016 garlock, and its parent company enpro, entered into a settlement that involved the dismissal of their racketeering claims and the payment of $ 480 million to settle related asbestos injury claims. in 2016, john crane group filed lawsuits against simon greenstone panatier and shein law center in federal court, alleging that the defendant law firms withheld evidence in violation of the rico act. one of the defendant law firms has filed a motion to dismiss the claims. = = = criminal = = = some companies and their executives have faced criminal prosecution for their actions in exposing workers to the dangers of asbestos, or their improper handling of asbestos waste. = = = = adamo wrecking company = = = = on february 20, 1973 a federal grand jury in detroit, michigan indicted adamo wrecking company ( " adamo " ) for violating provisions of the clean air act by knowingly causing the emission of asbestos by failure to wet and remove friable asbestos materials from demolitions. adamo was one of a number of demolition contractors indicted throughout the country for the alleged violation of the clean air act. the united states district court for the eastern district of michigan dismissed the criminal indictment on the ground that it was not an " emission standard, " but a " work practice standard, " which under the terms of the statute, did not carry criminal liability. the government appealed and the sixth circuit court of appeals reversed the decision of the trial court, stating that it erred in determining that it had jurisdiction to review the validity
= = = in february 2024, a multidistrict litigation ( mdl ) was established in the northern district of california against uber technologies, inc., consolidating numerous claims from among the more than 3, 000 sexual assault lawsuits filed against the company in state and federal courts. these lawsuits allege uber prioritized growth over safety by using inadequate background checks, skipping in - person driver vetting, and failing to invest in preventive measures such as cameras or monitoring systems. it also claims uber knowingly put vulnerable passengers, such as intoxicated women, at risk through its marketing and business practices. the litigation seeks injunctive relief, damages and changes to uber's safety policies. some survivors have chosen to pursue justice in state courts outside of the mdl, seeking faster resolutions and a more individualized approach. = = = wage theft claims = = = in 2020, 5, 000 drivers filed wage and hour claims with the california labour commission office against uber and lyft, alleging they were misclassified as independent contractors. rideshare drivers united in california claim that at least 250, 000 individual rideshare drivers in california who drove for the apps between 2016 and 2020 are estimated to be eligible for the settlement for wage theft claims of tens of billions of dollars. = = corporate affairs = = = = = leadership = = = uber's key management as of may 2025 consists of : dara khosrowshahi, chief executive officer prashanth mahendra - rajah, chief financial officer tony west, chief legal officer nikki krishnamurthy, chief people officer andrew macdonald, senior vice president, mobility & business operations gus fuldner, senior vice president, safety & core services pierre - dimitri gore - coty, senior vice president, delivery albert greenberg, vice president, platform engineering sachin kansal, chief product officer praveen neppalli naga, chief technology officer for mobility & delivery jill hazelbaker, senior vice president, marketing and public affairs = = = finances = = = uber has posted hundreds of millions or billions of dollars in losses each year from 2014 until 2022 except for 2018, when it exited from the markets in russia, china, and southeast asia in exchange for stakes in rival businesses. by the end of 2022, uber had us $ 32. 11 billion in assets and $ 24. 03 billion in liabilities. uber posted annual operating profits in 2023, totaling $ 1. 88 billion, after accumulating $ 31. 5
" motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 933. " duty and liability of vehicle driver blinded by glare of lights ". american law reports - - annotated, 2nd series. vol. 22. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 292. " liability for killing or injuring, by motor vehicle, livestock or fowl on highway ". american law reports - - annotated, 4th series. vol. 55. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 822. r. j. h. ( january 1937 ). " the uniform motor vehicle act in virginia ". virginia law review. 23 ( 3 ) : 351 – 358. doi : 10. 2307 / 1067282. jstor 1067282. d. m. postlewaite ( 1935 ). " negligence - - doctrine of assured clear distance ahead - - statute as subjective test ". law journal of the student bar association of the ohio state university. 1 ( 3 ) : 284 – 287. hdl : 1811 / 72043. issn 0048 - 1572. thomas stanton ( july 1935 ). " negligence and contributory negligence per se : the " range of vision " and " blinding lights " rules in automobile accident cases ". california law review. 23 ( 5 ) : 498 – 506. doi : 10. 2307 / 3476106. jstor 3476106. myron l. garon ( autumn 1952 ). " recent developments in california's last clear chance doctrine ". california law review. 40 ( 3 ) : 404 – 411. doi : 10. 2307 / 3477930. jstor 3477930. murray carl lertzman ( 1954 ). " the assured clear distance ahead rule in ohio ". case western reserve law review. 5 ( 1 ) : 77 – 83. herbert a. bernhard ( december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 – 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r
affected by driver's being blinded by lights other than those of a motor vehicle ". american law reports - - annotated, 3rd series. vol. 64. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 760. wade r. habeeb ( c. 2009 ). " liability or recovery in automobile negligence action as affected by driver's being blinded by lights of motor vehicle ". american law reports - - annotated, 3rd series. vol. 64. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 551. l. s. tellier ( 2011 ). " right and duty of motorist on through, favored, or arterial street or highway to proceed where lateral view at intersection is obstructed by physical obstacle ". american law reports - - annotated, 2nd series. vol. 59. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1202. " " assured clear distance " statute or rule as applied at hill or curve ". american law reports - - annotated. vol. 133. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 967. " application of " assured clear distance ahead " or " radius of lights " doctrine to accident involving pedestrian crossing the street or highway ". american law reports - - annotated, 2nd series. vol. 31. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1424. " driving automobile at speed which prevents stopping within range of vision as negligence ". american law reports - - annotated, 2nd series. vol. 44, 58, 87, 97. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1403 ; 1493 ; 900 ; 546. " driver's failure to maintain proper distance from motor vehicle ahead ". american law reports - - annotated, 2nd series. vol. 85. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 613. " motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west
Answer:
|
would have, but for her lawyers' negligence, recovered from Motorist.
| null |
Lawyers Abel and Baker are the members of the law partnership of Abel and Baker in a small town that has only one other lawyer in it. Abel and Baker do a substantial amount of personal injury work. Client was severely and permanently injured in an automobile collision when struck by an automobile driven by Motorist. Client employed the Abel and Baker firm to represent her in obtaining damages for her injuries. At the time Client employed Abel and Baker, the statute of limitations had six weeks to run on her claim. The complaint was prepared but not filed. Abel and Baker each thought that the other would file the complaint. The statute of limitations ran on Client's claim against Motorist. Client has filed suit against Abel and Baker for negligence. That case is on trial with a jury in a court of general jurisdiction."In addition to proving that Abel and Baker were negligent, Client must establish, as a minimum, that she
0. would have, but for her lawyers' negligence, recovered from Motorist.
1. had a good faith claim against Motorist that was lost by her lawyers' negligence.
2. was severely and permanently injured when struck by Motorist's automobile.
3. did not negligently contribute to the failure to have the complaint filed.
considered the scope and breadth of the adea. in it, the court ruled that plaintiffs only need to prove that age was a motivating factor in the decision in order to sue. however, establishing but for causation is still necessary in determining the appropriate remedy. the ruling of babb v. wilkie only applies to federal sector employees. if a plaintiff can establish that the age was the determining factor in the employment outcome, they may be entitled to compensatory damages or other relief relating to the result of the employment decision. = = remedies = = adea remedies include compensatory for employee or damages if reinstatement is not feasible and / or employer's violation is intentional. while punitive damages under the adea are not available, if the violation was intentional, plaintiffs are entitled to liquidated / statutory damages i. e. twice the back pay / front pay award. = = defenses = = statutory defenses to adea claims include / that employers may enforce waivers of age discrimination claims made without eeoc or court approval if the waiver is " knowing or voluntary " ; valid arbitration agreements between employers and employees covering the dispute are subject to compulsory arbitration and no court action can be brought ; employers can discharge or discipline an employee for " good cause, " regardless of the employee's age ; employers can take an action based on " reasonable factors other than age " ; bona fide occupational qualifications, seniority systems, employee benefit or early retirement plans ; and voluntary early retirement incentives. = = see also = = age discrimination in the united states ageism united states labor law = = notes = = = = external links = = eeoc : age discrimination as codified in 29 usc chapter 14 of the united states code from lii age discrimination in employment act of 1967 as amended ( pdf / details ) in the gpo statute compilations collection u. s. department of labor : age discrimination
liability to a tenth of what was estimated. = = = = rico cases = = = = a number of lawsuits have been filed under the racketeer influenced and corrupt organizations act ( rico ) in response to what defendants claim to be fraudulent asbestos - related lawsuits. rico suits are civil in nature and brought by private parties. they typically allege that the suits themselves are forms of racketeering or that lawyers and experts had to engage in racketeering activities in order to bring them. for example, in 2012 a lawsuit was filed by csx transportation inc. alleging that lawyers and a doctor who represented plaintiffs in asbestos cases had engaged in acts of civil racketeering in their pursuit of fraudulent claims, resulting in a verdict in favor of csx transportation. the lawsuit was later settled on appeal, leaving in place the civil racketeering verdict in favor of csx transportation. in 2014, attorneys for garlock sealing technologies, llc, filed a lawsuit against four asbestos litigation firms, alleging civil racketeering. in march 2016 garlock, and its parent company enpro, entered into a settlement that involved the dismissal of their racketeering claims and the payment of $ 480 million to settle related asbestos injury claims. in 2016, john crane group filed lawsuits against simon greenstone panatier and shein law center in federal court, alleging that the defendant law firms withheld evidence in violation of the rico act. one of the defendant law firms has filed a motion to dismiss the claims. = = = criminal = = = some companies and their executives have faced criminal prosecution for their actions in exposing workers to the dangers of asbestos, or their improper handling of asbestos waste. = = = = adamo wrecking company = = = = on february 20, 1973 a federal grand jury in detroit, michigan indicted adamo wrecking company ( " adamo " ) for violating provisions of the clean air act by knowingly causing the emission of asbestos by failure to wet and remove friable asbestos materials from demolitions. adamo was one of a number of demolition contractors indicted throughout the country for the alleged violation of the clean air act. the united states district court for the eastern district of michigan dismissed the criminal indictment on the ground that it was not an " emission standard, " but a " work practice standard, " which under the terms of the statute, did not carry criminal liability. the government appealed and the sixth circuit court of appeals reversed the decision of the trial court, stating that it erred in determining that it had jurisdiction to review the validity
= = = in february 2024, a multidistrict litigation ( mdl ) was established in the northern district of california against uber technologies, inc., consolidating numerous claims from among the more than 3, 000 sexual assault lawsuits filed against the company in state and federal courts. these lawsuits allege uber prioritized growth over safety by using inadequate background checks, skipping in - person driver vetting, and failing to invest in preventive measures such as cameras or monitoring systems. it also claims uber knowingly put vulnerable passengers, such as intoxicated women, at risk through its marketing and business practices. the litigation seeks injunctive relief, damages and changes to uber's safety policies. some survivors have chosen to pursue justice in state courts outside of the mdl, seeking faster resolutions and a more individualized approach. = = = wage theft claims = = = in 2020, 5, 000 drivers filed wage and hour claims with the california labour commission office against uber and lyft, alleging they were misclassified as independent contractors. rideshare drivers united in california claim that at least 250, 000 individual rideshare drivers in california who drove for the apps between 2016 and 2020 are estimated to be eligible for the settlement for wage theft claims of tens of billions of dollars. = = corporate affairs = = = = = leadership = = = uber's key management as of may 2025 consists of : dara khosrowshahi, chief executive officer prashanth mahendra - rajah, chief financial officer tony west, chief legal officer nikki krishnamurthy, chief people officer andrew macdonald, senior vice president, mobility & business operations gus fuldner, senior vice president, safety & core services pierre - dimitri gore - coty, senior vice president, delivery albert greenberg, vice president, platform engineering sachin kansal, chief product officer praveen neppalli naga, chief technology officer for mobility & delivery jill hazelbaker, senior vice president, marketing and public affairs = = = finances = = = uber has posted hundreds of millions or billions of dollars in losses each year from 2014 until 2022 except for 2018, when it exited from the markets in russia, china, and southeast asia in exchange for stakes in rival businesses. by the end of 2022, uber had us $ 32. 11 billion in assets and $ 24. 03 billion in liabilities. uber posted annual operating profits in 2023, totaling $ 1. 88 billion, after accumulating $ 31. 5
" motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 933. " duty and liability of vehicle driver blinded by glare of lights ". american law reports - - annotated, 2nd series. vol. 22. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 292. " liability for killing or injuring, by motor vehicle, livestock or fowl on highway ". american law reports - - annotated, 4th series. vol. 55. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 822. r. j. h. ( january 1937 ). " the uniform motor vehicle act in virginia ". virginia law review. 23 ( 3 ) : 351 – 358. doi : 10. 2307 / 1067282. jstor 1067282. d. m. postlewaite ( 1935 ). " negligence - - doctrine of assured clear distance ahead - - statute as subjective test ". law journal of the student bar association of the ohio state university. 1 ( 3 ) : 284 – 287. hdl : 1811 / 72043. issn 0048 - 1572. thomas stanton ( july 1935 ). " negligence and contributory negligence per se : the " range of vision " and " blinding lights " rules in automobile accident cases ". california law review. 23 ( 5 ) : 498 – 506. doi : 10. 2307 / 3476106. jstor 3476106. myron l. garon ( autumn 1952 ). " recent developments in california's last clear chance doctrine ". california law review. 40 ( 3 ) : 404 – 411. doi : 10. 2307 / 3477930. jstor 3477930. murray carl lertzman ( 1954 ). " the assured clear distance ahead rule in ohio ". case western reserve law review. 5 ( 1 ) : 77 – 83. herbert a. bernhard ( december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 – 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r
affected by driver's being blinded by lights other than those of a motor vehicle ". american law reports - - annotated, 3rd series. vol. 64. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 760. wade r. habeeb ( c. 2009 ). " liability or recovery in automobile negligence action as affected by driver's being blinded by lights of motor vehicle ". american law reports - - annotated, 3rd series. vol. 64. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 551. l. s. tellier ( 2011 ). " right and duty of motorist on through, favored, or arterial street or highway to proceed where lateral view at intersection is obstructed by physical obstacle ". american law reports - - annotated, 2nd series. vol. 59. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1202. " " assured clear distance " statute or rule as applied at hill or curve ". american law reports - - annotated. vol. 133. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 967. " application of " assured clear distance ahead " or " radius of lights " doctrine to accident involving pedestrian crossing the street or highway ". american law reports - - annotated, 2nd series. vol. 31. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1424. " driving automobile at speed which prevents stopping within range of vision as negligence ". american law reports - - annotated, 2nd series. vol. 44, 58, 87, 97. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1403 ; 1493 ; 900 ; 546. " driver's failure to maintain proper distance from motor vehicle ahead ". american law reports - - annotated, 2nd series. vol. 85. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 613. " motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west
Answer:
|
was severely and permanently injured when struck by Motorist's automobile.
| 0.3 |
A state statute divides murder into degrees. First-degree murder is defined as murder with premeditation and deliberation or a homicide in the commission of arson, rape, robbery, burglary, or kidnapping. Second-degree murder is all other murder at common law. In which of the following situations is Defendant most likely to be guilty of first-degree murder?
0. Immediately after being insulted by Robert, Defendant takes a knife and stabs and kills Robert.
1. Angered over having been struck by Sam, Defendant buys rat poison and puts it into Sam's coffee. Sam drinks the coffee and dies as a result.
2. Intending to injure Fred, Defendant lies in wait and, as Fred comes by, strikes him with a broom handle. As a result of the blow, Fred dies.
3. Defendant, highly intoxicated, discovers a revolver on a table. He picks it up, points it at Alice, and pulls the trigger. The gun discharges, and Alice is killed.
a perfect crime is a crime that is undetected, unattributed to an identifiable perpetrator, or otherwise unsolved or unsolvable. the term is used colloquially in law and fiction ( especially crime fiction ) for both crimes committed as crimes foremost, and those committed as a kind of technical achievement on the part of the perpetrator. the term perfect crime connotes one that is ( or appears likely to be ) unable to be solved, which distinguishes it from one that has merely not yet been solved, or where everyday chance or procedural matters frustrate a conviction. in certain contexts, such as a poisoning, some argue the bar must be raised to where the mere detection of a crime having been committed renders it imperfect. = = overview = = as used by some criminologists and others who study criminal investigations ( including mystery writers ), a perfect crime goes unsolved not because of incompetence in the investigation, but because of the cleverness and skill of the criminal. would - be perfect crimes are a popular subject in crime fiction and movies. they include perfect crime ( play ), rope, double indemnity, special 26, strangers on a train, the postman always rings twice, witness for the prosecution, and dial m for murder. = = varying definitions = = a murder committed by somebody who had never before met the victim, has no criminal record, steals nothing, and tells no one might be a perfect crime. according to criminologists and scientists, this casual definition of perfect crime exists. another possibility is that a crime might be committed in an area of high public traffic, where dna from a wide variety of people is present, making the sifting of evidence akin to'finding a needle in a haystack '. an intentional killing in which the death is never identified as murder is an example of one of the more rigorous definitions of perfect crime. other criminologists narrow the range to only those crimes that are not detected at all. by definition, it can never be known if such perfect crimes exist. many " close calls " have been observed, however — enough to make investigators aware of the possibility of a perfect crime. = = = unprosecutable crime = = = in 2005, professor brian c. kalt of michigan state university college of law put forth an argument that the vicinage clause of the united states constitution – requiring jury selection from the population of the state and court district where the crime is committed – may
, 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
##riminalpolitik = = l = = labeling ( criminology ) – laceration – larceny – larceny - theft – law enforcement assistance administration ( leaa ) – law enforcement in the united kingdom – law enforcement in the united states – left realism – legal immunity – libel – life course theories – liquor laws – locard's exchange principle – cesare lombroso – looting – luminol = = m = = jesus malverde – manslaughter – manslaughter in english law – mass murder – mass surveillance – m'naghten rules – mdma – meadow's law – media influence theory – medroxyprogesterone acetate treatment – mens rea – methylenedioxymethamphetamine – misdemeanor – modus operandi – monozygotic twins – moral enterprise – moral entrepreneur – motive – moral panic – munchausen's syndrome by proxy – murder – murder in english law = = n = = narcotic – narcotic abuse theory – narcotrafico – national crime victimization survey – needle exchange – negligent homicide – neoclassical criminology – nibrs – nurturant strategy = = o = = occupational crime – offender profiling – ojjdp – operant behavior – operation spanner – opportunity structure – organised crime – organized crime – ostracism = = p = = panopticon – paraffin test – participatory justice – peacemaking criminology – penal couple – penile plethysmography – penitentiary – penology – perfect crime – perjury – pharmaceutical diversion – phenobarbital – phenomenological criminology – pimping – piracy – plea bargain – plea of temporary insanity – police – police corruption – police misconduct – police riot – police state – police surgeon – polygraph – portland seven – positivism – positivist school of criminology – post - crime victimization – post - mortem examination – postmortem lividity – postal fraud – postmodern criminology – powercontrol theory – alma preinkert – primary deviance – primary research – prison – prison cell – prisons in the united states – prohibition – prosecutor's fallacy – prostitution – protection / avoidance strategy – psychiatric criminology – psychiatric theories of criminology – psychoactive substance – psychoanalytic criminology – psychological profiling – psychological theories – psychopath – public
burglary and robbery. this method of analysis has also expanded upon the original theoretical distinction by identifying sub - themes of aggressive action which can be used to further discriminate amongst offenders ( santilla, hakkanen, canter & elfgren, 2003 ). these behavioural themes have also been linked to background characteristics and post - offence behaviour, demonstrating their usefulness to the investigation of serial murder cases. the development and application of these techniques to serial offenders is likely to facilitate an increase in the validity of offender profiling of serial murderers. = = see also = = forensic psychology offender profiling fbi method of profiling = = references = =
##s. = = = example 4 : biological testing of a suspect = = = a crime is committed. forensic analysis determines that the perpetrator has a certain blood type shared by 10 % of the population. a suspect is arrested, and found to have that same blood type. a prosecutor might charge the suspect with the crime on that basis alone, and claim at trial that the probability that the defendant is guilty is 90 %. however, this conclusion is only close to correct if the defendant was selected as the main suspect based on robust evidence discovered prior to the blood test and unrelated to it. otherwise, the reasoning presented is flawed, as it overlooks the high prior probability ( that is, prior to the blood test ) that he is a random innocent person. assume, for instance, that 1000 people live in the town where the crime occurred. this means that 100 people live there who have the perpetrator's blood type, of whom only one is the true perpetrator ; therefore, the true probability that the defendant is guilty – based only on the fact that his blood type matches that of the killer – is only 1 %, far less than the 90 % argued by the prosecutor. the prosecutor's fallacy involves assuming that the prior probability of a random match is equal to the probability that the defendant is innocent. when using it, a prosecutor questioning an expert witness may ask : " the odds of finding this evidence on an innocent man are so small that the jury can safely disregard the possibility that this defendant is innocent, correct? " the claim assumes that the probability that evidence is found on an innocent man is the same as the probability that a man is innocent given that evidence was found on him, which is not true. whilst the former is usually small ( 10 % in the previous example ) due to good forensic evidence procedures, the latter ( 99 % in that example ) does not directly relate to it and will often be much higher, since, in fact, it depends on the likely quite high prior odds of the defendant being a random innocent person. = = examples in law = = = = = o. j. simpson trial = = = o. j. simpson was tried and acquitted in 1995 for the murders of his ex - wife nicole brown simpson and her friend ronald goldman. crime scene blood matched simpson's with characteristics shared by 1 in 400 people. however, the defense argued that the number of people from los angeles matching the sample could fill a football stadium and that the figure of 1 in 400 was useless. it
Answer:
|
Angered over having been struck by Sam, Defendant buys rat poison and puts it into Sam's coffee. Sam drinks the coffee and dies as a result.
| null |
A state statute divides murder into degrees. First-degree murder is defined as murder with premeditation and deliberation or a homicide in the commission of arson, rape, robbery, burglary, or kidnapping. Second-degree murder is all other murder at common law. In which of the following situations is Defendant most likely to be guilty of first-degree murder?
0. Immediately after being insulted by Robert, Defendant takes a knife and stabs and kills Robert.
1. Angered over having been struck by Sam, Defendant buys rat poison and puts it into Sam's coffee. Sam drinks the coffee and dies as a result.
2. Intending to injure Fred, Defendant lies in wait and, as Fred comes by, strikes him with a broom handle. As a result of the blow, Fred dies.
3. Defendant, highly intoxicated, discovers a revolver on a table. He picks it up, points it at Alice, and pulls the trigger. The gun discharges, and Alice is killed.
a perfect crime is a crime that is undetected, unattributed to an identifiable perpetrator, or otherwise unsolved or unsolvable. the term is used colloquially in law and fiction ( especially crime fiction ) for both crimes committed as crimes foremost, and those committed as a kind of technical achievement on the part of the perpetrator. the term perfect crime connotes one that is ( or appears likely to be ) unable to be solved, which distinguishes it from one that has merely not yet been solved, or where everyday chance or procedural matters frustrate a conviction. in certain contexts, such as a poisoning, some argue the bar must be raised to where the mere detection of a crime having been committed renders it imperfect. = = overview = = as used by some criminologists and others who study criminal investigations ( including mystery writers ), a perfect crime goes unsolved not because of incompetence in the investigation, but because of the cleverness and skill of the criminal. would - be perfect crimes are a popular subject in crime fiction and movies. they include perfect crime ( play ), rope, double indemnity, special 26, strangers on a train, the postman always rings twice, witness for the prosecution, and dial m for murder. = = varying definitions = = a murder committed by somebody who had never before met the victim, has no criminal record, steals nothing, and tells no one might be a perfect crime. according to criminologists and scientists, this casual definition of perfect crime exists. another possibility is that a crime might be committed in an area of high public traffic, where dna from a wide variety of people is present, making the sifting of evidence akin to'finding a needle in a haystack '. an intentional killing in which the death is never identified as murder is an example of one of the more rigorous definitions of perfect crime. other criminologists narrow the range to only those crimes that are not detected at all. by definition, it can never be known if such perfect crimes exist. many " close calls " have been observed, however — enough to make investigators aware of the possibility of a perfect crime. = = = unprosecutable crime = = = in 2005, professor brian c. kalt of michigan state university college of law put forth an argument that the vicinage clause of the united states constitution – requiring jury selection from the population of the state and court district where the crime is committed – may
, 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
##riminalpolitik = = l = = labeling ( criminology ) – laceration – larceny – larceny - theft – law enforcement assistance administration ( leaa ) – law enforcement in the united kingdom – law enforcement in the united states – left realism – legal immunity – libel – life course theories – liquor laws – locard's exchange principle – cesare lombroso – looting – luminol = = m = = jesus malverde – manslaughter – manslaughter in english law – mass murder – mass surveillance – m'naghten rules – mdma – meadow's law – media influence theory – medroxyprogesterone acetate treatment – mens rea – methylenedioxymethamphetamine – misdemeanor – modus operandi – monozygotic twins – moral enterprise – moral entrepreneur – motive – moral panic – munchausen's syndrome by proxy – murder – murder in english law = = n = = narcotic – narcotic abuse theory – narcotrafico – national crime victimization survey – needle exchange – negligent homicide – neoclassical criminology – nibrs – nurturant strategy = = o = = occupational crime – offender profiling – ojjdp – operant behavior – operation spanner – opportunity structure – organised crime – organized crime – ostracism = = p = = panopticon – paraffin test – participatory justice – peacemaking criminology – penal couple – penile plethysmography – penitentiary – penology – perfect crime – perjury – pharmaceutical diversion – phenobarbital – phenomenological criminology – pimping – piracy – plea bargain – plea of temporary insanity – police – police corruption – police misconduct – police riot – police state – police surgeon – polygraph – portland seven – positivism – positivist school of criminology – post - crime victimization – post - mortem examination – postmortem lividity – postal fraud – postmodern criminology – powercontrol theory – alma preinkert – primary deviance – primary research – prison – prison cell – prisons in the united states – prohibition – prosecutor's fallacy – prostitution – protection / avoidance strategy – psychiatric criminology – psychiatric theories of criminology – psychoactive substance – psychoanalytic criminology – psychological profiling – psychological theories – psychopath – public
burglary and robbery. this method of analysis has also expanded upon the original theoretical distinction by identifying sub - themes of aggressive action which can be used to further discriminate amongst offenders ( santilla, hakkanen, canter & elfgren, 2003 ). these behavioural themes have also been linked to background characteristics and post - offence behaviour, demonstrating their usefulness to the investigation of serial murder cases. the development and application of these techniques to serial offenders is likely to facilitate an increase in the validity of offender profiling of serial murderers. = = see also = = forensic psychology offender profiling fbi method of profiling = = references = =
##s. = = = example 4 : biological testing of a suspect = = = a crime is committed. forensic analysis determines that the perpetrator has a certain blood type shared by 10 % of the population. a suspect is arrested, and found to have that same blood type. a prosecutor might charge the suspect with the crime on that basis alone, and claim at trial that the probability that the defendant is guilty is 90 %. however, this conclusion is only close to correct if the defendant was selected as the main suspect based on robust evidence discovered prior to the blood test and unrelated to it. otherwise, the reasoning presented is flawed, as it overlooks the high prior probability ( that is, prior to the blood test ) that he is a random innocent person. assume, for instance, that 1000 people live in the town where the crime occurred. this means that 100 people live there who have the perpetrator's blood type, of whom only one is the true perpetrator ; therefore, the true probability that the defendant is guilty – based only on the fact that his blood type matches that of the killer – is only 1 %, far less than the 90 % argued by the prosecutor. the prosecutor's fallacy involves assuming that the prior probability of a random match is equal to the probability that the defendant is innocent. when using it, a prosecutor questioning an expert witness may ask : " the odds of finding this evidence on an innocent man are so small that the jury can safely disregard the possibility that this defendant is innocent, correct? " the claim assumes that the probability that evidence is found on an innocent man is the same as the probability that a man is innocent given that evidence was found on him, which is not true. whilst the former is usually small ( 10 % in the previous example ) due to good forensic evidence procedures, the latter ( 99 % in that example ) does not directly relate to it and will often be much higher, since, in fact, it depends on the likely quite high prior odds of the defendant being a random innocent person. = = examples in law = = = = = o. j. simpson trial = = = o. j. simpson was tried and acquitted in 1995 for the murders of his ex - wife nicole brown simpson and her friend ronald goldman. crime scene blood matched simpson's with characteristics shared by 1 in 400 people. however, the defense argued that the number of people from los angeles matching the sample could fill a football stadium and that the figure of 1 in 400 was useless. it
Answer:
|
Intending to injure Fred, Defendant lies in wait and, as Fred comes by, strikes him with a broom handle. As a result of the blow, Fred dies.
| 0.3 |
On a camping trip in a state park, Rose discovered, near a rubbish heap, metal signs reading, "Natural Wildlife Area No Hunting." She took two of the signs and used them to decorate her room at home. She is charged with violation of a state statute which provides, "Any person who appropriates to his own use property owned by the state shall be guilty of a crime and shall be punished by a fine of not more than $1,000, or by imprisonment for not more than five years, or by both such fine and imprisonment." At trial, Rose admits taking the signs but says she believed they had been thrown away. In fact, the signs had not been abandoned. Rose should be found
0. guilty, because this is a public welfare offense.
1. guilty, because she should have inquired whether the signs had been abandoned.
2. not guilty if the jury finds that she honestly believed the signs had been abandoned.
3. not guilty unless the jury finds that the state had taken adequate steps to inform 8 the public that the signs had not been abandoned
2005, professor brian c. kalt of michigan state university college of law put forth an argument that the vicinage clause of the united states constitution – requiring jury selection from the population of the state and court district where the crime is committed – may permit the commission of the " perfect crime " on the technical grounds that a jury trial could not be carried out. since there are no residents in the portion of yellowstone national park that lies within the state of idaho, and since the entire park has been placed within the jurisdiction of the united states district court for the district of wyoming, there are no residents available to form a jury for crimes committed in this specific " venn diagram " location. similar rationale contributed to the dissolution of bullfrog county, nevada, in 1989 ; because the county was unpopulated, and was not assigned to a judicial district, criminal trials could not legally be held there under nevada state law. = = real - life examples = = in march 2009, a $ 6. 8 million jewel theft in germany was described as being close to a perfect crime, in that despite having dna evidence ( but no other evidence ), the police were unable to bring the case to court since the dna belonged to one of a pair of identical twins, and faced with denials by both, it could not be proven which of the two was the criminal. other examples of one, or possibly both, identical twins avoiding punishment include juries unable to reach a verdict in a 2004 boston rape trial, a 2005 houston rape trial and a 2009 malaysia drug - smuggling trial. the infamous 1987 opera house heist in india by a group of men impersonating cbi officers was described as a perfect crime. = = see also = = locked - room mystery leopold and loeb population zero, a 2016 feature film with the vicinage clause as the central plot device category : unsolved murders = = references = = = = further reading = = timmermans, stefan ( 2007 ). postmortem : how medical examiners explain suspicious deaths. university of chicago press. isbn 978 - 0 - 226 - 80398 - 2. oclc 1024141852. jekel, pamela ( 1982 ). the perfect crime and how to commit it. paladin press. isbn 0 - 87364 - 237 - 6. oclc 7944812. gardner, ross m ( 2005 ). practical crime scene processing and investigation. crc press. isbn 0 - 8493 - 2043 - 7. oclc 730
red light, and the need to identify the actual violator has led to the creation of a unique investigatory tool, the fake " ticket. " groups opposing the use of red light cameras have argued that where the cameras are not set up to identify the vehicle driver, owner liability issues are raised. it is perceived by some that the owner of the vehicle is unfairly penalized by being considered liable for red - light violations although they may not have been the driver at the time of the offense. in most jurisdictions the liability for red light violations is a civil offense, rather than a criminal citation, issued upon the vehicle owner — similar to a parking ticket. the issue of owner liability has been addressed in the us courts, with a ruling in the district of columbia court of appeals in 2007, which agreed with a lower court when it found that the presumption of liability of the owners of vehicles issued citations does not violate due process rights. this ruling was supported by a 2009 7th us circuit court of appeals ruling in which it was held that issuing citations to vehicle owners ( or lessees ) is constitutional. the court stated that it also encourages drivers to be cautious in lending their vehicles to others. the argument that red light cameras violate the privacy of citizens, has also been addressed in the us courts. according to a 2009 ruling by the 7th us circuit court of appeals, " no one has a fundamental right to run a red light or avoid being seen by a camera on a public street. " in addition, cameras only take photographs or video when a vehicle has run a red light and, in most states, the camera does not photograph the driver or the occupants of the vehicle. it is also argued that such cameras violate the sixth amendment's confrontation clause and the right to be assumed innocent until proven guilty. in most areas, red light enforcement cameras are installed and maintained by private firms. lawsuits have been raised challenging private companies'rights to hand out citations, such as a december 2008 lawsuit challenging the city of dallas'red light camera program, which was dismissed in march 2009. in most cases, citations are issued by law enforcement officers using the evidence provided by the companies. there have been many instances where cities in the us have been found to have too - short yellow - light intervals at some intersections where red light cameras have been installed. in tennessee, 176 drivers were refunded for fines paid after it was discovered that the length of the yellow was too short for that location, and motorists were caught running the light in the first second of the
by the us national highway traffic safety administration ( nhtsa ) and were published in a case study. the methodology behind the program demonstrates the use of deterrence theory in preventing crime. = = = lowell, massachusetts = = = in 2005, harvard university and suffolk university researchers worked with local police to identify 34 " crime hot spots " in lowell, massachusetts. in half of the spots, authorities cleared trash, fixed streetlights, enforced building codes, discouraged loiterers, made more misdemeanor arrests, and expanded mental health services and aid for the homeless. in the other half of the identified locations, there was no change to routine police service. the areas that received additional attention experienced a 20 % reduction in calls to the police. the study concluded that cleaning up the physical environment was more effective than misdemeanor arrests. = = = netherlands = = = in 2007 and 2008, kees keizer and colleagues from the university of groningen conducted a series of controlled experiments to determine if the effect of existing visible disorder ( such as litter or graffiti ) increased other crime such as theft, littering, or other antisocial behavior. they selected several urban locations, which they arranged in two different ways, at different times. in each experiment, there was a " disorder " condition in which violations of social norms as prescribed by signage or national custom, such as graffiti and littering, were clearly visible as well as a control condition where no violations of norms had taken place. the researchers then secretly monitored the locations to observe if people behaved differently when the environment was " disordered ". their observations supported the theory. the conclusion was published in the journal science : " one example of disorder, like graffiti or littering, can indeed encourage another, like stealing. " = = = mexico city = = = an 18 - month study by carlos vilalta in mexico city showed that framework of broken windows theory on homicide in suburban neighborhoods was not a direct correlation, but a " concentrated disadvantage " in the perception of fear and modes of crime prevention. in areas with more social disorder ( such as public intoxication ), an increased perception of law - abiding citizens to feel unsafe amplified the impact of homicide occurring in the neighborhood. it was also found that it was more effective in preventing instances of violent crime among people living in areas with less physical structural decay ( such as graffiti ), lending credence to the broken windows theory basis that law enforcement is trusted more among those in areas with less disorder. furthering this data, a 2023 study
s $ 6 million ( £2. 5m ). mp david heath requested a debate in the house of commons following the offering of 209 plots in the village of dean, saying that " while land banking may not be illegal it is undoubtedly a scam ". the uk land registry issued a press release on january 15, 2009 advising consumers that the land registry has published a guide warning against land banking investment schemes. land registry head of corporate legal services mike westcott rudd said that the public were being " misled about the prospects of obtaining planning permission ", with well - known banks and developers being falsely cited as partners in the project, and that in some cases forged land registry paperwork was being presented to suggest that planning approval existed where it did not. as a result of the significant controversy and media coverage land banking received, many directors and officials of companies involved were prosecuted and handed custodial sentences by the courts. = = = united states = = = = = = = government = = = = in 2011 new york state passed a land bank statute authorizing the establishment of nonprofits in each county to take title to vacant abandoned homes so they can be rehabilitated, sold or demolished in an orderly fashion. many counties upstate including erie county, onondaga county, schenectady county and albany county have abandoned homes as people moved to the suburbs. some properties have been abandoned due to back taxes and the city has taken title. the recent robo - signing settlement gave attorney general eric schneiderman the wherewithal to fund land banks in schenectady and albany. the state of michigan also has a land bank program. ohio passed land bank legislation in 2009. = = = = commercial = = = = land banking as an investment is nothing new to america. several self - made billionaires started by purchasing large tracts in california where the development opportunities had not yet arisen. people such as bob hope and donald trump have reaped tremendous rewards from buying large areas and holding the property until the market commanded a considerable return when sold. there have, however, also been many land scams in the us, such as the large areas of florida swampland which were sold as being suitable for real estate. florida land scams have history as far back as the 1920s florida land rush. many florida counties have traces of these land scams today. polk county, florida, in particular has been devastated with land banking scams. polk county, being the land that lies between the city of tampa, in hillsborough county florida and the city of
. one child and one parent were brought into a room with a puppet, in which a " do not touch " sign was displayed beside it. the parents ( as instructed by the experimenters before entering the room and unbeknownst to the child ) were told to pick up the puppet and exclaim " i have broken the puppet! " and point to the " do not touch " sign. the parents were instructed to have the children lie for them by not letting the experimenters know that they had touched the puppet. after the child agreed not to tell on the parent, they were then asked a series of questions by the experimenter. there were three types of conditions for the question task : a parent absent condition, in which the parents left the room while the experimenter asked the questions. a parent present condition, in which the parents were in the room with their backs away from the child and the experimenter. a child absent condition, in which the child was not in the room when the parent broke the puppet, however the experimenter would return the child to the room and leave. the parent would then admit to the child what they had done and prompt the child to lie to the experimenter upon his return. the children were asked two individual sets of questions. the first set focused primarily on the actual situation. they were asked if they had broken the puppet, if their parents had broken it, or if someone else came into the room and broke the puppet. a second experimenter asked a different set of questions that was more hypothetically based than the first set. their questions were designed to simulate a court competence examination. the children were told a story and asked questions about it to determine their capacity to comprehend moral values. they were also given a hypothetical situation in which the child was told by their parents not to climb a tree. hypothetically the child climbed the tree anyway and was asked if they would lie to their parents. all of the children were told the definition of a " promise " and then asked to promise to tell the truth for the next set of questioning. the children were then asked the same questions they heard in the first set about the broken puppet. the children and parents were debriefed after the questions were finished. = = = = apparatus and methods for experiment two = = = = the second experiment had 64 children between the ages of 3 and 11 ( along with the children's parents ) participate. the design of the second experiment was similar to the first but had noticeable modifications to the child absent condition. the
Answer:
|
not guilty if the jury finds that she honestly believed the signs had been abandoned.
| null |
On a camping trip in a state park, Rose discovered, near a rubbish heap, metal signs reading, "Natural Wildlife Area No Hunting." She took two of the signs and used them to decorate her room at home. She is charged with violation of a state statute which provides, "Any person who appropriates to his own use property owned by the state shall be guilty of a crime and shall be punished by a fine of not more than $1,000, or by imprisonment for not more than five years, or by both such fine and imprisonment." At trial, Rose admits taking the signs but says she believed they had been thrown away. In fact, the signs had not been abandoned. Rose should be found
0. guilty, because this is a public welfare offense.
1. guilty, because she should have inquired whether the signs had been abandoned.
2. not guilty if the jury finds that she honestly believed the signs had been abandoned.
3. not guilty unless the jury finds that the state had taken adequate steps to inform 8 the public that the signs had not been abandoned
2005, professor brian c. kalt of michigan state university college of law put forth an argument that the vicinage clause of the united states constitution – requiring jury selection from the population of the state and court district where the crime is committed – may permit the commission of the " perfect crime " on the technical grounds that a jury trial could not be carried out. since there are no residents in the portion of yellowstone national park that lies within the state of idaho, and since the entire park has been placed within the jurisdiction of the united states district court for the district of wyoming, there are no residents available to form a jury for crimes committed in this specific " venn diagram " location. similar rationale contributed to the dissolution of bullfrog county, nevada, in 1989 ; because the county was unpopulated, and was not assigned to a judicial district, criminal trials could not legally be held there under nevada state law. = = real - life examples = = in march 2009, a $ 6. 8 million jewel theft in germany was described as being close to a perfect crime, in that despite having dna evidence ( but no other evidence ), the police were unable to bring the case to court since the dna belonged to one of a pair of identical twins, and faced with denials by both, it could not be proven which of the two was the criminal. other examples of one, or possibly both, identical twins avoiding punishment include juries unable to reach a verdict in a 2004 boston rape trial, a 2005 houston rape trial and a 2009 malaysia drug - smuggling trial. the infamous 1987 opera house heist in india by a group of men impersonating cbi officers was described as a perfect crime. = = see also = = locked - room mystery leopold and loeb population zero, a 2016 feature film with the vicinage clause as the central plot device category : unsolved murders = = references = = = = further reading = = timmermans, stefan ( 2007 ). postmortem : how medical examiners explain suspicious deaths. university of chicago press. isbn 978 - 0 - 226 - 80398 - 2. oclc 1024141852. jekel, pamela ( 1982 ). the perfect crime and how to commit it. paladin press. isbn 0 - 87364 - 237 - 6. oclc 7944812. gardner, ross m ( 2005 ). practical crime scene processing and investigation. crc press. isbn 0 - 8493 - 2043 - 7. oclc 730
red light, and the need to identify the actual violator has led to the creation of a unique investigatory tool, the fake " ticket. " groups opposing the use of red light cameras have argued that where the cameras are not set up to identify the vehicle driver, owner liability issues are raised. it is perceived by some that the owner of the vehicle is unfairly penalized by being considered liable for red - light violations although they may not have been the driver at the time of the offense. in most jurisdictions the liability for red light violations is a civil offense, rather than a criminal citation, issued upon the vehicle owner — similar to a parking ticket. the issue of owner liability has been addressed in the us courts, with a ruling in the district of columbia court of appeals in 2007, which agreed with a lower court when it found that the presumption of liability of the owners of vehicles issued citations does not violate due process rights. this ruling was supported by a 2009 7th us circuit court of appeals ruling in which it was held that issuing citations to vehicle owners ( or lessees ) is constitutional. the court stated that it also encourages drivers to be cautious in lending their vehicles to others. the argument that red light cameras violate the privacy of citizens, has also been addressed in the us courts. according to a 2009 ruling by the 7th us circuit court of appeals, " no one has a fundamental right to run a red light or avoid being seen by a camera on a public street. " in addition, cameras only take photographs or video when a vehicle has run a red light and, in most states, the camera does not photograph the driver or the occupants of the vehicle. it is also argued that such cameras violate the sixth amendment's confrontation clause and the right to be assumed innocent until proven guilty. in most areas, red light enforcement cameras are installed and maintained by private firms. lawsuits have been raised challenging private companies'rights to hand out citations, such as a december 2008 lawsuit challenging the city of dallas'red light camera program, which was dismissed in march 2009. in most cases, citations are issued by law enforcement officers using the evidence provided by the companies. there have been many instances where cities in the us have been found to have too - short yellow - light intervals at some intersections where red light cameras have been installed. in tennessee, 176 drivers were refunded for fines paid after it was discovered that the length of the yellow was too short for that location, and motorists were caught running the light in the first second of the
by the us national highway traffic safety administration ( nhtsa ) and were published in a case study. the methodology behind the program demonstrates the use of deterrence theory in preventing crime. = = = lowell, massachusetts = = = in 2005, harvard university and suffolk university researchers worked with local police to identify 34 " crime hot spots " in lowell, massachusetts. in half of the spots, authorities cleared trash, fixed streetlights, enforced building codes, discouraged loiterers, made more misdemeanor arrests, and expanded mental health services and aid for the homeless. in the other half of the identified locations, there was no change to routine police service. the areas that received additional attention experienced a 20 % reduction in calls to the police. the study concluded that cleaning up the physical environment was more effective than misdemeanor arrests. = = = netherlands = = = in 2007 and 2008, kees keizer and colleagues from the university of groningen conducted a series of controlled experiments to determine if the effect of existing visible disorder ( such as litter or graffiti ) increased other crime such as theft, littering, or other antisocial behavior. they selected several urban locations, which they arranged in two different ways, at different times. in each experiment, there was a " disorder " condition in which violations of social norms as prescribed by signage or national custom, such as graffiti and littering, were clearly visible as well as a control condition where no violations of norms had taken place. the researchers then secretly monitored the locations to observe if people behaved differently when the environment was " disordered ". their observations supported the theory. the conclusion was published in the journal science : " one example of disorder, like graffiti or littering, can indeed encourage another, like stealing. " = = = mexico city = = = an 18 - month study by carlos vilalta in mexico city showed that framework of broken windows theory on homicide in suburban neighborhoods was not a direct correlation, but a " concentrated disadvantage " in the perception of fear and modes of crime prevention. in areas with more social disorder ( such as public intoxication ), an increased perception of law - abiding citizens to feel unsafe amplified the impact of homicide occurring in the neighborhood. it was also found that it was more effective in preventing instances of violent crime among people living in areas with less physical structural decay ( such as graffiti ), lending credence to the broken windows theory basis that law enforcement is trusted more among those in areas with less disorder. furthering this data, a 2023 study
s $ 6 million ( £2. 5m ). mp david heath requested a debate in the house of commons following the offering of 209 plots in the village of dean, saying that " while land banking may not be illegal it is undoubtedly a scam ". the uk land registry issued a press release on january 15, 2009 advising consumers that the land registry has published a guide warning against land banking investment schemes. land registry head of corporate legal services mike westcott rudd said that the public were being " misled about the prospects of obtaining planning permission ", with well - known banks and developers being falsely cited as partners in the project, and that in some cases forged land registry paperwork was being presented to suggest that planning approval existed where it did not. as a result of the significant controversy and media coverage land banking received, many directors and officials of companies involved were prosecuted and handed custodial sentences by the courts. = = = united states = = = = = = = government = = = = in 2011 new york state passed a land bank statute authorizing the establishment of nonprofits in each county to take title to vacant abandoned homes so they can be rehabilitated, sold or demolished in an orderly fashion. many counties upstate including erie county, onondaga county, schenectady county and albany county have abandoned homes as people moved to the suburbs. some properties have been abandoned due to back taxes and the city has taken title. the recent robo - signing settlement gave attorney general eric schneiderman the wherewithal to fund land banks in schenectady and albany. the state of michigan also has a land bank program. ohio passed land bank legislation in 2009. = = = = commercial = = = = land banking as an investment is nothing new to america. several self - made billionaires started by purchasing large tracts in california where the development opportunities had not yet arisen. people such as bob hope and donald trump have reaped tremendous rewards from buying large areas and holding the property until the market commanded a considerable return when sold. there have, however, also been many land scams in the us, such as the large areas of florida swampland which were sold as being suitable for real estate. florida land scams have history as far back as the 1920s florida land rush. many florida counties have traces of these land scams today. polk county, florida, in particular has been devastated with land banking scams. polk county, being the land that lies between the city of tampa, in hillsborough county florida and the city of
. one child and one parent were brought into a room with a puppet, in which a " do not touch " sign was displayed beside it. the parents ( as instructed by the experimenters before entering the room and unbeknownst to the child ) were told to pick up the puppet and exclaim " i have broken the puppet! " and point to the " do not touch " sign. the parents were instructed to have the children lie for them by not letting the experimenters know that they had touched the puppet. after the child agreed not to tell on the parent, they were then asked a series of questions by the experimenter. there were three types of conditions for the question task : a parent absent condition, in which the parents left the room while the experimenter asked the questions. a parent present condition, in which the parents were in the room with their backs away from the child and the experimenter. a child absent condition, in which the child was not in the room when the parent broke the puppet, however the experimenter would return the child to the room and leave. the parent would then admit to the child what they had done and prompt the child to lie to the experimenter upon his return. the children were asked two individual sets of questions. the first set focused primarily on the actual situation. they were asked if they had broken the puppet, if their parents had broken it, or if someone else came into the room and broke the puppet. a second experimenter asked a different set of questions that was more hypothetically based than the first set. their questions were designed to simulate a court competence examination. the children were told a story and asked questions about it to determine their capacity to comprehend moral values. they were also given a hypothetical situation in which the child was told by their parents not to climb a tree. hypothetically the child climbed the tree anyway and was asked if they would lie to their parents. all of the children were told the definition of a " promise " and then asked to promise to tell the truth for the next set of questioning. the children were then asked the same questions they heard in the first set about the broken puppet. the children and parents were debriefed after the questions were finished. = = = = apparatus and methods for experiment two = = = = the second experiment had 64 children between the ages of 3 and 11 ( along with the children's parents ) participate. the design of the second experiment was similar to the first but had noticeable modifications to the child absent condition. the
Answer:
|
not guilty unless the jury finds that the state had taken adequate steps to inform 8 the public that the signs had not been abandoned
| 0.3 |
Ted frequently visited Janet, his next-door neighbor. Janet was separated from her husband, Howard. Howard resided with his mother but jointly owned the house in which Janet resided. Late one night, Ted and Janet were sitting on the bed in Janet's bedroom drinking when Howard burst through the door and told Ted, "Get out." When Ted refused, Howard challenged him to go outside and "fight it out." Ted again refused. Howard then pulled a knife from his pocket and lunged at Ted. Ted grabbed a lamp, struck Howard on the head, and killed him. Ted is charged with murder. On a charge of murder, Ted should be found
0. not guilty, because Ted had as much right as Howard to be in the house.
1. not guilty, because Howard attacked Ted with a deadly weapon.
2. guilty, because Ted's presence in Janet's bedroom prompted Howard's attack.
3. guilty, because Ted's failure to obey Howard's order to leave the house made him a trespasser
somehow able to play an invisible harmonica. peterson was later upgraded so that he could move both arms. on numerous occasions, ferguson taunted peterson's requests, questions, and comments with his various mobility problems, with peterson usually exclaiming " how dare you? " in response. as he is considered " dead " resulting in his status as a skeleton, peterson's cause of death varies from a skydiving accident, a bar fight with wilford brimley, being massively overweight, choking on a bird's foot, and a methamphetamine overdose. he is extremely rich, acquiring his fortune from a successful chain of laundromats, and owns houses all over the world. peterson has a mock feud with frequent guest kristen bell, who claims that she had wanted to be ferguson's sidekick and was upset when peterson was selected. peterson typically gives her a lukewarm, sometimes nasty greeting, and she feels very uncomfortable around him and often antagonizes and insults him during her interviews with ferguson. as of august 2011, peterson and bell had supposedly reconciled while in paris shooting le late late show avec craig ferguson a paris, although they continued to occasionally insult and dismiss one another. = = voice = = peterson's voice was originally performed by ferguson in a loud, monotone, english accent ; but this was soon changed. starting on april 20, 2010, josh robert thompson voiced geoff peterson using prerecorded clips of a vaguely george takei – sounding voice. from april 14, 2011, on, thompson began to occasionally voice and perform peterson live in - studio, and on may 16, 2011, in a possible backdoor audition, thompson performed peterson in an actual guest spot. from june 29, 2011, onward, thompson voiced and performed peterson in - person for virtually every episode, including those filmed in france and scotland. in april 2012, shortly after the news that ferguson would continue his show until at least 2014, ferguson told one interviewer that as far as he was concerned, thompson " has a home " portraying peterson for " as long as he wants to do it ". thompson described peterson's voice as " one part snagglepuss, one part vincent price, two parts george takei ". thompson says his live segments are " 100 % unscripted and improvised ". since thompson began voicing geoff peterson live, he has incorporated several of his own impressions into the character's repertoire. he also performed his morgan freeman impression for freeman himself on june 10
, after which the police investigated his role in packman's disappearance. causley was eventually convicted of the murder in 1996 that conviction was quashed on appeal in 2003, but after a retrial in 2004, he was again convicted of the murder.. in 1988, helen mccourt, a 22 - year - old insurance clerk from lancashire disappeared. ian simms, a local pub landlord, was subsequently charged with and convicted of her murder. this case was also one of the first in the uk to use dna fingerprinting. in july 1989, kansas serial killer richard grissom was arrested after being connected to the disappearances of three young women the month prior. blood and hair samples found in grissom's car and garage led to prosecutors indicting him with three counts of murder. he was found guilty in 1990 and sentenced to life imprisonment. american courts have also been allowed to press murder charges even if a body has not been recovered. in 1990, a connecticut jury convicted newtown airline pilot richard crafts of killing his danish wife, helle, in the 1986 " woodchipper murder ", so called for the machine he had rented to dispose of her body in nearby lakes and streams. he was sentenced to 50 years in prison. the state police's forensic unit, led by henry lee, was able to match the dna of some of the fragments that were discovered to helle crafts and the wood chipper her husband had used. it was the first bodyless murder trial in the state's history. = = = 1990s = = = in april 1994, heidi allen, 18, of new haven, new york, was abducted from the convenience store where she worked. her body has never been found. brothers gary and richard thibodeau were charged with kidnapping and murder. they were tried separately. gary was found guilty and sentenced to 25 years to life, while richard was acquitted. in 1996, thomas capano was convicted of the murder of anne marie fahey, his former lover. investigators did not have a murder weapon or body, nor any evidence that capano had purchased a gun. he was convicted of first - degree murder in part due to the evidence given by his brother, gerry, who had admitted to helping capano dump fahey's body in the atlantic ocean. sante kimes and her son kenneth were convicted of the murder of irene silverman, whose body was never found. they were also both suspects in another murder in the bahamas where the body was never located
bayes'rule, makes such a derivation more transparent. initially, the car is equally likely to be behind any of the three doors : the odds on door 1, door 2, and door 3 are. this remains the case after the player has chosen door 1, by independence. according to bayes'rule, the posterior odds on the location of the car, given that the host opens door 3, are equal to the prior odds multiplied by the bayes factor or likelihood, which is, by definition, the probability of the new piece of information ( host opens door 3 ) under each of the hypotheses considered ( location of the car ). now, since the player initially chose door 1, the chance that the host opens door 3 is 50 % if the car is behind door 1, 100 % if the car is behind door 2, 0 % if the car is behind door 3. thus the bayes factor consists of the ratios 1 / or equivalently, while the prior odds were. thus, the posterior odds become equal to the bayes factor. given that the host opened door 3, the probability that the car is behind door 3 is zero, and it is twice as likely to be behind door 2 than door 1. richard gill analyzes the likelihood for the host to open door 3 as follows. given that the car is not behind door 1, it is equally likely that it is behind door 2 or 3. therefore, the chance that the host opens door 3 is 50 %. given that the car is behind door 1, the chance that the host opens door 3 is also 50 %, because, when the host has a choice, either choice is equally likely. therefore, whether or not the car is behind door 1, the chance that the host opens door 3 is 50 %. the information " host opens door 3 " contributes a bayes factor or likelihood ratio of, on whether or not the car is behind door 1. initially, the odds against door 1 hiding the car were. therefore, the posterior odds against door 1 hiding the car remain the same as the prior odds,. in words, the information which door is opened by the host ( door 2 or door 3? ) reveals no information at all about whether or not the car is behind door 1, and this is precisely what is alleged to be intuitively obvious by supporters of simple solutions, or using the idioms of mathematical proofs, " obviously true, by symmetry ". = = = solutions by simulation
the fingerprints that he had left behind on the notes. seito sakakibara, the perpetrator of the kobe child murders used the symbol of the zodiac killer as his signature. he was nicknamed the " japanese zodiac killer ". serial killer edward edwards infamously killed couples in lover's lanes as allusions to the zodiac, author john cameron even suggesting edwards himself was the zodiac. september 11 attacks : on january 5, 2002, four months after 9 / 11, a 15 - year - old boy named charles bishop, heavily inspired by the 9 / 11 attacks committed the 2002 tampa cessna 172 crash, in which he stole and drove a small cessna plane and purposely crashed it into the side of the bank of america tower in tampa, florida, a suicide note written by bishop was found in which he showed support for osama bin laden, the crash itself injured no one and only damaged one of the rooms in the building, the only casualty being bishop. hinman murder : contemporary interviews and trial witness testimony insisted that the tate – labianca murders were copycat crimes of the murder of gary hinman intended to exonerate charles manson's friend bobby beausoleil. the dnepropetrovsk maniacs : on 5 april 2011, two russian youths, artyom anoufriev and nikita lytkin, known as the academy maniacs were arrested in connection with six murders and attacks on residents in akademgorodok in irkutsk. the attacks, which involved a mallet and knife, began in december 2010. both were arrested after a video recording showing a female body being mutilated with a knife was found on a camera belonging to lytkin's uncle, who had become suspicious. according to media reports, the youths were influenced by reading about the dnepropetrovsk maniacs on the internet. a psychiatric examination found them sane, and they told doctors they chose weak people as their victims. on 2 april 2013, anoufriev was sentenced to life imprisonment and lytkin to 24 years in prison. jack the ripper : in 2008, derek brown, 48, was found guilty of killing two young women in a similar way as the ripper. he had targeted the two women, one a prostitute and the other a street vendor, because he believed that the two would not have been noticed missing. the two bodies were never found, but it is said that he may have dismembered the women in his bathtub and later disposed
, 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
Answer:
|
not guilty, because Howard attacked Ted with a deadly weapon.
| null |
Ted frequently visited Janet, his next-door neighbor. Janet was separated from her husband, Howard. Howard resided with his mother but jointly owned the house in which Janet resided. Late one night, Ted and Janet were sitting on the bed in Janet's bedroom drinking when Howard burst through the door and told Ted, "Get out." When Ted refused, Howard challenged him to go outside and "fight it out." Ted again refused. Howard then pulled a knife from his pocket and lunged at Ted. Ted grabbed a lamp, struck Howard on the head, and killed him. Ted is charged with murder. On a charge of murder, Ted should be found
0. not guilty, because Ted had as much right as Howard to be in the house.
1. not guilty, because Howard attacked Ted with a deadly weapon.
2. guilty, because Ted's presence in Janet's bedroom prompted Howard's attack.
3. guilty, because Ted's failure to obey Howard's order to leave the house made him a trespasser
somehow able to play an invisible harmonica. peterson was later upgraded so that he could move both arms. on numerous occasions, ferguson taunted peterson's requests, questions, and comments with his various mobility problems, with peterson usually exclaiming " how dare you? " in response. as he is considered " dead " resulting in his status as a skeleton, peterson's cause of death varies from a skydiving accident, a bar fight with wilford brimley, being massively overweight, choking on a bird's foot, and a methamphetamine overdose. he is extremely rich, acquiring his fortune from a successful chain of laundromats, and owns houses all over the world. peterson has a mock feud with frequent guest kristen bell, who claims that she had wanted to be ferguson's sidekick and was upset when peterson was selected. peterson typically gives her a lukewarm, sometimes nasty greeting, and she feels very uncomfortable around him and often antagonizes and insults him during her interviews with ferguson. as of august 2011, peterson and bell had supposedly reconciled while in paris shooting le late late show avec craig ferguson a paris, although they continued to occasionally insult and dismiss one another. = = voice = = peterson's voice was originally performed by ferguson in a loud, monotone, english accent ; but this was soon changed. starting on april 20, 2010, josh robert thompson voiced geoff peterson using prerecorded clips of a vaguely george takei – sounding voice. from april 14, 2011, on, thompson began to occasionally voice and perform peterson live in - studio, and on may 16, 2011, in a possible backdoor audition, thompson performed peterson in an actual guest spot. from june 29, 2011, onward, thompson voiced and performed peterson in - person for virtually every episode, including those filmed in france and scotland. in april 2012, shortly after the news that ferguson would continue his show until at least 2014, ferguson told one interviewer that as far as he was concerned, thompson " has a home " portraying peterson for " as long as he wants to do it ". thompson described peterson's voice as " one part snagglepuss, one part vincent price, two parts george takei ". thompson says his live segments are " 100 % unscripted and improvised ". since thompson began voicing geoff peterson live, he has incorporated several of his own impressions into the character's repertoire. he also performed his morgan freeman impression for freeman himself on june 10
, after which the police investigated his role in packman's disappearance. causley was eventually convicted of the murder in 1996 that conviction was quashed on appeal in 2003, but after a retrial in 2004, he was again convicted of the murder.. in 1988, helen mccourt, a 22 - year - old insurance clerk from lancashire disappeared. ian simms, a local pub landlord, was subsequently charged with and convicted of her murder. this case was also one of the first in the uk to use dna fingerprinting. in july 1989, kansas serial killer richard grissom was arrested after being connected to the disappearances of three young women the month prior. blood and hair samples found in grissom's car and garage led to prosecutors indicting him with three counts of murder. he was found guilty in 1990 and sentenced to life imprisonment. american courts have also been allowed to press murder charges even if a body has not been recovered. in 1990, a connecticut jury convicted newtown airline pilot richard crafts of killing his danish wife, helle, in the 1986 " woodchipper murder ", so called for the machine he had rented to dispose of her body in nearby lakes and streams. he was sentenced to 50 years in prison. the state police's forensic unit, led by henry lee, was able to match the dna of some of the fragments that were discovered to helle crafts and the wood chipper her husband had used. it was the first bodyless murder trial in the state's history. = = = 1990s = = = in april 1994, heidi allen, 18, of new haven, new york, was abducted from the convenience store where she worked. her body has never been found. brothers gary and richard thibodeau were charged with kidnapping and murder. they were tried separately. gary was found guilty and sentenced to 25 years to life, while richard was acquitted. in 1996, thomas capano was convicted of the murder of anne marie fahey, his former lover. investigators did not have a murder weapon or body, nor any evidence that capano had purchased a gun. he was convicted of first - degree murder in part due to the evidence given by his brother, gerry, who had admitted to helping capano dump fahey's body in the atlantic ocean. sante kimes and her son kenneth were convicted of the murder of irene silverman, whose body was never found. they were also both suspects in another murder in the bahamas where the body was never located
bayes'rule, makes such a derivation more transparent. initially, the car is equally likely to be behind any of the three doors : the odds on door 1, door 2, and door 3 are. this remains the case after the player has chosen door 1, by independence. according to bayes'rule, the posterior odds on the location of the car, given that the host opens door 3, are equal to the prior odds multiplied by the bayes factor or likelihood, which is, by definition, the probability of the new piece of information ( host opens door 3 ) under each of the hypotheses considered ( location of the car ). now, since the player initially chose door 1, the chance that the host opens door 3 is 50 % if the car is behind door 1, 100 % if the car is behind door 2, 0 % if the car is behind door 3. thus the bayes factor consists of the ratios 1 / or equivalently, while the prior odds were. thus, the posterior odds become equal to the bayes factor. given that the host opened door 3, the probability that the car is behind door 3 is zero, and it is twice as likely to be behind door 2 than door 1. richard gill analyzes the likelihood for the host to open door 3 as follows. given that the car is not behind door 1, it is equally likely that it is behind door 2 or 3. therefore, the chance that the host opens door 3 is 50 %. given that the car is behind door 1, the chance that the host opens door 3 is also 50 %, because, when the host has a choice, either choice is equally likely. therefore, whether or not the car is behind door 1, the chance that the host opens door 3 is 50 %. the information " host opens door 3 " contributes a bayes factor or likelihood ratio of, on whether or not the car is behind door 1. initially, the odds against door 1 hiding the car were. therefore, the posterior odds against door 1 hiding the car remain the same as the prior odds,. in words, the information which door is opened by the host ( door 2 or door 3? ) reveals no information at all about whether or not the car is behind door 1, and this is precisely what is alleged to be intuitively obvious by supporters of simple solutions, or using the idioms of mathematical proofs, " obviously true, by symmetry ". = = = solutions by simulation
the fingerprints that he had left behind on the notes. seito sakakibara, the perpetrator of the kobe child murders used the symbol of the zodiac killer as his signature. he was nicknamed the " japanese zodiac killer ". serial killer edward edwards infamously killed couples in lover's lanes as allusions to the zodiac, author john cameron even suggesting edwards himself was the zodiac. september 11 attacks : on january 5, 2002, four months after 9 / 11, a 15 - year - old boy named charles bishop, heavily inspired by the 9 / 11 attacks committed the 2002 tampa cessna 172 crash, in which he stole and drove a small cessna plane and purposely crashed it into the side of the bank of america tower in tampa, florida, a suicide note written by bishop was found in which he showed support for osama bin laden, the crash itself injured no one and only damaged one of the rooms in the building, the only casualty being bishop. hinman murder : contemporary interviews and trial witness testimony insisted that the tate – labianca murders were copycat crimes of the murder of gary hinman intended to exonerate charles manson's friend bobby beausoleil. the dnepropetrovsk maniacs : on 5 april 2011, two russian youths, artyom anoufriev and nikita lytkin, known as the academy maniacs were arrested in connection with six murders and attacks on residents in akademgorodok in irkutsk. the attacks, which involved a mallet and knife, began in december 2010. both were arrested after a video recording showing a female body being mutilated with a knife was found on a camera belonging to lytkin's uncle, who had become suspicious. according to media reports, the youths were influenced by reading about the dnepropetrovsk maniacs on the internet. a psychiatric examination found them sane, and they told doctors they chose weak people as their victims. on 2 april 2013, anoufriev was sentenced to life imprisonment and lytkin to 24 years in prison. jack the ripper : in 2008, derek brown, 48, was found guilty of killing two young women in a similar way as the ripper. he had targeted the two women, one a prostitute and the other a street vendor, because he believed that the two would not have been noticed missing. the two bodies were never found, but it is said that he may have dismembered the women in his bathtub and later disposed
, 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
Answer:
|
guilty, because Ted's presence in Janet's bedroom prompted Howard's attack.
| 0.3 |
In 1970, Oscar, owner of a 100-acre tract, prepared and duly recorded a subdivision plan called Happy Acres. The plan showed 90 one-acre lots and a tenacre tract in the center that was designated "Future Public School." Oscar published and distributed a brochure promoting Happy Acres which emphasized the proximity of the lots to the school property and indicated potential tax savings "because the school district will not have to expend tax money to acquire this property." There is no specific statute concerning the dedication of school sites. Oscar sold 50 of the lots to individual purchasers. Each deed referred to the recorded plan and also contained the following clause: "No mobile home shall be erected on any lot within Happy Acres." Sarah was one of the original purchasers from Oscar. In 1976, Oscar sold the remaining 40 lots and the 10-acre tract to Max by a deed which referred to the plan and contained the restriction relating to mobile homes. Max sold the 40 lots to individual purchasers and the 10-acre tract to Pete. None of the deeds from Max referred to the plan or contained any reference to mobile homes."Assume for this question only that Pete has announced his intention of erecting a fast-food restaurant on the 10-acre tract and that Sarah has filed an action to enjoin Pete. If Sarah wins, it will be because
0. Sarah has an equitable servitude concerning the use of the tract.
1. Sarah, as a taxpayer, has legal interest in the use of the tract.
2. Sarah is a creditor beneficiary of Oscar's promise with respect to the tract.
3. Pete is not a bona fide purchaser
= sales methods = = = = a company representative may contact an individual by telephone, in temporary shopping center booths, or at property shows and offer a strategic land investment in the uk. very often uk government or industry statistics, the proximity of the land to built up areas, or the recent history of uk house prices are quoted as a demonstration of why the land plot is a great investment. verbal communication will often indicate that the land is fast tracked for building approval and has strong potential as building land. when pricing the land reference is typically made to approved building land prices at the market peak. very often the land banking company will present detailed plans showing a housing development on the site. these plans are often referred to as " pre - approved ", " concept " or " predevelopment ". the sales person will focus on the potential future value of the land against the current selling price. no reference is ever made to the value of green belts or agricultural land, or the issues involved with long - term maintenance, or collectively selling tiny plots of land. the sales price is typically increased 10 – 100 times over the current value of the land. plans shown have no validity in uk planning law and cannot be considered an indication of progress in the planning process. no written contractual promise is ever given for planning permission despite the typically extreme optimism of the salesperson. the salesperson will typically never mention that the land is protected, or greenbelt land and cannot be developed under current planning regulations. there is typically no possibility of getting planning permission in any reasonable timeframe. the investor may end up paying a considerable amount of money for a small area of low - value land which has a very high risk of standing undeveloped. once the general public becomes aware of the lack of viability of the proposed plot investment scheme, the real value of the individual plots collapses. this is typically followed by the land plot company liquidating completely, or relocating to another legal jurisdiction. for customers that show a willingness to purchase such schemes, there may also be attempts to sell additional plot based land banking products at alternate locations, or other high yield investment programmes. customers may also be added to suckers lists which are then sold to other companies offering similar schemes. when the land banking plot company fails, plot investors may also be offered investment recovery or planning services for a fee. such services typically are fraudulent or fail and lead to a further loss of money for the investor. = = = = controversies = = = = a you and yours documentary, first aired on bbc radio 4 in december 2006
1000 acres, can control sprawl - related issues, yet may also strain the management capacity of local developers. : 87 = = = usable, public open space = = = there are multiple provisions puds must include in regards to available open spaces, which include, upon conditional approval, those concerning quantity, location, and maintenance of public areas. : 707 approval for such provisions can be satisfied by one of the following : satisfying a minimum acreage requirement relative to a specific number of dwelling units or a direct percentage of gross acreage ; approval from a planning board on the proposed location of the public, open space ; or cosigned maintenance agreements between residents — regardless of whether it be by a municipality or an organized residential community, like a homeowner'association or a community trust. : 707 – 708 the requirement of these aforementioned revisions is to ensure that open, public land, facilities, amenities, and necessities are well - kept for ease of public use and accessibility. : 92 = = = streets = = = street patterns can be used to change the neighborhood character of a residential community, particularly by allowing developers to flexibly arrange buildings without having to adhere to non - pud zoning regulations. wide, curvilinear, and cul - de - sac street patterns are examples. the usage of these street, round street patterns allow developers to cluster buildings and maximize available open space. existing street and block patterns, historic preservation, and reservation of ground - floor streetfronts for non - residential, commercial uses are also considered when a community approves a pud. : 556 = = = combining design features = = = the flexibility to include multiple amenities — like utilities, recreational facilities, schools, and parks — within a development unit is representative of how untraditional, euclidean zoning practices can increase the mixed - use capability of a given piece of land. : 76 pud project plans require a balance of residential, such as single - family homes and apartments, and non - residential requirements, ensuring that interacting individuals and vehicles are able to safely, and conveniently, navigate the varied buildings, spaces, and streets of puds. : 75 ownership and responsibility of such puds may be either public or private. = = references = =
economic growth in the united states encouraged the suburbanization of american cities that required massive investments for the new infrastructure and homes. consumer patterns were also shifting at this time, as purchasing power was becoming stronger and more accessible to a wider range of families. suburban houses also brought about needs for products that were not needed in urban neighborhoods, such as lawnmowers and automobiles. during this time commercial shopping malls were being developed near suburbs to satisfy consumers'needs and their car – dependent lifestyle. zoning laws also contributed to the location of residential areas outside of the city center by creating wide areas or " zones " where only residential buildings were permitted. these suburban residences are built on larger lots of land than in the central city. for example, the lot size for a residence in chicago is usually 125 feet ( 38 m ) deep, while the width can vary from 14 feet ( 4. 3 m ) wide for a row house to 45 feet ( 14 m ) wide for a large stand – alone house. in the suburbs, where stand – alone houses are the rule, lots may be 85 feet ( 26 m ) wide by 115 feet ( 35 m ) deep, as in the chicago suburb of naperville. manufacturing and commercial buildings were segregated in other areas of the city. alongside suburbanization, many companies began locating their offices and other facilities in the outer areas of the cities, which resulted in the increased density of older suburbs and the growth of lower density suburbs even further from city centers. an alternative strategy is the deliberate design of " new towns " and the protection of green belts around cities. some social reformers attempted to combine the best of both concepts in the garden city movement. in the u. s., 1950 was the first year that more people lived in suburbs than elsewhere. in the u. s., the development of the skyscraper and the sharp inflation of downtown real estate prices also led to downtowns being more fully dedicated to businesses, thus pushing residents outside the city center. = = worldwide = = while suburbs are often associated with the middle classes, in many parts of the developed world, suburbs can be economically distressed areas, inhabited by higher proportions of recent immigrants, with higher delinquency rates and social problems, reminiscent of the inner cities of the u. s. examples include the banlieues of france, or the concrete suburbs of sweden, even if the suburbs of these countries also include middle - class and upper - class neighborhoods that often consist of single - family houses. = = = africa = = = following the growth of the
was donated to the national trust for historic preservation by the daughters of its final owner. the site was designated as a national historic landmark by the national park service. = = = maryland = = = the largest of this land was located in kent county, where 1, 365 acres where preserved through $ 5, 850, 144. 98 worth of easements. the hampton historical site is a 63 - acre preservation that includes the historic hampton mansion, gardens, historic farm buildings, slave quarters, and a family cemetery. in the face of suburban expansion and farming becoming less viable, the ridgely family decided to sell the remaining property to the national park service. the site was restored before reopening in 1950. in 2023, the maryland agricultural land preservation foundation was able to permanently preserve 4, 600 acres of farmland by using $ 16, 76732. 23 in easements. = = = minnesota = = = the minnesota land trust has been able to preserve approximately 79, 421 acres that span across 698 projects. the largest deal made by the trust was in 2021, with the purchase of 4 parcels valued at $ 4. 2 million. upon purchase, the land was donated to st. louis county, who will manage the land for recreation, wildlife, and sustainable time harvest. in 2024, the krueger christmas tree farm completed easements that would preserve 36 of the 46 acres on their farm. = = = florida = = = in 2023, florida agriculture commissioner wilton simpson helped secure $ 300 million in funding for the rural and family lands protection program ( rflpp ). the program intends to provide funds easements for these farms, which in turn serve as a buffer to the florida wildlife corridor. the department of agriculture released rankings of 257 farms and placed trailhead blue springs at first, which is a 12, 098 acre cow ranch. the largest of these project is the adams ranch in osceola county, which is 24, 027 acres and is used for cattle production. in a joint effort by conservation florida and the natural resources conservation service, easements were placed on the xl ranch lightsey cove that helped protect 527 acres along the florida wildlife corridor. this ranch is also located within the avon park air force range sentinel landscape, which covers nearly 1. 7 million acres and homes parts of the everglades headwaters national wildlife refuge and conservation area. = = = connecticut = = = in connecticut, the farmland preservation program has preserved over 45, 300 acres of land across 373 farms. this includes the historic maple
attention and funds were diverted owing to the civil war and reconstruction. not until after 1877 did attention return to the everglades. = = = hamilton disston's canals = = = after the civil war, an agency named the internal improvement fund ( iif ), charged with using grant money to improve florida's infrastructure through canals, rail lines, and roads, was eager to be rid of the debt incurred by the civil war. iif trustees found a pennsylvania real estate developer named hamilton disston who was interested in implementing plans to drain the land for agriculture. disston was persuaded to buy 4, 000, 000 acres ( 16, 000 km2 ) of land for $ 1 million in 1881 ( $ 32. 6 million in 2024 ). the new york times declared it the largest purchase of land ever by any individual. disston began building canals near st. cloud to lower the basin of the caloosahatchee and kissimmee rivers. his workers and engineers faced conditions similar to those of the soldiers during the seminole wars ; it was harrowing, backbreaking labor in dangerous conditions. the canals seemed at first to work in lowering the water levels in the wetlands surrounding the rivers. another dredged waterway between the gulf of mexico and lake okeechobee was built, opening the region to steamboat traffic. disston's engineers focused on lake okeechobee as well. as one colleague put it, " okeechobee is the point to attack " ; the canals were to be " equal or greater than the inflow from the kissimmee valley, which is the source of all the evil. " disston sponsored the digging of a canal 11 miles ( 18 km ) long from lake okeechobee towards miami, but it was abandoned when the rock proved denser than the engineers had expected. though the canals lowered the groundwater, their capacity was inadequate for the wet season. a report that evaluated the failure of the project concluded : " the reduction of the waters is simply a question of sufficient capacity in the canals which may be dug for their relief ". though disston's canals did not drain, his purchase primed the economy of florida. it made news and attracted tourists and land buyers alike. within four years property values doubled, and the population increased significantly. one newcomer was the inventor thomas edison, who bought a home in fort myers. disston opened real estate offices throughout the united states and europe, and sold tracts of land
Answer:
|
Sarah has an equitable servitude concerning the use of the tract.
| null |
In 1970, Oscar, owner of a 100-acre tract, prepared and duly recorded a subdivision plan called Happy Acres. The plan showed 90 one-acre lots and a tenacre tract in the center that was designated "Future Public School." Oscar published and distributed a brochure promoting Happy Acres which emphasized the proximity of the lots to the school property and indicated potential tax savings "because the school district will not have to expend tax money to acquire this property." There is no specific statute concerning the dedication of school sites. Oscar sold 50 of the lots to individual purchasers. Each deed referred to the recorded plan and also contained the following clause: "No mobile home shall be erected on any lot within Happy Acres." Sarah was one of the original purchasers from Oscar. In 1976, Oscar sold the remaining 40 lots and the 10-acre tract to Max by a deed which referred to the plan and contained the restriction relating to mobile homes. Max sold the 40 lots to individual purchasers and the 10-acre tract to Pete. None of the deeds from Max referred to the plan or contained any reference to mobile homes."Assume for this question only that Pete has announced his intention of erecting a fast-food restaurant on the 10-acre tract and that Sarah has filed an action to enjoin Pete. If Sarah wins, it will be because
0. Sarah has an equitable servitude concerning the use of the tract.
1. Sarah, as a taxpayer, has legal interest in the use of the tract.
2. Sarah is a creditor beneficiary of Oscar's promise with respect to the tract.
3. Pete is not a bona fide purchaser
= sales methods = = = = a company representative may contact an individual by telephone, in temporary shopping center booths, or at property shows and offer a strategic land investment in the uk. very often uk government or industry statistics, the proximity of the land to built up areas, or the recent history of uk house prices are quoted as a demonstration of why the land plot is a great investment. verbal communication will often indicate that the land is fast tracked for building approval and has strong potential as building land. when pricing the land reference is typically made to approved building land prices at the market peak. very often the land banking company will present detailed plans showing a housing development on the site. these plans are often referred to as " pre - approved ", " concept " or " predevelopment ". the sales person will focus on the potential future value of the land against the current selling price. no reference is ever made to the value of green belts or agricultural land, or the issues involved with long - term maintenance, or collectively selling tiny plots of land. the sales price is typically increased 10 – 100 times over the current value of the land. plans shown have no validity in uk planning law and cannot be considered an indication of progress in the planning process. no written contractual promise is ever given for planning permission despite the typically extreme optimism of the salesperson. the salesperson will typically never mention that the land is protected, or greenbelt land and cannot be developed under current planning regulations. there is typically no possibility of getting planning permission in any reasonable timeframe. the investor may end up paying a considerable amount of money for a small area of low - value land which has a very high risk of standing undeveloped. once the general public becomes aware of the lack of viability of the proposed plot investment scheme, the real value of the individual plots collapses. this is typically followed by the land plot company liquidating completely, or relocating to another legal jurisdiction. for customers that show a willingness to purchase such schemes, there may also be attempts to sell additional plot based land banking products at alternate locations, or other high yield investment programmes. customers may also be added to suckers lists which are then sold to other companies offering similar schemes. when the land banking plot company fails, plot investors may also be offered investment recovery or planning services for a fee. such services typically are fraudulent or fail and lead to a further loss of money for the investor. = = = = controversies = = = = a you and yours documentary, first aired on bbc radio 4 in december 2006
1000 acres, can control sprawl - related issues, yet may also strain the management capacity of local developers. : 87 = = = usable, public open space = = = there are multiple provisions puds must include in regards to available open spaces, which include, upon conditional approval, those concerning quantity, location, and maintenance of public areas. : 707 approval for such provisions can be satisfied by one of the following : satisfying a minimum acreage requirement relative to a specific number of dwelling units or a direct percentage of gross acreage ; approval from a planning board on the proposed location of the public, open space ; or cosigned maintenance agreements between residents — regardless of whether it be by a municipality or an organized residential community, like a homeowner'association or a community trust. : 707 – 708 the requirement of these aforementioned revisions is to ensure that open, public land, facilities, amenities, and necessities are well - kept for ease of public use and accessibility. : 92 = = = streets = = = street patterns can be used to change the neighborhood character of a residential community, particularly by allowing developers to flexibly arrange buildings without having to adhere to non - pud zoning regulations. wide, curvilinear, and cul - de - sac street patterns are examples. the usage of these street, round street patterns allow developers to cluster buildings and maximize available open space. existing street and block patterns, historic preservation, and reservation of ground - floor streetfronts for non - residential, commercial uses are also considered when a community approves a pud. : 556 = = = combining design features = = = the flexibility to include multiple amenities — like utilities, recreational facilities, schools, and parks — within a development unit is representative of how untraditional, euclidean zoning practices can increase the mixed - use capability of a given piece of land. : 76 pud project plans require a balance of residential, such as single - family homes and apartments, and non - residential requirements, ensuring that interacting individuals and vehicles are able to safely, and conveniently, navigate the varied buildings, spaces, and streets of puds. : 75 ownership and responsibility of such puds may be either public or private. = = references = =
economic growth in the united states encouraged the suburbanization of american cities that required massive investments for the new infrastructure and homes. consumer patterns were also shifting at this time, as purchasing power was becoming stronger and more accessible to a wider range of families. suburban houses also brought about needs for products that were not needed in urban neighborhoods, such as lawnmowers and automobiles. during this time commercial shopping malls were being developed near suburbs to satisfy consumers'needs and their car – dependent lifestyle. zoning laws also contributed to the location of residential areas outside of the city center by creating wide areas or " zones " where only residential buildings were permitted. these suburban residences are built on larger lots of land than in the central city. for example, the lot size for a residence in chicago is usually 125 feet ( 38 m ) deep, while the width can vary from 14 feet ( 4. 3 m ) wide for a row house to 45 feet ( 14 m ) wide for a large stand – alone house. in the suburbs, where stand – alone houses are the rule, lots may be 85 feet ( 26 m ) wide by 115 feet ( 35 m ) deep, as in the chicago suburb of naperville. manufacturing and commercial buildings were segregated in other areas of the city. alongside suburbanization, many companies began locating their offices and other facilities in the outer areas of the cities, which resulted in the increased density of older suburbs and the growth of lower density suburbs even further from city centers. an alternative strategy is the deliberate design of " new towns " and the protection of green belts around cities. some social reformers attempted to combine the best of both concepts in the garden city movement. in the u. s., 1950 was the first year that more people lived in suburbs than elsewhere. in the u. s., the development of the skyscraper and the sharp inflation of downtown real estate prices also led to downtowns being more fully dedicated to businesses, thus pushing residents outside the city center. = = worldwide = = while suburbs are often associated with the middle classes, in many parts of the developed world, suburbs can be economically distressed areas, inhabited by higher proportions of recent immigrants, with higher delinquency rates and social problems, reminiscent of the inner cities of the u. s. examples include the banlieues of france, or the concrete suburbs of sweden, even if the suburbs of these countries also include middle - class and upper - class neighborhoods that often consist of single - family houses. = = = africa = = = following the growth of the
was donated to the national trust for historic preservation by the daughters of its final owner. the site was designated as a national historic landmark by the national park service. = = = maryland = = = the largest of this land was located in kent county, where 1, 365 acres where preserved through $ 5, 850, 144. 98 worth of easements. the hampton historical site is a 63 - acre preservation that includes the historic hampton mansion, gardens, historic farm buildings, slave quarters, and a family cemetery. in the face of suburban expansion and farming becoming less viable, the ridgely family decided to sell the remaining property to the national park service. the site was restored before reopening in 1950. in 2023, the maryland agricultural land preservation foundation was able to permanently preserve 4, 600 acres of farmland by using $ 16, 76732. 23 in easements. = = = minnesota = = = the minnesota land trust has been able to preserve approximately 79, 421 acres that span across 698 projects. the largest deal made by the trust was in 2021, with the purchase of 4 parcels valued at $ 4. 2 million. upon purchase, the land was donated to st. louis county, who will manage the land for recreation, wildlife, and sustainable time harvest. in 2024, the krueger christmas tree farm completed easements that would preserve 36 of the 46 acres on their farm. = = = florida = = = in 2023, florida agriculture commissioner wilton simpson helped secure $ 300 million in funding for the rural and family lands protection program ( rflpp ). the program intends to provide funds easements for these farms, which in turn serve as a buffer to the florida wildlife corridor. the department of agriculture released rankings of 257 farms and placed trailhead blue springs at first, which is a 12, 098 acre cow ranch. the largest of these project is the adams ranch in osceola county, which is 24, 027 acres and is used for cattle production. in a joint effort by conservation florida and the natural resources conservation service, easements were placed on the xl ranch lightsey cove that helped protect 527 acres along the florida wildlife corridor. this ranch is also located within the avon park air force range sentinel landscape, which covers nearly 1. 7 million acres and homes parts of the everglades headwaters national wildlife refuge and conservation area. = = = connecticut = = = in connecticut, the farmland preservation program has preserved over 45, 300 acres of land across 373 farms. this includes the historic maple
attention and funds were diverted owing to the civil war and reconstruction. not until after 1877 did attention return to the everglades. = = = hamilton disston's canals = = = after the civil war, an agency named the internal improvement fund ( iif ), charged with using grant money to improve florida's infrastructure through canals, rail lines, and roads, was eager to be rid of the debt incurred by the civil war. iif trustees found a pennsylvania real estate developer named hamilton disston who was interested in implementing plans to drain the land for agriculture. disston was persuaded to buy 4, 000, 000 acres ( 16, 000 km2 ) of land for $ 1 million in 1881 ( $ 32. 6 million in 2024 ). the new york times declared it the largest purchase of land ever by any individual. disston began building canals near st. cloud to lower the basin of the caloosahatchee and kissimmee rivers. his workers and engineers faced conditions similar to those of the soldiers during the seminole wars ; it was harrowing, backbreaking labor in dangerous conditions. the canals seemed at first to work in lowering the water levels in the wetlands surrounding the rivers. another dredged waterway between the gulf of mexico and lake okeechobee was built, opening the region to steamboat traffic. disston's engineers focused on lake okeechobee as well. as one colleague put it, " okeechobee is the point to attack " ; the canals were to be " equal or greater than the inflow from the kissimmee valley, which is the source of all the evil. " disston sponsored the digging of a canal 11 miles ( 18 km ) long from lake okeechobee towards miami, but it was abandoned when the rock proved denser than the engineers had expected. though the canals lowered the groundwater, their capacity was inadequate for the wet season. a report that evaluated the failure of the project concluded : " the reduction of the waters is simply a question of sufficient capacity in the canals which may be dug for their relief ". though disston's canals did not drain, his purchase primed the economy of florida. it made news and attracted tourists and land buyers alike. within four years property values doubled, and the population increased significantly. one newcomer was the inventor thomas edison, who bought a home in fort myers. disston opened real estate offices throughout the united states and europe, and sold tracts of land
Answer:
|
Sarah, as a taxpayer, has legal interest in the use of the tract.
| 0.3 |
In 1970, Oscar, owner of a 100-acre tract, prepared and duly recorded a subdivision plan called Happy Acres. The plan showed 90 one-acre lots and a tenacre tract in the center that was designated "Future Public School." Oscar published and distributed a brochure promoting Happy Acres which emphasized the proximity of the lots to the school property and indicated potential tax savings "because the school district will not have to expend tax money to acquire this property." There is no specific statute concerning the dedication of school sites. Oscar sold 50 of the lots to individual purchasers. Each deed referred to the recorded plan and also contained the following clause: "No mobile home shall be erected on any lot within Happy Acres." Sarah was one of the original purchasers from Oscar. In 1976, Oscar sold the remaining 40 lots and the 10-acre tract to Max by a deed which referred to the plan and contained the restriction relating to mobile homes. Max sold the 40 lots to individual purchasers and the 10-acre tract to Pete. None of the deeds from Max referred to the plan or contained any reference to mobile homes.""Assume for this question only that Joe, who purchased his lot from Max, has placed a mobile home on it and that Sarah brings an action against Joe to force him to remove it. The result of this action will be in favor of
0. Sarah, because the restrictive covenant in her deed runs with the land.
1. Sarah, because the presence of the mobile home may adversely affect the market value of her land.
2. Joe, because his deed did not contain the restrictive covenant.
3. Joe, because he is not a direct but a remote grantee of Oscar
= sales methods = = = = a company representative may contact an individual by telephone, in temporary shopping center booths, or at property shows and offer a strategic land investment in the uk. very often uk government or industry statistics, the proximity of the land to built up areas, or the recent history of uk house prices are quoted as a demonstration of why the land plot is a great investment. verbal communication will often indicate that the land is fast tracked for building approval and has strong potential as building land. when pricing the land reference is typically made to approved building land prices at the market peak. very often the land banking company will present detailed plans showing a housing development on the site. these plans are often referred to as " pre - approved ", " concept " or " predevelopment ". the sales person will focus on the potential future value of the land against the current selling price. no reference is ever made to the value of green belts or agricultural land, or the issues involved with long - term maintenance, or collectively selling tiny plots of land. the sales price is typically increased 10 – 100 times over the current value of the land. plans shown have no validity in uk planning law and cannot be considered an indication of progress in the planning process. no written contractual promise is ever given for planning permission despite the typically extreme optimism of the salesperson. the salesperson will typically never mention that the land is protected, or greenbelt land and cannot be developed under current planning regulations. there is typically no possibility of getting planning permission in any reasonable timeframe. the investor may end up paying a considerable amount of money for a small area of low - value land which has a very high risk of standing undeveloped. once the general public becomes aware of the lack of viability of the proposed plot investment scheme, the real value of the individual plots collapses. this is typically followed by the land plot company liquidating completely, or relocating to another legal jurisdiction. for customers that show a willingness to purchase such schemes, there may also be attempts to sell additional plot based land banking products at alternate locations, or other high yield investment programmes. customers may also be added to suckers lists which are then sold to other companies offering similar schemes. when the land banking plot company fails, plot investors may also be offered investment recovery or planning services for a fee. such services typically are fraudulent or fail and lead to a further loss of money for the investor. = = = = controversies = = = = a you and yours documentary, first aired on bbc radio 4 in december 2006
1000 acres, can control sprawl - related issues, yet may also strain the management capacity of local developers. : 87 = = = usable, public open space = = = there are multiple provisions puds must include in regards to available open spaces, which include, upon conditional approval, those concerning quantity, location, and maintenance of public areas. : 707 approval for such provisions can be satisfied by one of the following : satisfying a minimum acreage requirement relative to a specific number of dwelling units or a direct percentage of gross acreage ; approval from a planning board on the proposed location of the public, open space ; or cosigned maintenance agreements between residents — regardless of whether it be by a municipality or an organized residential community, like a homeowner'association or a community trust. : 707 – 708 the requirement of these aforementioned revisions is to ensure that open, public land, facilities, amenities, and necessities are well - kept for ease of public use and accessibility. : 92 = = = streets = = = street patterns can be used to change the neighborhood character of a residential community, particularly by allowing developers to flexibly arrange buildings without having to adhere to non - pud zoning regulations. wide, curvilinear, and cul - de - sac street patterns are examples. the usage of these street, round street patterns allow developers to cluster buildings and maximize available open space. existing street and block patterns, historic preservation, and reservation of ground - floor streetfronts for non - residential, commercial uses are also considered when a community approves a pud. : 556 = = = combining design features = = = the flexibility to include multiple amenities — like utilities, recreational facilities, schools, and parks — within a development unit is representative of how untraditional, euclidean zoning practices can increase the mixed - use capability of a given piece of land. : 76 pud project plans require a balance of residential, such as single - family homes and apartments, and non - residential requirements, ensuring that interacting individuals and vehicles are able to safely, and conveniently, navigate the varied buildings, spaces, and streets of puds. : 75 ownership and responsibility of such puds may be either public or private. = = references = =
was donated to the national trust for historic preservation by the daughters of its final owner. the site was designated as a national historic landmark by the national park service. = = = maryland = = = the largest of this land was located in kent county, where 1, 365 acres where preserved through $ 5, 850, 144. 98 worth of easements. the hampton historical site is a 63 - acre preservation that includes the historic hampton mansion, gardens, historic farm buildings, slave quarters, and a family cemetery. in the face of suburban expansion and farming becoming less viable, the ridgely family decided to sell the remaining property to the national park service. the site was restored before reopening in 1950. in 2023, the maryland agricultural land preservation foundation was able to permanently preserve 4, 600 acres of farmland by using $ 16, 76732. 23 in easements. = = = minnesota = = = the minnesota land trust has been able to preserve approximately 79, 421 acres that span across 698 projects. the largest deal made by the trust was in 2021, with the purchase of 4 parcels valued at $ 4. 2 million. upon purchase, the land was donated to st. louis county, who will manage the land for recreation, wildlife, and sustainable time harvest. in 2024, the krueger christmas tree farm completed easements that would preserve 36 of the 46 acres on their farm. = = = florida = = = in 2023, florida agriculture commissioner wilton simpson helped secure $ 300 million in funding for the rural and family lands protection program ( rflpp ). the program intends to provide funds easements for these farms, which in turn serve as a buffer to the florida wildlife corridor. the department of agriculture released rankings of 257 farms and placed trailhead blue springs at first, which is a 12, 098 acre cow ranch. the largest of these project is the adams ranch in osceola county, which is 24, 027 acres and is used for cattle production. in a joint effort by conservation florida and the natural resources conservation service, easements were placed on the xl ranch lightsey cove that helped protect 527 acres along the florida wildlife corridor. this ranch is also located within the avon park air force range sentinel landscape, which covers nearly 1. 7 million acres and homes parts of the everglades headwaters national wildlife refuge and conservation area. = = = connecticut = = = in connecticut, the farmland preservation program has preserved over 45, 300 acres of land across 373 farms. this includes the historic maple
economic growth in the united states encouraged the suburbanization of american cities that required massive investments for the new infrastructure and homes. consumer patterns were also shifting at this time, as purchasing power was becoming stronger and more accessible to a wider range of families. suburban houses also brought about needs for products that were not needed in urban neighborhoods, such as lawnmowers and automobiles. during this time commercial shopping malls were being developed near suburbs to satisfy consumers'needs and their car – dependent lifestyle. zoning laws also contributed to the location of residential areas outside of the city center by creating wide areas or " zones " where only residential buildings were permitted. these suburban residences are built on larger lots of land than in the central city. for example, the lot size for a residence in chicago is usually 125 feet ( 38 m ) deep, while the width can vary from 14 feet ( 4. 3 m ) wide for a row house to 45 feet ( 14 m ) wide for a large stand – alone house. in the suburbs, where stand – alone houses are the rule, lots may be 85 feet ( 26 m ) wide by 115 feet ( 35 m ) deep, as in the chicago suburb of naperville. manufacturing and commercial buildings were segregated in other areas of the city. alongside suburbanization, many companies began locating their offices and other facilities in the outer areas of the cities, which resulted in the increased density of older suburbs and the growth of lower density suburbs even further from city centers. an alternative strategy is the deliberate design of " new towns " and the protection of green belts around cities. some social reformers attempted to combine the best of both concepts in the garden city movement. in the u. s., 1950 was the first year that more people lived in suburbs than elsewhere. in the u. s., the development of the skyscraper and the sharp inflation of downtown real estate prices also led to downtowns being more fully dedicated to businesses, thus pushing residents outside the city center. = = worldwide = = while suburbs are often associated with the middle classes, in many parts of the developed world, suburbs can be economically distressed areas, inhabited by higher proportions of recent immigrants, with higher delinquency rates and social problems, reminiscent of the inner cities of the u. s. examples include the banlieues of france, or the concrete suburbs of sweden, even if the suburbs of these countries also include middle - class and upper - class neighborhoods that often consist of single - family houses. = = = africa = = = following the growth of the
on henry ford and clara ford, when clara wanted to install a rose garden directly in the center of the backyard meadow at the henry ford estate. eleanor and jensen eventually came to a compromise and the rose garden was placed behind some native bushes which was out of sight of the meadow that is the focal piece of the front lawn. jensen's son was contracted later on to install the new garden area which has a reflecting pool and does not have the natural stylizing of the rest of the grounds. instead he opted for finely trimmed bushes and square grassy areas. the grounds of the estate include a power house and a gate house along affluent lake shore drive, often mistaken for the actual house. the gate house includes apartments formerly used by staff and an eight - car garage with a turntable to rotate cars so they don't need to back out. the recreation house beyond the man - made lagoon and swimming pool contains changing rooms and a squash court with spectator's gallery. closer to the gate house is josephine ford's child - sized playhouse, built for her by her grandmother clara, in 1930. it features working electricity and plumbing and an exterior decorated with characters from nursery rhymes. for william on his 21st birthday the family enlisted a company which built a full size replica pirate ship on the lagoon as a party showpiece. the party was held outside just off the apple patio and featured live acts including frank sinatra. = = museum = = edsel ford died in this house in 1943 and his wife eleanor ford lived there until her death in 1976. it was her wish that the property be used for " the benefit of the public ". the edsel & eleanor ford house is open to the public for guided tours. located on 87 acres ( 350, 000 m2 ) at 1100 lake shore road in grosse pointe shores, the 30, 000 - square - foot ( 2, 787 m2 ) house has a fine collection of original antiques and art, and beautiful lakefront grounds. the grounds include the frontage on ford's cove, the total lake st. clair waterfront of the property is 3, 100 feet ( 985 m ). the house currently hosts special events, classes and lectures. the estate is listed on the national register of historic places. = = restoration = = several restoration projects have been started in recent years, most of which were to fix the deteriorating masonry on the main house, the play house, and the various walks. the edsel ford house relies on donations as well as an original trust set up by mrs. ford to
Answer:
|
Sarah, because the restrictive covenant in her deed runs with the land.
| null |
In 1970, Oscar, owner of a 100-acre tract, prepared and duly recorded a subdivision plan called Happy Acres. The plan showed 90 one-acre lots and a tenacre tract in the center that was designated "Future Public School." Oscar published and distributed a brochure promoting Happy Acres which emphasized the proximity of the lots to the school property and indicated potential tax savings "because the school district will not have to expend tax money to acquire this property." There is no specific statute concerning the dedication of school sites. Oscar sold 50 of the lots to individual purchasers. Each deed referred to the recorded plan and also contained the following clause: "No mobile home shall be erected on any lot within Happy Acres." Sarah was one of the original purchasers from Oscar. In 1976, Oscar sold the remaining 40 lots and the 10-acre tract to Max by a deed which referred to the plan and contained the restriction relating to mobile homes. Max sold the 40 lots to individual purchasers and the 10-acre tract to Pete. None of the deeds from Max referred to the plan or contained any reference to mobile homes.""Assume for this question only that Joe, who purchased his lot from Max, has placed a mobile home on it and that Sarah brings an action against Joe to force him to remove it. The result of this action will be in favor of
0. Sarah, because the restrictive covenant in her deed runs with the land.
1. Sarah, because the presence of the mobile home may adversely affect the market value of her land.
2. Joe, because his deed did not contain the restrictive covenant.
3. Joe, because he is not a direct but a remote grantee of Oscar
= sales methods = = = = a company representative may contact an individual by telephone, in temporary shopping center booths, or at property shows and offer a strategic land investment in the uk. very often uk government or industry statistics, the proximity of the land to built up areas, or the recent history of uk house prices are quoted as a demonstration of why the land plot is a great investment. verbal communication will often indicate that the land is fast tracked for building approval and has strong potential as building land. when pricing the land reference is typically made to approved building land prices at the market peak. very often the land banking company will present detailed plans showing a housing development on the site. these plans are often referred to as " pre - approved ", " concept " or " predevelopment ". the sales person will focus on the potential future value of the land against the current selling price. no reference is ever made to the value of green belts or agricultural land, or the issues involved with long - term maintenance, or collectively selling tiny plots of land. the sales price is typically increased 10 – 100 times over the current value of the land. plans shown have no validity in uk planning law and cannot be considered an indication of progress in the planning process. no written contractual promise is ever given for planning permission despite the typically extreme optimism of the salesperson. the salesperson will typically never mention that the land is protected, or greenbelt land and cannot be developed under current planning regulations. there is typically no possibility of getting planning permission in any reasonable timeframe. the investor may end up paying a considerable amount of money for a small area of low - value land which has a very high risk of standing undeveloped. once the general public becomes aware of the lack of viability of the proposed plot investment scheme, the real value of the individual plots collapses. this is typically followed by the land plot company liquidating completely, or relocating to another legal jurisdiction. for customers that show a willingness to purchase such schemes, there may also be attempts to sell additional plot based land banking products at alternate locations, or other high yield investment programmes. customers may also be added to suckers lists which are then sold to other companies offering similar schemes. when the land banking plot company fails, plot investors may also be offered investment recovery or planning services for a fee. such services typically are fraudulent or fail and lead to a further loss of money for the investor. = = = = controversies = = = = a you and yours documentary, first aired on bbc radio 4 in december 2006
1000 acres, can control sprawl - related issues, yet may also strain the management capacity of local developers. : 87 = = = usable, public open space = = = there are multiple provisions puds must include in regards to available open spaces, which include, upon conditional approval, those concerning quantity, location, and maintenance of public areas. : 707 approval for such provisions can be satisfied by one of the following : satisfying a minimum acreage requirement relative to a specific number of dwelling units or a direct percentage of gross acreage ; approval from a planning board on the proposed location of the public, open space ; or cosigned maintenance agreements between residents — regardless of whether it be by a municipality or an organized residential community, like a homeowner'association or a community trust. : 707 – 708 the requirement of these aforementioned revisions is to ensure that open, public land, facilities, amenities, and necessities are well - kept for ease of public use and accessibility. : 92 = = = streets = = = street patterns can be used to change the neighborhood character of a residential community, particularly by allowing developers to flexibly arrange buildings without having to adhere to non - pud zoning regulations. wide, curvilinear, and cul - de - sac street patterns are examples. the usage of these street, round street patterns allow developers to cluster buildings and maximize available open space. existing street and block patterns, historic preservation, and reservation of ground - floor streetfronts for non - residential, commercial uses are also considered when a community approves a pud. : 556 = = = combining design features = = = the flexibility to include multiple amenities — like utilities, recreational facilities, schools, and parks — within a development unit is representative of how untraditional, euclidean zoning practices can increase the mixed - use capability of a given piece of land. : 76 pud project plans require a balance of residential, such as single - family homes and apartments, and non - residential requirements, ensuring that interacting individuals and vehicles are able to safely, and conveniently, navigate the varied buildings, spaces, and streets of puds. : 75 ownership and responsibility of such puds may be either public or private. = = references = =
was donated to the national trust for historic preservation by the daughters of its final owner. the site was designated as a national historic landmark by the national park service. = = = maryland = = = the largest of this land was located in kent county, where 1, 365 acres where preserved through $ 5, 850, 144. 98 worth of easements. the hampton historical site is a 63 - acre preservation that includes the historic hampton mansion, gardens, historic farm buildings, slave quarters, and a family cemetery. in the face of suburban expansion and farming becoming less viable, the ridgely family decided to sell the remaining property to the national park service. the site was restored before reopening in 1950. in 2023, the maryland agricultural land preservation foundation was able to permanently preserve 4, 600 acres of farmland by using $ 16, 76732. 23 in easements. = = = minnesota = = = the minnesota land trust has been able to preserve approximately 79, 421 acres that span across 698 projects. the largest deal made by the trust was in 2021, with the purchase of 4 parcels valued at $ 4. 2 million. upon purchase, the land was donated to st. louis county, who will manage the land for recreation, wildlife, and sustainable time harvest. in 2024, the krueger christmas tree farm completed easements that would preserve 36 of the 46 acres on their farm. = = = florida = = = in 2023, florida agriculture commissioner wilton simpson helped secure $ 300 million in funding for the rural and family lands protection program ( rflpp ). the program intends to provide funds easements for these farms, which in turn serve as a buffer to the florida wildlife corridor. the department of agriculture released rankings of 257 farms and placed trailhead blue springs at first, which is a 12, 098 acre cow ranch. the largest of these project is the adams ranch in osceola county, which is 24, 027 acres and is used for cattle production. in a joint effort by conservation florida and the natural resources conservation service, easements were placed on the xl ranch lightsey cove that helped protect 527 acres along the florida wildlife corridor. this ranch is also located within the avon park air force range sentinel landscape, which covers nearly 1. 7 million acres and homes parts of the everglades headwaters national wildlife refuge and conservation area. = = = connecticut = = = in connecticut, the farmland preservation program has preserved over 45, 300 acres of land across 373 farms. this includes the historic maple
economic growth in the united states encouraged the suburbanization of american cities that required massive investments for the new infrastructure and homes. consumer patterns were also shifting at this time, as purchasing power was becoming stronger and more accessible to a wider range of families. suburban houses also brought about needs for products that were not needed in urban neighborhoods, such as lawnmowers and automobiles. during this time commercial shopping malls were being developed near suburbs to satisfy consumers'needs and their car – dependent lifestyle. zoning laws also contributed to the location of residential areas outside of the city center by creating wide areas or " zones " where only residential buildings were permitted. these suburban residences are built on larger lots of land than in the central city. for example, the lot size for a residence in chicago is usually 125 feet ( 38 m ) deep, while the width can vary from 14 feet ( 4. 3 m ) wide for a row house to 45 feet ( 14 m ) wide for a large stand – alone house. in the suburbs, where stand – alone houses are the rule, lots may be 85 feet ( 26 m ) wide by 115 feet ( 35 m ) deep, as in the chicago suburb of naperville. manufacturing and commercial buildings were segregated in other areas of the city. alongside suburbanization, many companies began locating their offices and other facilities in the outer areas of the cities, which resulted in the increased density of older suburbs and the growth of lower density suburbs even further from city centers. an alternative strategy is the deliberate design of " new towns " and the protection of green belts around cities. some social reformers attempted to combine the best of both concepts in the garden city movement. in the u. s., 1950 was the first year that more people lived in suburbs than elsewhere. in the u. s., the development of the skyscraper and the sharp inflation of downtown real estate prices also led to downtowns being more fully dedicated to businesses, thus pushing residents outside the city center. = = worldwide = = while suburbs are often associated with the middle classes, in many parts of the developed world, suburbs can be economically distressed areas, inhabited by higher proportions of recent immigrants, with higher delinquency rates and social problems, reminiscent of the inner cities of the u. s. examples include the banlieues of france, or the concrete suburbs of sweden, even if the suburbs of these countries also include middle - class and upper - class neighborhoods that often consist of single - family houses. = = = africa = = = following the growth of the
on henry ford and clara ford, when clara wanted to install a rose garden directly in the center of the backyard meadow at the henry ford estate. eleanor and jensen eventually came to a compromise and the rose garden was placed behind some native bushes which was out of sight of the meadow that is the focal piece of the front lawn. jensen's son was contracted later on to install the new garden area which has a reflecting pool and does not have the natural stylizing of the rest of the grounds. instead he opted for finely trimmed bushes and square grassy areas. the grounds of the estate include a power house and a gate house along affluent lake shore drive, often mistaken for the actual house. the gate house includes apartments formerly used by staff and an eight - car garage with a turntable to rotate cars so they don't need to back out. the recreation house beyond the man - made lagoon and swimming pool contains changing rooms and a squash court with spectator's gallery. closer to the gate house is josephine ford's child - sized playhouse, built for her by her grandmother clara, in 1930. it features working electricity and plumbing and an exterior decorated with characters from nursery rhymes. for william on his 21st birthday the family enlisted a company which built a full size replica pirate ship on the lagoon as a party showpiece. the party was held outside just off the apple patio and featured live acts including frank sinatra. = = museum = = edsel ford died in this house in 1943 and his wife eleanor ford lived there until her death in 1976. it was her wish that the property be used for " the benefit of the public ". the edsel & eleanor ford house is open to the public for guided tours. located on 87 acres ( 350, 000 m2 ) at 1100 lake shore road in grosse pointe shores, the 30, 000 - square - foot ( 2, 787 m2 ) house has a fine collection of original antiques and art, and beautiful lakefront grounds. the grounds include the frontage on ford's cove, the total lake st. clair waterfront of the property is 3, 100 feet ( 985 m ). the house currently hosts special events, classes and lectures. the estate is listed on the national register of historic places. = = restoration = = several restoration projects have been started in recent years, most of which were to fix the deteriorating masonry on the main house, the play house, and the various walks. the edsel ford house relies on donations as well as an original trust set up by mrs. ford to
Answer:
|
Sarah, because the presence of the mobile home may adversely affect the market value of her land.
| 0.3 |
In 1970, Oscar, owner of a 100-acre tract, prepared and duly recorded a subdivision plan called Happy Acres. The plan showed 90 one-acre lots and a tenacre tract in the center that was designated "Future Public School." Oscar published and distributed a brochure promoting Happy Acres which emphasized the proximity of the lots to the school property and indicated potential tax savings "because the school district will not have to expend tax money to acquire this property." There is no specific statute concerning the dedication of school sites. Oscar sold 50 of the lots to individual purchasers. Each deed referred to the recorded plan and also contained the following clause: "No mobile home shall be erected on any lot within Happy Acres." Sarah was one of the original purchasers from Oscar. In 1976, Oscar sold the remaining 40 lots and the 10-acre tract to Max by a deed which referred to the plan and contained the restriction relating to mobile homes. Max sold the 40 lots to individual purchasers and the 10-acre tract to Pete. None of the deeds from Max referred to the plan or contained any reference to mobile homes."Assume for this question only that in 1977 the school board of the district in which Happy Acres is situated has voted to erect a new school on the 10-acre tract. In an appropriate action between the school board and Pete to determine title, the result will be in favor of
0. Pete, because the school board has been guilty of laches.
1. Pete, because his deed did not refer to the subdivision plan.
2. the school board, because Pete had constructive notice of the proposed use of the tract.
3. the school board, because there has been a dedication and acceptance of the tract.
1000 acres, can control sprawl - related issues, yet may also strain the management capacity of local developers. : 87 = = = usable, public open space = = = there are multiple provisions puds must include in regards to available open spaces, which include, upon conditional approval, those concerning quantity, location, and maintenance of public areas. : 707 approval for such provisions can be satisfied by one of the following : satisfying a minimum acreage requirement relative to a specific number of dwelling units or a direct percentage of gross acreage ; approval from a planning board on the proposed location of the public, open space ; or cosigned maintenance agreements between residents — regardless of whether it be by a municipality or an organized residential community, like a homeowner'association or a community trust. : 707 – 708 the requirement of these aforementioned revisions is to ensure that open, public land, facilities, amenities, and necessities are well - kept for ease of public use and accessibility. : 92 = = = streets = = = street patterns can be used to change the neighborhood character of a residential community, particularly by allowing developers to flexibly arrange buildings without having to adhere to non - pud zoning regulations. wide, curvilinear, and cul - de - sac street patterns are examples. the usage of these street, round street patterns allow developers to cluster buildings and maximize available open space. existing street and block patterns, historic preservation, and reservation of ground - floor streetfronts for non - residential, commercial uses are also considered when a community approves a pud. : 556 = = = combining design features = = = the flexibility to include multiple amenities — like utilities, recreational facilities, schools, and parks — within a development unit is representative of how untraditional, euclidean zoning practices can increase the mixed - use capability of a given piece of land. : 76 pud project plans require a balance of residential, such as single - family homes and apartments, and non - residential requirements, ensuring that interacting individuals and vehicles are able to safely, and conveniently, navigate the varied buildings, spaces, and streets of puds. : 75 ownership and responsibility of such puds may be either public or private. = = references = =
= sales methods = = = = a company representative may contact an individual by telephone, in temporary shopping center booths, or at property shows and offer a strategic land investment in the uk. very often uk government or industry statistics, the proximity of the land to built up areas, or the recent history of uk house prices are quoted as a demonstration of why the land plot is a great investment. verbal communication will often indicate that the land is fast tracked for building approval and has strong potential as building land. when pricing the land reference is typically made to approved building land prices at the market peak. very often the land banking company will present detailed plans showing a housing development on the site. these plans are often referred to as " pre - approved ", " concept " or " predevelopment ". the sales person will focus on the potential future value of the land against the current selling price. no reference is ever made to the value of green belts or agricultural land, or the issues involved with long - term maintenance, or collectively selling tiny plots of land. the sales price is typically increased 10 – 100 times over the current value of the land. plans shown have no validity in uk planning law and cannot be considered an indication of progress in the planning process. no written contractual promise is ever given for planning permission despite the typically extreme optimism of the salesperson. the salesperson will typically never mention that the land is protected, or greenbelt land and cannot be developed under current planning regulations. there is typically no possibility of getting planning permission in any reasonable timeframe. the investor may end up paying a considerable amount of money for a small area of low - value land which has a very high risk of standing undeveloped. once the general public becomes aware of the lack of viability of the proposed plot investment scheme, the real value of the individual plots collapses. this is typically followed by the land plot company liquidating completely, or relocating to another legal jurisdiction. for customers that show a willingness to purchase such schemes, there may also be attempts to sell additional plot based land banking products at alternate locations, or other high yield investment programmes. customers may also be added to suckers lists which are then sold to other companies offering similar schemes. when the land banking plot company fails, plot investors may also be offered investment recovery or planning services for a fee. such services typically are fraudulent or fail and lead to a further loss of money for the investor. = = = = controversies = = = = a you and yours documentary, first aired on bbc radio 4 in december 2006
was donated to the national trust for historic preservation by the daughters of its final owner. the site was designated as a national historic landmark by the national park service. = = = maryland = = = the largest of this land was located in kent county, where 1, 365 acres where preserved through $ 5, 850, 144. 98 worth of easements. the hampton historical site is a 63 - acre preservation that includes the historic hampton mansion, gardens, historic farm buildings, slave quarters, and a family cemetery. in the face of suburban expansion and farming becoming less viable, the ridgely family decided to sell the remaining property to the national park service. the site was restored before reopening in 1950. in 2023, the maryland agricultural land preservation foundation was able to permanently preserve 4, 600 acres of farmland by using $ 16, 76732. 23 in easements. = = = minnesota = = = the minnesota land trust has been able to preserve approximately 79, 421 acres that span across 698 projects. the largest deal made by the trust was in 2021, with the purchase of 4 parcels valued at $ 4. 2 million. upon purchase, the land was donated to st. louis county, who will manage the land for recreation, wildlife, and sustainable time harvest. in 2024, the krueger christmas tree farm completed easements that would preserve 36 of the 46 acres on their farm. = = = florida = = = in 2023, florida agriculture commissioner wilton simpson helped secure $ 300 million in funding for the rural and family lands protection program ( rflpp ). the program intends to provide funds easements for these farms, which in turn serve as a buffer to the florida wildlife corridor. the department of agriculture released rankings of 257 farms and placed trailhead blue springs at first, which is a 12, 098 acre cow ranch. the largest of these project is the adams ranch in osceola county, which is 24, 027 acres and is used for cattle production. in a joint effort by conservation florida and the natural resources conservation service, easements were placed on the xl ranch lightsey cove that helped protect 527 acres along the florida wildlife corridor. this ranch is also located within the avon park air force range sentinel landscape, which covers nearly 1. 7 million acres and homes parts of the everglades headwaters national wildlife refuge and conservation area. = = = connecticut = = = in connecticut, the farmland preservation program has preserved over 45, 300 acres of land across 373 farms. this includes the historic maple
s $ 6 million ( £2. 5m ). mp david heath requested a debate in the house of commons following the offering of 209 plots in the village of dean, saying that " while land banking may not be illegal it is undoubtedly a scam ". the uk land registry issued a press release on january 15, 2009 advising consumers that the land registry has published a guide warning against land banking investment schemes. land registry head of corporate legal services mike westcott rudd said that the public were being " misled about the prospects of obtaining planning permission ", with well - known banks and developers being falsely cited as partners in the project, and that in some cases forged land registry paperwork was being presented to suggest that planning approval existed where it did not. as a result of the significant controversy and media coverage land banking received, many directors and officials of companies involved were prosecuted and handed custodial sentences by the courts. = = = united states = = = = = = = government = = = = in 2011 new york state passed a land bank statute authorizing the establishment of nonprofits in each county to take title to vacant abandoned homes so they can be rehabilitated, sold or demolished in an orderly fashion. many counties upstate including erie county, onondaga county, schenectady county and albany county have abandoned homes as people moved to the suburbs. some properties have been abandoned due to back taxes and the city has taken title. the recent robo - signing settlement gave attorney general eric schneiderman the wherewithal to fund land banks in schenectady and albany. the state of michigan also has a land bank program. ohio passed land bank legislation in 2009. = = = = commercial = = = = land banking as an investment is nothing new to america. several self - made billionaires started by purchasing large tracts in california where the development opportunities had not yet arisen. people such as bob hope and donald trump have reaped tremendous rewards from buying large areas and holding the property until the market commanded a considerable return when sold. there have, however, also been many land scams in the us, such as the large areas of florida swampland which were sold as being suitable for real estate. florida land scams have history as far back as the 1920s florida land rush. many florida counties have traces of these land scams today. polk county, florida, in particular has been devastated with land banking scams. polk county, being the land that lies between the city of tampa, in hillsborough county florida and the city of
, which acts as a legal instrument to guide the growth, development and enhancement of the city. according to proponents, there must be a system of participation by the “ stake holders " in the preparation of plans. public meetings, hearings of objections and transparent processes of addressing objections, must be institutionalized. intelligent urbanism promotes public participation. local area plans must be prepared which address local issues and take into account local views and sentiments regarding plan objectives, configurations, standards and patterns. such plans lay out the sites of plots showing the roads, public open spaces, amenities areas and conservation sites. land pooling assures the beneficiaries from provision of public infrastructure and amenities proportionally contribute and that a few individuals do not suffer from reservations in the plan. according to proponents, there must be a system of floor area ratios to assure that the land and the services are not over pressured. no single plot owner should have more than the determined " fair share " of utilization of the access roads, amenities and utilities that service all of the sites. floor area ratios temper this relationship as regulated the manner in which public services are consumed. according to piu proponents, transfer of development rights benefits land owners whose properties have been reserved under the plan. it also benefits the local authorities that lack the financial resources to purchase lands to implement the structure plans. it benefits concentrated, city center project promoters who have to amortize expensive land purchases, by allowing them to purchase the development rights from the owners of reserved lands and to hand over those properties to the plan implementing authority. this allows the local authority to widen roads and to implement the structure plan. the local authority then transfers the needed development right to city center promoters. intelligent urbanism supports the use of architectural guidelines where there is a tradition to preserve and where precedents can be used to specify architectural elements, motifs and language in a manner, which intended to reinforce a cultural tradition. building designs must respect traditional elements, even though the components may vary greatly to integrate contemporary functions. even in a greenfield setting architectural guidelines are required to assure harmony and continuity of building proportions, scale, color, patterns, motifs, materials and facades. intelligent urbanism insists on safety, hygiene, durability and utility in the design and construction of buildings. where large numbers of people gather in schools, hospitals, and other public facilities that may become emergency shelters in disasters, special care must be exercised. a suitable building code is the proposed instrument to achieve these aims. piu proponents state that those who design buildings must be professionally qualified architects ; those
Answer:
|
the school board, because there has been a dedication and acceptance of the tract.
| null |
In 1970, Oscar, owner of a 100-acre tract, prepared and duly recorded a subdivision plan called Happy Acres. The plan showed 90 one-acre lots and a tenacre tract in the center that was designated "Future Public School." Oscar published and distributed a brochure promoting Happy Acres which emphasized the proximity of the lots to the school property and indicated potential tax savings "because the school district will not have to expend tax money to acquire this property." There is no specific statute concerning the dedication of school sites. Oscar sold 50 of the lots to individual purchasers. Each deed referred to the recorded plan and also contained the following clause: "No mobile home shall be erected on any lot within Happy Acres." Sarah was one of the original purchasers from Oscar. In 1976, Oscar sold the remaining 40 lots and the 10-acre tract to Max by a deed which referred to the plan and contained the restriction relating to mobile homes. Max sold the 40 lots to individual purchasers and the 10-acre tract to Pete. None of the deeds from Max referred to the plan or contained any reference to mobile homes."Assume for this question only that in 1977 the school board of the district in which Happy Acres is situated has voted to erect a new school on the 10-acre tract. In an appropriate action between the school board and Pete to determine title, the result will be in favor of
0. Pete, because the school board has been guilty of laches.
1. Pete, because his deed did not refer to the subdivision plan.
2. the school board, because Pete had constructive notice of the proposed use of the tract.
3. the school board, because there has been a dedication and acceptance of the tract.
1000 acres, can control sprawl - related issues, yet may also strain the management capacity of local developers. : 87 = = = usable, public open space = = = there are multiple provisions puds must include in regards to available open spaces, which include, upon conditional approval, those concerning quantity, location, and maintenance of public areas. : 707 approval for such provisions can be satisfied by one of the following : satisfying a minimum acreage requirement relative to a specific number of dwelling units or a direct percentage of gross acreage ; approval from a planning board on the proposed location of the public, open space ; or cosigned maintenance agreements between residents — regardless of whether it be by a municipality or an organized residential community, like a homeowner'association or a community trust. : 707 – 708 the requirement of these aforementioned revisions is to ensure that open, public land, facilities, amenities, and necessities are well - kept for ease of public use and accessibility. : 92 = = = streets = = = street patterns can be used to change the neighborhood character of a residential community, particularly by allowing developers to flexibly arrange buildings without having to adhere to non - pud zoning regulations. wide, curvilinear, and cul - de - sac street patterns are examples. the usage of these street, round street patterns allow developers to cluster buildings and maximize available open space. existing street and block patterns, historic preservation, and reservation of ground - floor streetfronts for non - residential, commercial uses are also considered when a community approves a pud. : 556 = = = combining design features = = = the flexibility to include multiple amenities — like utilities, recreational facilities, schools, and parks — within a development unit is representative of how untraditional, euclidean zoning practices can increase the mixed - use capability of a given piece of land. : 76 pud project plans require a balance of residential, such as single - family homes and apartments, and non - residential requirements, ensuring that interacting individuals and vehicles are able to safely, and conveniently, navigate the varied buildings, spaces, and streets of puds. : 75 ownership and responsibility of such puds may be either public or private. = = references = =
= sales methods = = = = a company representative may contact an individual by telephone, in temporary shopping center booths, or at property shows and offer a strategic land investment in the uk. very often uk government or industry statistics, the proximity of the land to built up areas, or the recent history of uk house prices are quoted as a demonstration of why the land plot is a great investment. verbal communication will often indicate that the land is fast tracked for building approval and has strong potential as building land. when pricing the land reference is typically made to approved building land prices at the market peak. very often the land banking company will present detailed plans showing a housing development on the site. these plans are often referred to as " pre - approved ", " concept " or " predevelopment ". the sales person will focus on the potential future value of the land against the current selling price. no reference is ever made to the value of green belts or agricultural land, or the issues involved with long - term maintenance, or collectively selling tiny plots of land. the sales price is typically increased 10 – 100 times over the current value of the land. plans shown have no validity in uk planning law and cannot be considered an indication of progress in the planning process. no written contractual promise is ever given for planning permission despite the typically extreme optimism of the salesperson. the salesperson will typically never mention that the land is protected, or greenbelt land and cannot be developed under current planning regulations. there is typically no possibility of getting planning permission in any reasonable timeframe. the investor may end up paying a considerable amount of money for a small area of low - value land which has a very high risk of standing undeveloped. once the general public becomes aware of the lack of viability of the proposed plot investment scheme, the real value of the individual plots collapses. this is typically followed by the land plot company liquidating completely, or relocating to another legal jurisdiction. for customers that show a willingness to purchase such schemes, there may also be attempts to sell additional plot based land banking products at alternate locations, or other high yield investment programmes. customers may also be added to suckers lists which are then sold to other companies offering similar schemes. when the land banking plot company fails, plot investors may also be offered investment recovery or planning services for a fee. such services typically are fraudulent or fail and lead to a further loss of money for the investor. = = = = controversies = = = = a you and yours documentary, first aired on bbc radio 4 in december 2006
was donated to the national trust for historic preservation by the daughters of its final owner. the site was designated as a national historic landmark by the national park service. = = = maryland = = = the largest of this land was located in kent county, where 1, 365 acres where preserved through $ 5, 850, 144. 98 worth of easements. the hampton historical site is a 63 - acre preservation that includes the historic hampton mansion, gardens, historic farm buildings, slave quarters, and a family cemetery. in the face of suburban expansion and farming becoming less viable, the ridgely family decided to sell the remaining property to the national park service. the site was restored before reopening in 1950. in 2023, the maryland agricultural land preservation foundation was able to permanently preserve 4, 600 acres of farmland by using $ 16, 76732. 23 in easements. = = = minnesota = = = the minnesota land trust has been able to preserve approximately 79, 421 acres that span across 698 projects. the largest deal made by the trust was in 2021, with the purchase of 4 parcels valued at $ 4. 2 million. upon purchase, the land was donated to st. louis county, who will manage the land for recreation, wildlife, and sustainable time harvest. in 2024, the krueger christmas tree farm completed easements that would preserve 36 of the 46 acres on their farm. = = = florida = = = in 2023, florida agriculture commissioner wilton simpson helped secure $ 300 million in funding for the rural and family lands protection program ( rflpp ). the program intends to provide funds easements for these farms, which in turn serve as a buffer to the florida wildlife corridor. the department of agriculture released rankings of 257 farms and placed trailhead blue springs at first, which is a 12, 098 acre cow ranch. the largest of these project is the adams ranch in osceola county, which is 24, 027 acres and is used for cattle production. in a joint effort by conservation florida and the natural resources conservation service, easements were placed on the xl ranch lightsey cove that helped protect 527 acres along the florida wildlife corridor. this ranch is also located within the avon park air force range sentinel landscape, which covers nearly 1. 7 million acres and homes parts of the everglades headwaters national wildlife refuge and conservation area. = = = connecticut = = = in connecticut, the farmland preservation program has preserved over 45, 300 acres of land across 373 farms. this includes the historic maple
s $ 6 million ( £2. 5m ). mp david heath requested a debate in the house of commons following the offering of 209 plots in the village of dean, saying that " while land banking may not be illegal it is undoubtedly a scam ". the uk land registry issued a press release on january 15, 2009 advising consumers that the land registry has published a guide warning against land banking investment schemes. land registry head of corporate legal services mike westcott rudd said that the public were being " misled about the prospects of obtaining planning permission ", with well - known banks and developers being falsely cited as partners in the project, and that in some cases forged land registry paperwork was being presented to suggest that planning approval existed where it did not. as a result of the significant controversy and media coverage land banking received, many directors and officials of companies involved were prosecuted and handed custodial sentences by the courts. = = = united states = = = = = = = government = = = = in 2011 new york state passed a land bank statute authorizing the establishment of nonprofits in each county to take title to vacant abandoned homes so they can be rehabilitated, sold or demolished in an orderly fashion. many counties upstate including erie county, onondaga county, schenectady county and albany county have abandoned homes as people moved to the suburbs. some properties have been abandoned due to back taxes and the city has taken title. the recent robo - signing settlement gave attorney general eric schneiderman the wherewithal to fund land banks in schenectady and albany. the state of michigan also has a land bank program. ohio passed land bank legislation in 2009. = = = = commercial = = = = land banking as an investment is nothing new to america. several self - made billionaires started by purchasing large tracts in california where the development opportunities had not yet arisen. people such as bob hope and donald trump have reaped tremendous rewards from buying large areas and holding the property until the market commanded a considerable return when sold. there have, however, also been many land scams in the us, such as the large areas of florida swampland which were sold as being suitable for real estate. florida land scams have history as far back as the 1920s florida land rush. many florida counties have traces of these land scams today. polk county, florida, in particular has been devastated with land banking scams. polk county, being the land that lies between the city of tampa, in hillsborough county florida and the city of
, which acts as a legal instrument to guide the growth, development and enhancement of the city. according to proponents, there must be a system of participation by the “ stake holders " in the preparation of plans. public meetings, hearings of objections and transparent processes of addressing objections, must be institutionalized. intelligent urbanism promotes public participation. local area plans must be prepared which address local issues and take into account local views and sentiments regarding plan objectives, configurations, standards and patterns. such plans lay out the sites of plots showing the roads, public open spaces, amenities areas and conservation sites. land pooling assures the beneficiaries from provision of public infrastructure and amenities proportionally contribute and that a few individuals do not suffer from reservations in the plan. according to proponents, there must be a system of floor area ratios to assure that the land and the services are not over pressured. no single plot owner should have more than the determined " fair share " of utilization of the access roads, amenities and utilities that service all of the sites. floor area ratios temper this relationship as regulated the manner in which public services are consumed. according to piu proponents, transfer of development rights benefits land owners whose properties have been reserved under the plan. it also benefits the local authorities that lack the financial resources to purchase lands to implement the structure plans. it benefits concentrated, city center project promoters who have to amortize expensive land purchases, by allowing them to purchase the development rights from the owners of reserved lands and to hand over those properties to the plan implementing authority. this allows the local authority to widen roads and to implement the structure plan. the local authority then transfers the needed development right to city center promoters. intelligent urbanism supports the use of architectural guidelines where there is a tradition to preserve and where precedents can be used to specify architectural elements, motifs and language in a manner, which intended to reinforce a cultural tradition. building designs must respect traditional elements, even though the components may vary greatly to integrate contemporary functions. even in a greenfield setting architectural guidelines are required to assure harmony and continuity of building proportions, scale, color, patterns, motifs, materials and facades. intelligent urbanism insists on safety, hygiene, durability and utility in the design and construction of buildings. where large numbers of people gather in schools, hospitals, and other public facilities that may become emergency shelters in disasters, special care must be exercised. a suitable building code is the proposed instrument to achieve these aims. piu proponents state that those who design buildings must be professionally qualified architects ; those
Answer:
|
Pete, because the school board has been guilty of laches.
| 0.3 |
House owns his home in City. On the lawn in front of his home and within five feet of the public sidewalk there was a large tree. The roots of the tree caused the sidewalk to buckle severely and become dangerous. An ordinance of City requires adjacent landowners to keep sidewalks in safe condition. House engaged Contractor to repair the sidewalk, leaving it to Contractor to decide how the repair should be made. Contractor dug up the sidewalk, cut back the roots of the tree, and laid a new sidewalk. Two days after House had paid Contractor the agreed price of the repair, the tree fell over onto the street and damaged a parked car belonging to Driver. Driver has asserted claims against House and Contractor, and both defendants admit that cutting the roots caused the tree to fall.The theory on which Driver is most likely to prevail against House is that House is
0. strictly liable, because the tree was on his property.
1. liable for Contractor's negligence if, to House's knowledge, Contractor was engaged in hazardous activity.
2. liable, because he assumed responsibility when he paid Contractor for the repair.
3. liable on the basis of respondeat superior
affected by driver's being blinded by lights other than those of a motor vehicle ". american law reports - - annotated, 3rd series. vol. 64. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 760. wade r. habeeb ( c. 2009 ). " liability or recovery in automobile negligence action as affected by driver's being blinded by lights of motor vehicle ". american law reports - - annotated, 3rd series. vol. 64. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 551. l. s. tellier ( 2011 ). " right and duty of motorist on through, favored, or arterial street or highway to proceed where lateral view at intersection is obstructed by physical obstacle ". american law reports - - annotated, 2nd series. vol. 59. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1202. " " assured clear distance " statute or rule as applied at hill or curve ". american law reports - - annotated. vol. 133. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 967. " application of " assured clear distance ahead " or " radius of lights " doctrine to accident involving pedestrian crossing the street or highway ". american law reports - - annotated, 2nd series. vol. 31. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1424. " driving automobile at speed which prevents stopping within range of vision as negligence ". american law reports - - annotated, 2nd series. vol. 44, 58, 87, 97. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1403 ; 1493 ; 900 ; 546. " driver's failure to maintain proper distance from motor vehicle ahead ". american law reports - - annotated, 2nd series. vol. 85. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 613. " motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west
beyond the proximate edge of clear visibility and choose such a speed accordingly, transfers classic common law liability from that driver for his or her " blind " actions. this duty to assure clear distance ahead is inevitably transferred, as an externality to everybody or thing else who must instead warn the driver, such as the government, its road engineers, and maintainers. as it is generally probable and foreseeable that, chance will permit, and at some point there will be an obstruction beyond some driver's line of sight, such an entitlement challenges centuries of precedent in negligence doctrine in addition to posing difficult policy and engineering challenges. it also violates the calculus of negligence because speed is an inherent factor in vehicular accidents which are a leading cause of priceless life loss and lawsuits, and the burden of a precautions speed is radically lower than the former. the assumption of risk resulting from the unsafe activity of driving faster than one can stop within one's vision, does not depend ex post facto on what you happened to hit, for which by nature you could not have known ; it could have been a moose or a luxury car. furthermore, modern times still provide no legal remedies for darwinian misfortune upon the entire class of unwarnable accidents where drivers and their passengers would not have collided into the likes of a moose, livestock, fallen tree, rock, jetsam, horse - drawn vehicle, stalled vehicle, school bus, garbage truck, mail carrier, snowplow, washout, snow drift, or slid off the road, were it not for their decisions to drive faster than dictated by the assured clear distance ahead. regardless of what behavior an authority might encourage by fabricating new rights, it remains timeless that constituents cannot sue the wind for causing a wreck when it inevitably violates a " modern right to drive faster than permitted by the acda " by failing to warn them it knocked down a tree in a forest with many trees which all eventually fell. in this specific regard, jurisdictions which grant drivers the liberty to be fools from their own folly, are also condoning the collateral damage and life loss which is expected to occur. moreover, modern life - entrusting consumers of driving services and driverless cars who suffer such caused injury are left without legal remedy for foreseeable outcome of imprudent speed ; this in - turn unnecessarily transfers a substantive portion of the acda liability space into act of god, government claims, strict liability, or other findings from legal fiction which the justice system
public liability is part of the law of tort which focuses on civil wrongs. an applicant ( the injured party ) usually sues the respondent ( the owner or occupier ) under common law based on negligence and / or damages. claims are usually successful when it can be shown that the owner / occupier was responsible for an injury, therefore they breached their duty of care. the duty of care is very complex, but in basic terms it is the standard by which one would expect to be treated whilst one is in the care of another. once a breach of duty of care has been established, an action brought in a common law court would most likely be successful. based on the injuries and the losses of the applicant, the court would award a financial compensation package. = = the law of insurance and public liability = = in the course of managing any property, one is obligated to comply with laws and statutes administered by government and municipal bodies. these bodies impose various liabilities, of which the property owner / manager should be aware. the most common examples of statute liability are in areas where an individual is required by law to effect insurance, e. g., workers'compensation and motor vehicle compulsory third party. property, hotel, and operations managers should become familiar with the various types of contracts involved in commercial and retail activities. these cover a wide field, but the more significant contracts are : the head lease or the management agreements tenancy and casual leasing agreements contracts with independent contractors for cleaning, lift and escalator maintenance, air conditioning and fire protection maintenance, etc. the major contractual liability from an insurance viewpoint is undoubtedly found in head lease and management agreements. these require the manager or head lessee to fully maintain, repair and replace the property, if damaged, until expiration of the agreement or lease. furthermore, the contracts usually require an indemnity to the owner against liabilities imposed upon the business for injuries and property damage arising out of the use, occupation, or management of the property. every contract contains covenants imposing responsibilities on one or other of the parties. these should be carefully examined to ensure they are not unduly onerous. a city even could be liable for damage to vehicles or injuries to a person, if they have not maintained the streets and the sidewalks well. = = degrees of duty of care = = owner / occupiers are required to provide a certain level of care. the duty of care is not the same for all people. it is dependent on a number
public liability is part of the law of tort which focuses on civil wrongs. an applicant ( the injured party ) usually sues the respondent ( the owner or occupier ) under common law based on negligence and / or damages. claims are usually successful when it can be shown that the owner / occupier was responsible for an injury, therefore they breached their duty of care. the duty of care is very complex, but in basic terms it is the standard by which one would expect to be treated whilst one is in the care of another. once a breach of duty of care has been established, an action brought in a common law court would most likely be successful. based on the injuries and the losses of the applicant, the court would award a financial compensation package. = = the law of insurance and public liability = = in the course of managing any property, one is obligated to comply with laws and statutes administered by government and municipal bodies. these bodies impose various liabilities, of which the property owner / manager should be aware. the most common examples of statute liability are in areas where an individual is required by law to effect insurance, e. g., workers'compensation and motor vehicle compulsory third party. property, hotel, and operations managers should become familiar with the various types of contracts involved in commercial and retail activities. these cover a wide field, but the more significant contracts are : the head lease or the management agreements tenancy and casual leasing agreements contracts with independent contractors for cleaning, lift and escalator maintenance, air conditioning and fire protection maintenance, etc. the major contractual liability from an insurance viewpoint is undoubtedly found in head lease and management agreements. these require the manager or head lessee to fully maintain, repair and replace the property, if damaged, until expiration of the agreement or lease. furthermore, the contracts usually require an indemnity to the owner against liabilities imposed upon the business for injuries and property damage arising out of the use, occupation, or management of the property. every contract contains covenants imposing responsibilities on one or other of the parties. these should be carefully examined to ensure they are not unduly onerous. a city even could be liable for damage to vehicles or injuries to a person, if they have not maintained the streets and the sidewalks well. = = degrees of duty of care = = owner / occupiers are required to provide a certain level of care. the duty of care is not the same for all people. it is dependent on a number
" motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 933. " duty and liability of vehicle driver blinded by glare of lights ". american law reports - - annotated, 2nd series. vol. 22. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 292. " liability for killing or injuring, by motor vehicle, livestock or fowl on highway ". american law reports - - annotated, 4th series. vol. 55. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 822. r. j. h. ( january 1937 ). " the uniform motor vehicle act in virginia ". virginia law review. 23 ( 3 ) : 351 – 358. doi : 10. 2307 / 1067282. jstor 1067282. d. m. postlewaite ( 1935 ). " negligence - - doctrine of assured clear distance ahead - - statute as subjective test ". law journal of the student bar association of the ohio state university. 1 ( 3 ) : 284 – 287. hdl : 1811 / 72043. issn 0048 - 1572. thomas stanton ( july 1935 ). " negligence and contributory negligence per se : the " range of vision " and " blinding lights " rules in automobile accident cases ". california law review. 23 ( 5 ) : 498 – 506. doi : 10. 2307 / 3476106. jstor 3476106. myron l. garon ( autumn 1952 ). " recent developments in california's last clear chance doctrine ". california law review. 40 ( 3 ) : 404 – 411. doi : 10. 2307 / 3477930. jstor 3477930. murray carl lertzman ( 1954 ). " the assured clear distance ahead rule in ohio ". case western reserve law review. 5 ( 1 ) : 77 – 83. herbert a. bernhard ( december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 – 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r
Answer:
|
liable for Contractor's negligence if, to House's knowledge, Contractor was engaged in hazardous activity.
| null |
House owns his home in City. On the lawn in front of his home and within five feet of the public sidewalk there was a large tree. The roots of the tree caused the sidewalk to buckle severely and become dangerous. An ordinance of City requires adjacent landowners to keep sidewalks in safe condition. House engaged Contractor to repair the sidewalk, leaving it to Contractor to decide how the repair should be made. Contractor dug up the sidewalk, cut back the roots of the tree, and laid a new sidewalk. Two days after House had paid Contractor the agreed price of the repair, the tree fell over onto the street and damaged a parked car belonging to Driver. Driver has asserted claims against House and Contractor, and both defendants admit that cutting the roots caused the tree to fall.The theory on which Driver is most likely to prevail against House is that House is
0. strictly liable, because the tree was on his property.
1. liable for Contractor's negligence if, to House's knowledge, Contractor was engaged in hazardous activity.
2. liable, because he assumed responsibility when he paid Contractor for the repair.
3. liable on the basis of respondeat superior
affected by driver's being blinded by lights other than those of a motor vehicle ". american law reports - - annotated, 3rd series. vol. 64. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 760. wade r. habeeb ( c. 2009 ). " liability or recovery in automobile negligence action as affected by driver's being blinded by lights of motor vehicle ". american law reports - - annotated, 3rd series. vol. 64. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 551. l. s. tellier ( 2011 ). " right and duty of motorist on through, favored, or arterial street or highway to proceed where lateral view at intersection is obstructed by physical obstacle ". american law reports - - annotated, 2nd series. vol. 59. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1202. " " assured clear distance " statute or rule as applied at hill or curve ". american law reports - - annotated. vol. 133. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 967. " application of " assured clear distance ahead " or " radius of lights " doctrine to accident involving pedestrian crossing the street or highway ". american law reports - - annotated, 2nd series. vol. 31. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1424. " driving automobile at speed which prevents stopping within range of vision as negligence ". american law reports - - annotated, 2nd series. vol. 44, 58, 87, 97. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1403 ; 1493 ; 900 ; 546. " driver's failure to maintain proper distance from motor vehicle ahead ". american law reports - - annotated, 2nd series. vol. 85. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 613. " motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west
beyond the proximate edge of clear visibility and choose such a speed accordingly, transfers classic common law liability from that driver for his or her " blind " actions. this duty to assure clear distance ahead is inevitably transferred, as an externality to everybody or thing else who must instead warn the driver, such as the government, its road engineers, and maintainers. as it is generally probable and foreseeable that, chance will permit, and at some point there will be an obstruction beyond some driver's line of sight, such an entitlement challenges centuries of precedent in negligence doctrine in addition to posing difficult policy and engineering challenges. it also violates the calculus of negligence because speed is an inherent factor in vehicular accidents which are a leading cause of priceless life loss and lawsuits, and the burden of a precautions speed is radically lower than the former. the assumption of risk resulting from the unsafe activity of driving faster than one can stop within one's vision, does not depend ex post facto on what you happened to hit, for which by nature you could not have known ; it could have been a moose or a luxury car. furthermore, modern times still provide no legal remedies for darwinian misfortune upon the entire class of unwarnable accidents where drivers and their passengers would not have collided into the likes of a moose, livestock, fallen tree, rock, jetsam, horse - drawn vehicle, stalled vehicle, school bus, garbage truck, mail carrier, snowplow, washout, snow drift, or slid off the road, were it not for their decisions to drive faster than dictated by the assured clear distance ahead. regardless of what behavior an authority might encourage by fabricating new rights, it remains timeless that constituents cannot sue the wind for causing a wreck when it inevitably violates a " modern right to drive faster than permitted by the acda " by failing to warn them it knocked down a tree in a forest with many trees which all eventually fell. in this specific regard, jurisdictions which grant drivers the liberty to be fools from their own folly, are also condoning the collateral damage and life loss which is expected to occur. moreover, modern life - entrusting consumers of driving services and driverless cars who suffer such caused injury are left without legal remedy for foreseeable outcome of imprudent speed ; this in - turn unnecessarily transfers a substantive portion of the acda liability space into act of god, government claims, strict liability, or other findings from legal fiction which the justice system
public liability is part of the law of tort which focuses on civil wrongs. an applicant ( the injured party ) usually sues the respondent ( the owner or occupier ) under common law based on negligence and / or damages. claims are usually successful when it can be shown that the owner / occupier was responsible for an injury, therefore they breached their duty of care. the duty of care is very complex, but in basic terms it is the standard by which one would expect to be treated whilst one is in the care of another. once a breach of duty of care has been established, an action brought in a common law court would most likely be successful. based on the injuries and the losses of the applicant, the court would award a financial compensation package. = = the law of insurance and public liability = = in the course of managing any property, one is obligated to comply with laws and statutes administered by government and municipal bodies. these bodies impose various liabilities, of which the property owner / manager should be aware. the most common examples of statute liability are in areas where an individual is required by law to effect insurance, e. g., workers'compensation and motor vehicle compulsory third party. property, hotel, and operations managers should become familiar with the various types of contracts involved in commercial and retail activities. these cover a wide field, but the more significant contracts are : the head lease or the management agreements tenancy and casual leasing agreements contracts with independent contractors for cleaning, lift and escalator maintenance, air conditioning and fire protection maintenance, etc. the major contractual liability from an insurance viewpoint is undoubtedly found in head lease and management agreements. these require the manager or head lessee to fully maintain, repair and replace the property, if damaged, until expiration of the agreement or lease. furthermore, the contracts usually require an indemnity to the owner against liabilities imposed upon the business for injuries and property damage arising out of the use, occupation, or management of the property. every contract contains covenants imposing responsibilities on one or other of the parties. these should be carefully examined to ensure they are not unduly onerous. a city even could be liable for damage to vehicles or injuries to a person, if they have not maintained the streets and the sidewalks well. = = degrees of duty of care = = owner / occupiers are required to provide a certain level of care. the duty of care is not the same for all people. it is dependent on a number
public liability is part of the law of tort which focuses on civil wrongs. an applicant ( the injured party ) usually sues the respondent ( the owner or occupier ) under common law based on negligence and / or damages. claims are usually successful when it can be shown that the owner / occupier was responsible for an injury, therefore they breached their duty of care. the duty of care is very complex, but in basic terms it is the standard by which one would expect to be treated whilst one is in the care of another. once a breach of duty of care has been established, an action brought in a common law court would most likely be successful. based on the injuries and the losses of the applicant, the court would award a financial compensation package. = = the law of insurance and public liability = = in the course of managing any property, one is obligated to comply with laws and statutes administered by government and municipal bodies. these bodies impose various liabilities, of which the property owner / manager should be aware. the most common examples of statute liability are in areas where an individual is required by law to effect insurance, e. g., workers'compensation and motor vehicle compulsory third party. property, hotel, and operations managers should become familiar with the various types of contracts involved in commercial and retail activities. these cover a wide field, but the more significant contracts are : the head lease or the management agreements tenancy and casual leasing agreements contracts with independent contractors for cleaning, lift and escalator maintenance, air conditioning and fire protection maintenance, etc. the major contractual liability from an insurance viewpoint is undoubtedly found in head lease and management agreements. these require the manager or head lessee to fully maintain, repair and replace the property, if damaged, until expiration of the agreement or lease. furthermore, the contracts usually require an indemnity to the owner against liabilities imposed upon the business for injuries and property damage arising out of the use, occupation, or management of the property. every contract contains covenants imposing responsibilities on one or other of the parties. these should be carefully examined to ensure they are not unduly onerous. a city even could be liable for damage to vehicles or injuries to a person, if they have not maintained the streets and the sidewalks well. = = degrees of duty of care = = owner / occupiers are required to provide a certain level of care. the duty of care is not the same for all people. it is dependent on a number
" motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 933. " duty and liability of vehicle driver blinded by glare of lights ". american law reports - - annotated, 2nd series. vol. 22. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 292. " liability for killing or injuring, by motor vehicle, livestock or fowl on highway ". american law reports - - annotated, 4th series. vol. 55. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 822. r. j. h. ( january 1937 ). " the uniform motor vehicle act in virginia ". virginia law review. 23 ( 3 ) : 351 – 358. doi : 10. 2307 / 1067282. jstor 1067282. d. m. postlewaite ( 1935 ). " negligence - - doctrine of assured clear distance ahead - - statute as subjective test ". law journal of the student bar association of the ohio state university. 1 ( 3 ) : 284 – 287. hdl : 1811 / 72043. issn 0048 - 1572. thomas stanton ( july 1935 ). " negligence and contributory negligence per se : the " range of vision " and " blinding lights " rules in automobile accident cases ". california law review. 23 ( 5 ) : 498 – 506. doi : 10. 2307 / 3476106. jstor 3476106. myron l. garon ( autumn 1952 ). " recent developments in california's last clear chance doctrine ". california law review. 40 ( 3 ) : 404 – 411. doi : 10. 2307 / 3477930. jstor 3477930. murray carl lertzman ( 1954 ). " the assured clear distance ahead rule in ohio ". case western reserve law review. 5 ( 1 ) : 77 – 83. herbert a. bernhard ( december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 – 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r
Answer:
|
liable, because he assumed responsibility when he paid Contractor for the repair.
| 0.3 |
House owns his home in City. On the lawn in front of his home and within five feet of the public sidewalk there was a large tree. The roots of the tree caused the sidewalk to buckle severely and become dangerous. An ordinance of City requires adjacent landowners to keep sidewalks in safe condition. House engaged Contractor to repair the sidewalk, leaving it to Contractor to decide how the repair should be made. Contractor dug up the sidewalk, cut back the roots of the tree, and laid a new sidewalk. Two days after House had paid Contractor the agreed price of the repair, the tree fell over onto the street and damaged a parked car belonging to Driver. Driver has asserted claims against House and Contractor, and both defendants admit that cutting the roots caused the tree to fall.In the claim of Driver against Contractor, the best defense of Contractor is that
0. the tree was on the property of House.
1. he repaired the sidewalk at the direction of House.
2. he could not reasonably foresee that the tree would fall.
3. he was relieved of liability when House paid for the repair
affected by driver's being blinded by lights other than those of a motor vehicle ". american law reports - - annotated, 3rd series. vol. 64. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 760. wade r. habeeb ( c. 2009 ). " liability or recovery in automobile negligence action as affected by driver's being blinded by lights of motor vehicle ". american law reports - - annotated, 3rd series. vol. 64. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 551. l. s. tellier ( 2011 ). " right and duty of motorist on through, favored, or arterial street or highway to proceed where lateral view at intersection is obstructed by physical obstacle ". american law reports - - annotated, 2nd series. vol. 59. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1202. " " assured clear distance " statute or rule as applied at hill or curve ". american law reports - - annotated. vol. 133. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 967. " application of " assured clear distance ahead " or " radius of lights " doctrine to accident involving pedestrian crossing the street or highway ". american law reports - - annotated, 2nd series. vol. 31. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1424. " driving automobile at speed which prevents stopping within range of vision as negligence ". american law reports - - annotated, 2nd series. vol. 44, 58, 87, 97. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1403 ; 1493 ; 900 ; 546. " driver's failure to maintain proper distance from motor vehicle ahead ". american law reports - - annotated, 2nd series. vol. 85. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 613. " motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west
december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 – 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r. day ( december 1969 ). " assured clear distance doctrine in louisiana ". louisiana law review. 30 ( 1 ) : 129 – 139. alfred a. sniadowski ; john de mots ; charles s. reddy ; frank e. bright ( 1938 ). " recent decisions ". notre dame law review. 13 ( 4 ). richard m. nixon ( october 1936 ). " changing rules of liability in automobile accident litigation ". law and contemporary problems. 3 ( 4 ) : 476 – 490. doi : 10. 2307 / 1189341. issn 0023 - 9186. jstor 1189341. = = = = other printed resources = = = = david a. sklansky ( february 16, 2012 ). " ch. 9, 11, & 12 ". evidence : cases, commentary and problems ( 3 ed. ). aspen publishers. isbn 9781454806820. marc green ; et al. ( 2008 ). forensic vision with application to highway safety ( 3 ed. ). lawyers & judges publishing company, inc. p. 454. isbn 9781933264547. j. stannard baker ( 1963 ). traffic accident investigator's manual for police ( 2 ed. ). the traffic institute, northwestern university. pp. 44 – 48, 162 – 167. lccn 62 - 20895. a policy on geometric design of highways and streets ( 6th ed. ). american association of state highway and transportation officials. 2011. isbn 978 - 1560515081. brian wolshon ; anurag pande ( 2015 ). traffic engineering handbook ( 7th ed. ). institute of traffic engineers. isbn 978 - 1 - 118 - 76230 - 1. john c. glennon ; paul f. hill ( 2004 ). roadway safety and tort liability ( 2 ed. ). lawyers & judges publishing company, inc. isbn 978 - 1930056947. national cooperative highway research program ( 1997 ). nchrp report 400 : determination of stopping sight distances ( pdf ). transportation research board ( national academy press ). isbn 978 - 0 - 309 - 06073 - 8. national center for statistics and analysis ( 2015 ). 2013 traffic
red light, and the need to identify the actual violator has led to the creation of a unique investigatory tool, the fake " ticket. " groups opposing the use of red light cameras have argued that where the cameras are not set up to identify the vehicle driver, owner liability issues are raised. it is perceived by some that the owner of the vehicle is unfairly penalized by being considered liable for red - light violations although they may not have been the driver at the time of the offense. in most jurisdictions the liability for red light violations is a civil offense, rather than a criminal citation, issued upon the vehicle owner — similar to a parking ticket. the issue of owner liability has been addressed in the us courts, with a ruling in the district of columbia court of appeals in 2007, which agreed with a lower court when it found that the presumption of liability of the owners of vehicles issued citations does not violate due process rights. this ruling was supported by a 2009 7th us circuit court of appeals ruling in which it was held that issuing citations to vehicle owners ( or lessees ) is constitutional. the court stated that it also encourages drivers to be cautious in lending their vehicles to others. the argument that red light cameras violate the privacy of citizens, has also been addressed in the us courts. according to a 2009 ruling by the 7th us circuit court of appeals, " no one has a fundamental right to run a red light or avoid being seen by a camera on a public street. " in addition, cameras only take photographs or video when a vehicle has run a red light and, in most states, the camera does not photograph the driver or the occupants of the vehicle. it is also argued that such cameras violate the sixth amendment's confrontation clause and the right to be assumed innocent until proven guilty. in most areas, red light enforcement cameras are installed and maintained by private firms. lawsuits have been raised challenging private companies'rights to hand out citations, such as a december 2008 lawsuit challenging the city of dallas'red light camera program, which was dismissed in march 2009. in most cases, citations are issued by law enforcement officers using the evidence provided by the companies. there have been many instances where cities in the us have been found to have too - short yellow - light intervals at some intersections where red light cameras have been installed. in tennessee, 176 drivers were refunded for fines paid after it was discovered that the length of the yellow was too short for that location, and motorists were caught running the light in the first second of the
" motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 933. " duty and liability of vehicle driver blinded by glare of lights ". american law reports - - annotated, 2nd series. vol. 22. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 292. " liability for killing or injuring, by motor vehicle, livestock or fowl on highway ". american law reports - - annotated, 4th series. vol. 55. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 822. r. j. h. ( january 1937 ). " the uniform motor vehicle act in virginia ". virginia law review. 23 ( 3 ) : 351 – 358. doi : 10. 2307 / 1067282. jstor 1067282. d. m. postlewaite ( 1935 ). " negligence - - doctrine of assured clear distance ahead - - statute as subjective test ". law journal of the student bar association of the ohio state university. 1 ( 3 ) : 284 – 287. hdl : 1811 / 72043. issn 0048 - 1572. thomas stanton ( july 1935 ). " negligence and contributory negligence per se : the " range of vision " and " blinding lights " rules in automobile accident cases ". california law review. 23 ( 5 ) : 498 – 506. doi : 10. 2307 / 3476106. jstor 3476106. myron l. garon ( autumn 1952 ). " recent developments in california's last clear chance doctrine ". california law review. 40 ( 3 ) : 404 – 411. doi : 10. 2307 / 3477930. jstor 3477930. murray carl lertzman ( 1954 ). " the assured clear distance ahead rule in ohio ". case western reserve law review. 5 ( 1 ) : 77 – 83. herbert a. bernhard ( december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 – 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r
beyond the proximate edge of clear visibility and choose such a speed accordingly, transfers classic common law liability from that driver for his or her " blind " actions. this duty to assure clear distance ahead is inevitably transferred, as an externality to everybody or thing else who must instead warn the driver, such as the government, its road engineers, and maintainers. as it is generally probable and foreseeable that, chance will permit, and at some point there will be an obstruction beyond some driver's line of sight, such an entitlement challenges centuries of precedent in negligence doctrine in addition to posing difficult policy and engineering challenges. it also violates the calculus of negligence because speed is an inherent factor in vehicular accidents which are a leading cause of priceless life loss and lawsuits, and the burden of a precautions speed is radically lower than the former. the assumption of risk resulting from the unsafe activity of driving faster than one can stop within one's vision, does not depend ex post facto on what you happened to hit, for which by nature you could not have known ; it could have been a moose or a luxury car. furthermore, modern times still provide no legal remedies for darwinian misfortune upon the entire class of unwarnable accidents where drivers and their passengers would not have collided into the likes of a moose, livestock, fallen tree, rock, jetsam, horse - drawn vehicle, stalled vehicle, school bus, garbage truck, mail carrier, snowplow, washout, snow drift, or slid off the road, were it not for their decisions to drive faster than dictated by the assured clear distance ahead. regardless of what behavior an authority might encourage by fabricating new rights, it remains timeless that constituents cannot sue the wind for causing a wreck when it inevitably violates a " modern right to drive faster than permitted by the acda " by failing to warn them it knocked down a tree in a forest with many trees which all eventually fell. in this specific regard, jurisdictions which grant drivers the liberty to be fools from their own folly, are also condoning the collateral damage and life loss which is expected to occur. moreover, modern life - entrusting consumers of driving services and driverless cars who suffer such caused injury are left without legal remedy for foreseeable outcome of imprudent speed ; this in - turn unnecessarily transfers a substantive portion of the acda liability space into act of god, government claims, strict liability, or other findings from legal fiction which the justice system
Answer:
|
he could not reasonably foresee that the tree would fall.
| null |
House owns his home in City. On the lawn in front of his home and within five feet of the public sidewalk there was a large tree. The roots of the tree caused the sidewalk to buckle severely and become dangerous. An ordinance of City requires adjacent landowners to keep sidewalks in safe condition. House engaged Contractor to repair the sidewalk, leaving it to Contractor to decide how the repair should be made. Contractor dug up the sidewalk, cut back the roots of the tree, and laid a new sidewalk. Two days after House had paid Contractor the agreed price of the repair, the tree fell over onto the street and damaged a parked car belonging to Driver. Driver has asserted claims against House and Contractor, and both defendants admit that cutting the roots caused the tree to fall.In the claim of Driver against Contractor, the best defense of Contractor is that
0. the tree was on the property of House.
1. he repaired the sidewalk at the direction of House.
2. he could not reasonably foresee that the tree would fall.
3. he was relieved of liability when House paid for the repair
affected by driver's being blinded by lights other than those of a motor vehicle ". american law reports - - annotated, 3rd series. vol. 64. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 760. wade r. habeeb ( c. 2009 ). " liability or recovery in automobile negligence action as affected by driver's being blinded by lights of motor vehicle ". american law reports - - annotated, 3rd series. vol. 64. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 551. l. s. tellier ( 2011 ). " right and duty of motorist on through, favored, or arterial street or highway to proceed where lateral view at intersection is obstructed by physical obstacle ". american law reports - - annotated, 2nd series. vol. 59. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1202. " " assured clear distance " statute or rule as applied at hill or curve ". american law reports - - annotated. vol. 133. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 967. " application of " assured clear distance ahead " or " radius of lights " doctrine to accident involving pedestrian crossing the street or highway ". american law reports - - annotated, 2nd series. vol. 31. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1424. " driving automobile at speed which prevents stopping within range of vision as negligence ". american law reports - - annotated, 2nd series. vol. 44, 58, 87, 97. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1403 ; 1493 ; 900 ; 546. " driver's failure to maintain proper distance from motor vehicle ahead ". american law reports - - annotated, 2nd series. vol. 85. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 613. " motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west
december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 – 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r. day ( december 1969 ). " assured clear distance doctrine in louisiana ". louisiana law review. 30 ( 1 ) : 129 – 139. alfred a. sniadowski ; john de mots ; charles s. reddy ; frank e. bright ( 1938 ). " recent decisions ". notre dame law review. 13 ( 4 ). richard m. nixon ( october 1936 ). " changing rules of liability in automobile accident litigation ". law and contemporary problems. 3 ( 4 ) : 476 – 490. doi : 10. 2307 / 1189341. issn 0023 - 9186. jstor 1189341. = = = = other printed resources = = = = david a. sklansky ( february 16, 2012 ). " ch. 9, 11, & 12 ". evidence : cases, commentary and problems ( 3 ed. ). aspen publishers. isbn 9781454806820. marc green ; et al. ( 2008 ). forensic vision with application to highway safety ( 3 ed. ). lawyers & judges publishing company, inc. p. 454. isbn 9781933264547. j. stannard baker ( 1963 ). traffic accident investigator's manual for police ( 2 ed. ). the traffic institute, northwestern university. pp. 44 – 48, 162 – 167. lccn 62 - 20895. a policy on geometric design of highways and streets ( 6th ed. ). american association of state highway and transportation officials. 2011. isbn 978 - 1560515081. brian wolshon ; anurag pande ( 2015 ). traffic engineering handbook ( 7th ed. ). institute of traffic engineers. isbn 978 - 1 - 118 - 76230 - 1. john c. glennon ; paul f. hill ( 2004 ). roadway safety and tort liability ( 2 ed. ). lawyers & judges publishing company, inc. isbn 978 - 1930056947. national cooperative highway research program ( 1997 ). nchrp report 400 : determination of stopping sight distances ( pdf ). transportation research board ( national academy press ). isbn 978 - 0 - 309 - 06073 - 8. national center for statistics and analysis ( 2015 ). 2013 traffic
red light, and the need to identify the actual violator has led to the creation of a unique investigatory tool, the fake " ticket. " groups opposing the use of red light cameras have argued that where the cameras are not set up to identify the vehicle driver, owner liability issues are raised. it is perceived by some that the owner of the vehicle is unfairly penalized by being considered liable for red - light violations although they may not have been the driver at the time of the offense. in most jurisdictions the liability for red light violations is a civil offense, rather than a criminal citation, issued upon the vehicle owner — similar to a parking ticket. the issue of owner liability has been addressed in the us courts, with a ruling in the district of columbia court of appeals in 2007, which agreed with a lower court when it found that the presumption of liability of the owners of vehicles issued citations does not violate due process rights. this ruling was supported by a 2009 7th us circuit court of appeals ruling in which it was held that issuing citations to vehicle owners ( or lessees ) is constitutional. the court stated that it also encourages drivers to be cautious in lending their vehicles to others. the argument that red light cameras violate the privacy of citizens, has also been addressed in the us courts. according to a 2009 ruling by the 7th us circuit court of appeals, " no one has a fundamental right to run a red light or avoid being seen by a camera on a public street. " in addition, cameras only take photographs or video when a vehicle has run a red light and, in most states, the camera does not photograph the driver or the occupants of the vehicle. it is also argued that such cameras violate the sixth amendment's confrontation clause and the right to be assumed innocent until proven guilty. in most areas, red light enforcement cameras are installed and maintained by private firms. lawsuits have been raised challenging private companies'rights to hand out citations, such as a december 2008 lawsuit challenging the city of dallas'red light camera program, which was dismissed in march 2009. in most cases, citations are issued by law enforcement officers using the evidence provided by the companies. there have been many instances where cities in the us have been found to have too - short yellow - light intervals at some intersections where red light cameras have been installed. in tennessee, 176 drivers were refunded for fines paid after it was discovered that the length of the yellow was too short for that location, and motorists were caught running the light in the first second of the
" motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 933. " duty and liability of vehicle driver blinded by glare of lights ". american law reports - - annotated, 2nd series. vol. 22. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 292. " liability for killing or injuring, by motor vehicle, livestock or fowl on highway ". american law reports - - annotated, 4th series. vol. 55. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 822. r. j. h. ( january 1937 ). " the uniform motor vehicle act in virginia ". virginia law review. 23 ( 3 ) : 351 – 358. doi : 10. 2307 / 1067282. jstor 1067282. d. m. postlewaite ( 1935 ). " negligence - - doctrine of assured clear distance ahead - - statute as subjective test ". law journal of the student bar association of the ohio state university. 1 ( 3 ) : 284 – 287. hdl : 1811 / 72043. issn 0048 - 1572. thomas stanton ( july 1935 ). " negligence and contributory negligence per se : the " range of vision " and " blinding lights " rules in automobile accident cases ". california law review. 23 ( 5 ) : 498 – 506. doi : 10. 2307 / 3476106. jstor 3476106. myron l. garon ( autumn 1952 ). " recent developments in california's last clear chance doctrine ". california law review. 40 ( 3 ) : 404 – 411. doi : 10. 2307 / 3477930. jstor 3477930. murray carl lertzman ( 1954 ). " the assured clear distance ahead rule in ohio ". case western reserve law review. 5 ( 1 ) : 77 – 83. herbert a. bernhard ( december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 – 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r
beyond the proximate edge of clear visibility and choose such a speed accordingly, transfers classic common law liability from that driver for his or her " blind " actions. this duty to assure clear distance ahead is inevitably transferred, as an externality to everybody or thing else who must instead warn the driver, such as the government, its road engineers, and maintainers. as it is generally probable and foreseeable that, chance will permit, and at some point there will be an obstruction beyond some driver's line of sight, such an entitlement challenges centuries of precedent in negligence doctrine in addition to posing difficult policy and engineering challenges. it also violates the calculus of negligence because speed is an inherent factor in vehicular accidents which are a leading cause of priceless life loss and lawsuits, and the burden of a precautions speed is radically lower than the former. the assumption of risk resulting from the unsafe activity of driving faster than one can stop within one's vision, does not depend ex post facto on what you happened to hit, for which by nature you could not have known ; it could have been a moose or a luxury car. furthermore, modern times still provide no legal remedies for darwinian misfortune upon the entire class of unwarnable accidents where drivers and their passengers would not have collided into the likes of a moose, livestock, fallen tree, rock, jetsam, horse - drawn vehicle, stalled vehicle, school bus, garbage truck, mail carrier, snowplow, washout, snow drift, or slid off the road, were it not for their decisions to drive faster than dictated by the assured clear distance ahead. regardless of what behavior an authority might encourage by fabricating new rights, it remains timeless that constituents cannot sue the wind for causing a wreck when it inevitably violates a " modern right to drive faster than permitted by the acda " by failing to warn them it knocked down a tree in a forest with many trees which all eventually fell. in this specific regard, jurisdictions which grant drivers the liberty to be fools from their own folly, are also condoning the collateral damage and life loss which is expected to occur. moreover, modern life - entrusting consumers of driving services and driverless cars who suffer such caused injury are left without legal remedy for foreseeable outcome of imprudent speed ; this in - turn unnecessarily transfers a substantive portion of the acda liability space into act of god, government claims, strict liability, or other findings from legal fiction which the justice system
Answer:
|
he repaired the sidewalk at the direction of House.
| 0.3 |
House owns his home in City. On the lawn in front of his home and within five feet of the public sidewalk there was a large tree. The roots of the tree caused the sidewalk to buckle severely and become dangerous. An ordinance of City requires adjacent landowners to keep sidewalks in safe condition. House engaged Contractor to repair the sidewalk, leaving it to Contractor to decide how the repair should be made. Contractor dug up the sidewalk, cut back the roots of the tree, and laid a new sidewalk. Two days after House had paid Contractor the agreed price of the repair, the tree fell over onto the street and damaged a parked car belonging to Driver. Driver has asserted claims against House and Contractor, and both defendants admit that cutting the roots caused the tree to fall.If Driver recovers a judgment against House, does House have any recourse against Contractor?
0. No, if payment by House was an acceptance of the work.
1. No, because House selected Contractor to do the work.
2. Yes, if the judgment against House was based on vicarious liability.
3. Yes, because House's conduct was not a factual cause of the harm.
affected by driver's being blinded by lights other than those of a motor vehicle ". american law reports - - annotated, 3rd series. vol. 64. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 760. wade r. habeeb ( c. 2009 ). " liability or recovery in automobile negligence action as affected by driver's being blinded by lights of motor vehicle ". american law reports - - annotated, 3rd series. vol. 64. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 551. l. s. tellier ( 2011 ). " right and duty of motorist on through, favored, or arterial street or highway to proceed where lateral view at intersection is obstructed by physical obstacle ". american law reports - - annotated, 2nd series. vol. 59. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1202. " " assured clear distance " statute or rule as applied at hill or curve ". american law reports - - annotated. vol. 133. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 967. " application of " assured clear distance ahead " or " radius of lights " doctrine to accident involving pedestrian crossing the street or highway ". american law reports - - annotated, 2nd series. vol. 31. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1424. " driving automobile at speed which prevents stopping within range of vision as negligence ". american law reports - - annotated, 2nd series. vol. 44, 58, 87, 97. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1403 ; 1493 ; 900 ; 546. " driver's failure to maintain proper distance from motor vehicle ahead ". american law reports - - annotated, 2nd series. vol. 85. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 613. " motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west
december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 – 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r. day ( december 1969 ). " assured clear distance doctrine in louisiana ". louisiana law review. 30 ( 1 ) : 129 – 139. alfred a. sniadowski ; john de mots ; charles s. reddy ; frank e. bright ( 1938 ). " recent decisions ". notre dame law review. 13 ( 4 ). richard m. nixon ( october 1936 ). " changing rules of liability in automobile accident litigation ". law and contemporary problems. 3 ( 4 ) : 476 – 490. doi : 10. 2307 / 1189341. issn 0023 - 9186. jstor 1189341. = = = = other printed resources = = = = david a. sklansky ( february 16, 2012 ). " ch. 9, 11, & 12 ". evidence : cases, commentary and problems ( 3 ed. ). aspen publishers. isbn 9781454806820. marc green ; et al. ( 2008 ). forensic vision with application to highway safety ( 3 ed. ). lawyers & judges publishing company, inc. p. 454. isbn 9781933264547. j. stannard baker ( 1963 ). traffic accident investigator's manual for police ( 2 ed. ). the traffic institute, northwestern university. pp. 44 – 48, 162 – 167. lccn 62 - 20895. a policy on geometric design of highways and streets ( 6th ed. ). american association of state highway and transportation officials. 2011. isbn 978 - 1560515081. brian wolshon ; anurag pande ( 2015 ). traffic engineering handbook ( 7th ed. ). institute of traffic engineers. isbn 978 - 1 - 118 - 76230 - 1. john c. glennon ; paul f. hill ( 2004 ). roadway safety and tort liability ( 2 ed. ). lawyers & judges publishing company, inc. isbn 978 - 1930056947. national cooperative highway research program ( 1997 ). nchrp report 400 : determination of stopping sight distances ( pdf ). transportation research board ( national academy press ). isbn 978 - 0 - 309 - 06073 - 8. national center for statistics and analysis ( 2015 ). 2013 traffic
red light, and the need to identify the actual violator has led to the creation of a unique investigatory tool, the fake " ticket. " groups opposing the use of red light cameras have argued that where the cameras are not set up to identify the vehicle driver, owner liability issues are raised. it is perceived by some that the owner of the vehicle is unfairly penalized by being considered liable for red - light violations although they may not have been the driver at the time of the offense. in most jurisdictions the liability for red light violations is a civil offense, rather than a criminal citation, issued upon the vehicle owner — similar to a parking ticket. the issue of owner liability has been addressed in the us courts, with a ruling in the district of columbia court of appeals in 2007, which agreed with a lower court when it found that the presumption of liability of the owners of vehicles issued citations does not violate due process rights. this ruling was supported by a 2009 7th us circuit court of appeals ruling in which it was held that issuing citations to vehicle owners ( or lessees ) is constitutional. the court stated that it also encourages drivers to be cautious in lending their vehicles to others. the argument that red light cameras violate the privacy of citizens, has also been addressed in the us courts. according to a 2009 ruling by the 7th us circuit court of appeals, " no one has a fundamental right to run a red light or avoid being seen by a camera on a public street. " in addition, cameras only take photographs or video when a vehicle has run a red light and, in most states, the camera does not photograph the driver or the occupants of the vehicle. it is also argued that such cameras violate the sixth amendment's confrontation clause and the right to be assumed innocent until proven guilty. in most areas, red light enforcement cameras are installed and maintained by private firms. lawsuits have been raised challenging private companies'rights to hand out citations, such as a december 2008 lawsuit challenging the city of dallas'red light camera program, which was dismissed in march 2009. in most cases, citations are issued by law enforcement officers using the evidence provided by the companies. there have been many instances where cities in the us have been found to have too - short yellow - light intervals at some intersections where red light cameras have been installed. in tennessee, 176 drivers were refunded for fines paid after it was discovered that the length of the yellow was too short for that location, and motorists were caught running the light in the first second of the
, among other things, the reliability and fit of the methods described by the expert. after an extensive examination and discussion of the 3 - step process used by the expert, the court found that the methodology appropriately fit the specific facts of the case, and that a population - based ( epidemiologic ) approach was an appropriate part of the causal methodology. the court denied the defendant's motion to strike the expert's testimony in the order, which was entered on 3 / 31 / 14. the defendant appealed the ruling from the district court, and in july 2016, the tenth circuit u. s. court of appeals affirmed the 3 - step causal methodology as generally accepted and well established for assessing injury causation, under the daubert standard. see etherton v. auto - owners insurance company, no. 14 - 1164 ( 10th cir, 7 / 19 / 16 ) [ 2 ]. = = = = hill viewpoints = = = = plausibility of an investigated association can be assessed in an fe investigation, in part, via application of the hill criteria, named for a 1965 publication by sir austin bradford - hill, in which he described nine " viewpoints " by which an association described in an epidemiologic study could be assessed for causality. hill declined to call his viewpoints " criteria " lest they be considered a checklist for assessing causation. the term " hill criteria " is used widely in the literature, however, and for convenience is used in the present discussion. of the nine criteria, there are seven that have utility for assessing the plausibility of an investigated specific causal relationship, as follows : coherence : a causal conclusion should not contradict present substantive knowledge. it should " make sense " given current knowledge analogy : the results of a previously described causal relationship may be translatable to the circumstances of a current investigation consistency : the repeated observation of the investigated relationship in different circumstances or across a number of studies lends strength to a causal inference specificity : the degree to which the exposure is associated with a particular outcome biological plausibility : the extent to which the observed association can be explained by known scientific principles experiment : in some cases there may be evidence from randomized experiments ( i. e., drug trials ) dose response : the probability, frequency, or severity of the outcome increases with increased amount of exposure subsequent authors have added the feature of challenge / dechallenge / rechallenge for circumstances when the exposure is repeated over time and there
" motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 933. " duty and liability of vehicle driver blinded by glare of lights ". american law reports - - annotated, 2nd series. vol. 22. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 292. " liability for killing or injuring, by motor vehicle, livestock or fowl on highway ". american law reports - - annotated, 4th series. vol. 55. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 822. r. j. h. ( january 1937 ). " the uniform motor vehicle act in virginia ". virginia law review. 23 ( 3 ) : 351 – 358. doi : 10. 2307 / 1067282. jstor 1067282. d. m. postlewaite ( 1935 ). " negligence - - doctrine of assured clear distance ahead - - statute as subjective test ". law journal of the student bar association of the ohio state university. 1 ( 3 ) : 284 – 287. hdl : 1811 / 72043. issn 0048 - 1572. thomas stanton ( july 1935 ). " negligence and contributory negligence per se : the " range of vision " and " blinding lights " rules in automobile accident cases ". california law review. 23 ( 5 ) : 498 – 506. doi : 10. 2307 / 3476106. jstor 3476106. myron l. garon ( autumn 1952 ). " recent developments in california's last clear chance doctrine ". california law review. 40 ( 3 ) : 404 – 411. doi : 10. 2307 / 3477930. jstor 3477930. murray carl lertzman ( 1954 ). " the assured clear distance ahead rule in ohio ". case western reserve law review. 5 ( 1 ) : 77 – 83. herbert a. bernhard ( december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 – 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r
Answer:
|
Yes, if the judgment against House was based on vicarious liability.
| null |
House owns his home in City. On the lawn in front of his home and within five feet of the public sidewalk there was a large tree. The roots of the tree caused the sidewalk to buckle severely and become dangerous. An ordinance of City requires adjacent landowners to keep sidewalks in safe condition. House engaged Contractor to repair the sidewalk, leaving it to Contractor to decide how the repair should be made. Contractor dug up the sidewalk, cut back the roots of the tree, and laid a new sidewalk. Two days after House had paid Contractor the agreed price of the repair, the tree fell over onto the street and damaged a parked car belonging to Driver. Driver has asserted claims against House and Contractor, and both defendants admit that cutting the roots caused the tree to fall.If Driver recovers a judgment against House, does House have any recourse against Contractor?
0. No, if payment by House was an acceptance of the work.
1. No, because House selected Contractor to do the work.
2. Yes, if the judgment against House was based on vicarious liability.
3. Yes, because House's conduct was not a factual cause of the harm.
affected by driver's being blinded by lights other than those of a motor vehicle ". american law reports - - annotated, 3rd series. vol. 64. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 760. wade r. habeeb ( c. 2009 ). " liability or recovery in automobile negligence action as affected by driver's being blinded by lights of motor vehicle ". american law reports - - annotated, 3rd series. vol. 64. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 551. l. s. tellier ( 2011 ). " right and duty of motorist on through, favored, or arterial street or highway to proceed where lateral view at intersection is obstructed by physical obstacle ". american law reports - - annotated, 2nd series. vol. 59. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1202. " " assured clear distance " statute or rule as applied at hill or curve ". american law reports - - annotated. vol. 133. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 967. " application of " assured clear distance ahead " or " radius of lights " doctrine to accident involving pedestrian crossing the street or highway ". american law reports - - annotated, 2nd series. vol. 31. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1424. " driving automobile at speed which prevents stopping within range of vision as negligence ". american law reports - - annotated, 2nd series. vol. 44, 58, 87, 97. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1403 ; 1493 ; 900 ; 546. " driver's failure to maintain proper distance from motor vehicle ahead ". american law reports - - annotated, 2nd series. vol. 85. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 613. " motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west
december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 – 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r. day ( december 1969 ). " assured clear distance doctrine in louisiana ". louisiana law review. 30 ( 1 ) : 129 – 139. alfred a. sniadowski ; john de mots ; charles s. reddy ; frank e. bright ( 1938 ). " recent decisions ". notre dame law review. 13 ( 4 ). richard m. nixon ( october 1936 ). " changing rules of liability in automobile accident litigation ". law and contemporary problems. 3 ( 4 ) : 476 – 490. doi : 10. 2307 / 1189341. issn 0023 - 9186. jstor 1189341. = = = = other printed resources = = = = david a. sklansky ( february 16, 2012 ). " ch. 9, 11, & 12 ". evidence : cases, commentary and problems ( 3 ed. ). aspen publishers. isbn 9781454806820. marc green ; et al. ( 2008 ). forensic vision with application to highway safety ( 3 ed. ). lawyers & judges publishing company, inc. p. 454. isbn 9781933264547. j. stannard baker ( 1963 ). traffic accident investigator's manual for police ( 2 ed. ). the traffic institute, northwestern university. pp. 44 – 48, 162 – 167. lccn 62 - 20895. a policy on geometric design of highways and streets ( 6th ed. ). american association of state highway and transportation officials. 2011. isbn 978 - 1560515081. brian wolshon ; anurag pande ( 2015 ). traffic engineering handbook ( 7th ed. ). institute of traffic engineers. isbn 978 - 1 - 118 - 76230 - 1. john c. glennon ; paul f. hill ( 2004 ). roadway safety and tort liability ( 2 ed. ). lawyers & judges publishing company, inc. isbn 978 - 1930056947. national cooperative highway research program ( 1997 ). nchrp report 400 : determination of stopping sight distances ( pdf ). transportation research board ( national academy press ). isbn 978 - 0 - 309 - 06073 - 8. national center for statistics and analysis ( 2015 ). 2013 traffic
red light, and the need to identify the actual violator has led to the creation of a unique investigatory tool, the fake " ticket. " groups opposing the use of red light cameras have argued that where the cameras are not set up to identify the vehicle driver, owner liability issues are raised. it is perceived by some that the owner of the vehicle is unfairly penalized by being considered liable for red - light violations although they may not have been the driver at the time of the offense. in most jurisdictions the liability for red light violations is a civil offense, rather than a criminal citation, issued upon the vehicle owner — similar to a parking ticket. the issue of owner liability has been addressed in the us courts, with a ruling in the district of columbia court of appeals in 2007, which agreed with a lower court when it found that the presumption of liability of the owners of vehicles issued citations does not violate due process rights. this ruling was supported by a 2009 7th us circuit court of appeals ruling in which it was held that issuing citations to vehicle owners ( or lessees ) is constitutional. the court stated that it also encourages drivers to be cautious in lending their vehicles to others. the argument that red light cameras violate the privacy of citizens, has also been addressed in the us courts. according to a 2009 ruling by the 7th us circuit court of appeals, " no one has a fundamental right to run a red light or avoid being seen by a camera on a public street. " in addition, cameras only take photographs or video when a vehicle has run a red light and, in most states, the camera does not photograph the driver or the occupants of the vehicle. it is also argued that such cameras violate the sixth amendment's confrontation clause and the right to be assumed innocent until proven guilty. in most areas, red light enforcement cameras are installed and maintained by private firms. lawsuits have been raised challenging private companies'rights to hand out citations, such as a december 2008 lawsuit challenging the city of dallas'red light camera program, which was dismissed in march 2009. in most cases, citations are issued by law enforcement officers using the evidence provided by the companies. there have been many instances where cities in the us have been found to have too - short yellow - light intervals at some intersections where red light cameras have been installed. in tennessee, 176 drivers were refunded for fines paid after it was discovered that the length of the yellow was too short for that location, and motorists were caught running the light in the first second of the
, among other things, the reliability and fit of the methods described by the expert. after an extensive examination and discussion of the 3 - step process used by the expert, the court found that the methodology appropriately fit the specific facts of the case, and that a population - based ( epidemiologic ) approach was an appropriate part of the causal methodology. the court denied the defendant's motion to strike the expert's testimony in the order, which was entered on 3 / 31 / 14. the defendant appealed the ruling from the district court, and in july 2016, the tenth circuit u. s. court of appeals affirmed the 3 - step causal methodology as generally accepted and well established for assessing injury causation, under the daubert standard. see etherton v. auto - owners insurance company, no. 14 - 1164 ( 10th cir, 7 / 19 / 16 ) [ 2 ]. = = = = hill viewpoints = = = = plausibility of an investigated association can be assessed in an fe investigation, in part, via application of the hill criteria, named for a 1965 publication by sir austin bradford - hill, in which he described nine " viewpoints " by which an association described in an epidemiologic study could be assessed for causality. hill declined to call his viewpoints " criteria " lest they be considered a checklist for assessing causation. the term " hill criteria " is used widely in the literature, however, and for convenience is used in the present discussion. of the nine criteria, there are seven that have utility for assessing the plausibility of an investigated specific causal relationship, as follows : coherence : a causal conclusion should not contradict present substantive knowledge. it should " make sense " given current knowledge analogy : the results of a previously described causal relationship may be translatable to the circumstances of a current investigation consistency : the repeated observation of the investigated relationship in different circumstances or across a number of studies lends strength to a causal inference specificity : the degree to which the exposure is associated with a particular outcome biological plausibility : the extent to which the observed association can be explained by known scientific principles experiment : in some cases there may be evidence from randomized experiments ( i. e., drug trials ) dose response : the probability, frequency, or severity of the outcome increases with increased amount of exposure subsequent authors have added the feature of challenge / dechallenge / rechallenge for circumstances when the exposure is repeated over time and there
" motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 933. " duty and liability of vehicle driver blinded by glare of lights ". american law reports - - annotated, 2nd series. vol. 22. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 292. " liability for killing or injuring, by motor vehicle, livestock or fowl on highway ". american law reports - - annotated, 4th series. vol. 55. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 822. r. j. h. ( january 1937 ). " the uniform motor vehicle act in virginia ". virginia law review. 23 ( 3 ) : 351 – 358. doi : 10. 2307 / 1067282. jstor 1067282. d. m. postlewaite ( 1935 ). " negligence - - doctrine of assured clear distance ahead - - statute as subjective test ". law journal of the student bar association of the ohio state university. 1 ( 3 ) : 284 – 287. hdl : 1811 / 72043. issn 0048 - 1572. thomas stanton ( july 1935 ). " negligence and contributory negligence per se : the " range of vision " and " blinding lights " rules in automobile accident cases ". california law review. 23 ( 5 ) : 498 – 506. doi : 10. 2307 / 3476106. jstor 3476106. myron l. garon ( autumn 1952 ). " recent developments in california's last clear chance doctrine ". california law review. 40 ( 3 ) : 404 – 411. doi : 10. 2307 / 3477930. jstor 3477930. murray carl lertzman ( 1954 ). " the assured clear distance ahead rule in ohio ". case western reserve law review. 5 ( 1 ) : 77 – 83. herbert a. bernhard ( december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 – 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r
Answer:
|
Yes, because House's conduct was not a factual cause of the harm.
| 0.3 |
The State of Rio Grande entered into a contract with Roads, Inc., for construction of a fourlane turnpike. Prior to commencement of construction, the legislature, in order to provide funds for parks, repealed the statute authorizing the turnpike and cancelled the agreement with Roads, Inc. Roads, Inc., sued the state to enforce its original agreement. In ruling on this case, a court should hold that the state statute cancelling the agreement is
0. valid, because constitutionally the sovereign is not liable except with its own consent.
1. valid, because the legislature is vested with constitutional authority to repeal laws it has enacted.
2. invalid, because a state is equitably estopped to disclaim a valid bid once accepted by it.
3. invalid, because of the constitutional prohibition against impairment of contracts.
states have further passed statutes which require their courts to more inflexibly weigh the acda in their determination of reasonable speed or behavior. such statutes do so in part by designating acda violations as a citable driving offense, thus burdening an offending driver to rebut a presumption of negligence. states with such explicit acda standard of care provisions include : iowa, michigan, ohio, oklahoma, pennsylvania, and texas. states which apply the principle by statute to watercraft on navigable waterways include all 174 member states of the international maritime organization, notwithstanding membership : great britain and its common law inheriting commonwealth of nations, the united states, florida, hawaii, illinois, louisiana, michigan, montana, oregon, texas, and west virginia. most state - issued and some canadian driver handbooks instruct or mention the acda rule as required care or safe practice. explicit acda statutes and regulations, especially those of which create a citable driving or maritime offense, are aimed at preventing harm that could result from potentially negligent behavior — whereas the slightly more obscure common law acda doctrine is most easily invoked to remedy actual damages that have already occurred as a result of such negligence. unsafe speed statutes are immune from being void for vagueness when they contain explicit acda clauses. explicit and implicit acda rules govern millions of north american drivers. = = = = universal standard of care = = = = not all jurisdictions have applied the rule uniformly, most often differing over exceptions for specific " sudden emergencies ". there has been an increased interest in the acda codified as a universal standard of care that has been brought about by recent technological and social changes such as event data recorders, dashcams, self - driving cars, safe cities and multi - use movements, and a movement to reduce claims by speeders against governments for " dangerous conditions " when operating speeds exceed a road's inferred design speed. collision liability has historically benefited the law profession by being cloaked as a mixture of fact and law, but with edr's precisely preserving " a state of facts " often repeated with differing trial outcomes, collisions are less a question of fact, but of law. electronic access to precise edr data and rulings with new ideological modeling tools, can now expose judges as consistent political advocates for differing special road user interests. furthermore, the law needs to be clear, precise, and uniform at a national level for the panoply of automobile manufacturers with the strict liability for their programming of law - abiding
such a curvature as not to hide hazards close behind its crests. discretion for drivers and pedestrians to enter onto a potentially occupied lane from a side street must be assuredly eliminated such as with fences, merge lanes, or signalized access. there must also be an assurance of no opportunity for animals and debris to enter from side lots, and that there are continuous multi - hourly maintenance patrols performed. furthermore, such road sections must be distinguished from other roads so that the driver could clearly and immediately know when he or she may or may not take such extended " assurance ". few roads might meet these requirements except some of the highest functional classification controlled - access highways such as freeways and autobahns. even if such criteria are met, the law must also exempt driver liability for maintaining clear distance ahead. in most democracies, such liability for failures of the distance to remain clear beyond line of sight would ultimately be transferred to its taxpayers. this only generally occurs when governments have been tasked by constituents or their courts to take the responsibly to design and maintain roadways that " assure " the distance will be clear beyond the proximate edge of clear visibility. pressures to make such changes may arise from cultural normalization of deviance and unnecessary risk, misunderstanding the purpose of the road functional classification system, underestimation of increased risk, and reclamation of commute time. one of the greatest difficulties created by such an extension of the acda is the frequency at which roads reduce their functional classification unbeknownst to drivers who continue unaware they have lost this extended " assurance " or do not understand the difference. such nuance in applicable jurisdictions is a prolific source of accidents. in the united states, there is no explicit road marking promising clear distance beyond line of sight in the manual on uniform traffic control devices, although there are signs communicating " limited sight distance ", " hill blocks view ", " crossroad ahead ", and " freeway ends ". a partial solution to this challenge is to remove driver discretion in determining whether the acda is extended beyond line of sight, by explicitly designating this law change to certain marked high functional classification roadways having meet strict engineering criteria. the acda rule is analogous to aviation visual flight rules, and its discussed exception — allowed only in a well regulated control zone — is analogous to instrument flight rules. unlike both visual and instrumental flight rules, where federal and international administrative law applies seamlessly and uniformly across the states, the acda rule governing ground transportation is relatively variegated across states and judicial
avoid a pedestrian and causes a fatal accident. in 2021, the european commission proposed the artificial intelligence act. = = algorithm certification = = there is a concept of algorithm certification emerging as a method of regulating algorithms. algorithm certification involves auditing whether the algorithm used during the life cycle 1 ) conforms to the protocoled requirements ( e. g., for correctness, completeness, consistency, and accuracy ) ; 2 ) satisfies the standards, practices, and conventions ; and 3 ) solves the right problem ( e. g., correctly model physical laws ), and satisfies the intended use and user needs in the operational environment. = = regulation of blockchain algorithms = = blockchain systems provide transparent and fixed records of transactions and hereby contradict the goal of the european gdpr, which is to give individuals full control of their private data. by implementing the decree on development of digital economy, belarus has become the first - ever country to legalize smart contracts. belarusian lawyer denis aleinikov is considered to be the author of a smart contract legal concept introduced by the decree. there are strong arguments that the existing us state laws are already a sound basis for the smart contracts'enforceability — arizona, nevada, ohio and tennessee have amended their laws specifically to allow for the enforceability of blockchain - based contracts nevertheless. = = regulation of robots and autonomous algorithms = = there have been proposals to regulate robots and autonomous algorithms. these include : the south korean government's proposal in 2007 of a robot ethics charter ; a 2011 proposal from the u. k. engineering and physical sciences research council of five ethical “ principles for designers, builders, and users of robots ” ; the association for computing machinery's seven principles for algorithmic transparency and accountability, published in 2017. = = in popular culture = = in 1942, author isaac asimov addressed regulation of algorithms by introducing the fictional three laws of robotics : a robot may not injure a human being or, through inaction, allow a human being to come to harm. a robot must obey the orders given it by human beings except where such orders would conflict with the first law. a robot must protect its own existence as long as such protection does not conflict with the first or second laws. the main alternative to regulation is a ban, and the banning of algorithms is presently highly unlikely. however, in frank herbert's dune universe, thinking machines is a collective term for artificial intelligence, which were completely destroyed and banned after a revolt known as the butlerian
- texas corridors to be built as a new - terrain route ( the trans - texas corridor concept was ultimately scrapped entirely ), but instead decided to proceed with converting existing us and state routes to i - 69 by upgrading those roads to interstate standards. = = nepa process = = the nepa process is designed to involve the public and gather the best available information in a single place so that decision makers can be fully informed when they make their choices. this is the process of eis proposal : in this stage, the needs and objectives of a project have been decided, but the project has not been financed. categorical exclusion ( catex ) : as discussed above, the government may exempt an agency from the process. the agency can then proceed with the project and skip the remaining steps. environmental assessment ( ea ) : the proposal is analyzed in addition to the local environment with the aim to reduce the negative impacts of the development on the area. finding of no significant impact ( fonsi ) : occurs when no significant impacts are identified in an ea. a fonsi typically allows the lead agency to proceed without having to complete an eis. environmental impact statement scoping : the first meetings are held to discuss existing laws, the available information, and the research needed. the tasks are divided up and a lead group is selected. decision makers and all those involved with the project can attend the meetings. notice : the public is notified that the agency is preparing an eis. the agency also provides the public with information regarding how they can become involved in the process. the agency announces its project proposal with a notice in the federal register, notices in local media, and letters to citizens and groups that it knows are likely to be interested. citizens and groups are welcome to send in comments helping the agency identify the issues it must address in the eis ( or ea ). draft eis ( deis ) : based on both agency expertise and issues raised by the public, the agency prepares a draft eis with a full description of the affected environment, a reasonable range of alternatives, and an analysis of the impacts of each alternative. comment : affected individuals then have the opportunity to provide feedback through written and public hearing statements. final eis ( feis ) and proposed action : based on the comments on the draft eis, the agency writes a final eis, and announces its proposed action. the public is not invited to comment on this, but if they are still unhappy, or feel that the agency has missed a major issue, they may protest the
past, making the financing of public highways a challenge. the multipurpose characteristics of highways, economic environment, and the advances in highway pricing technology are constantly changing. therefore, the approaches to highway financing, management, and maintenance are constantly changing as well. = = = environmental impact assessment = = = the economic growth of a community is dependent upon highway development to enhance mobility. however, improperly planned, designed, constructed, and maintained highways can disrupt the social and economic characteristics of any size community. common adverse impacts to highway development include damage of habitat and bio - diversity, creation of air and water pollution, noise and vibration generation, damage of natural landscape, and the destruction of a community's social and cultural structure. highway infrastructure must be constructed and maintained to high qualities and standards. there are three key steps for integrating environmental considerations into the planning, scheduling, construction, and maintenance of highways. this process is known as an environmental impact assessment, or eia, as it systematically deals with the following elements : identification of the full range of possible impacts on the natural and socio - economic environment evaluation and quantification of these impacts formulation of measures to avoid, mitigate, and compensate for the anticipated impacts. = = = highway safety = = = highway systems generate the highest price in human injury and death, as nearly 50 million persons are injured in traffic accidents every year, not including the 1. 2 million deaths. road traffic injury is the single leading cause of unintentional death in the first five decades of human life. management of safety is a systematic process that strives to reduce the occurrence and severity of traffic accidents. the man / machine interaction with road traffic systems is unstable and poses a challenge to highway safety management. the key for increasing the safety of highway systems is to design, build, and maintain them to be far more tolerant of the average range of this man / machine interaction with highways. technological advancements in highway engineering have improved the design, construction, and maintenance methods used over the years. these advancements have allowed for newer highway safety innovations. by ensuring that all situations and opportunities are identified, considered, and implemented as appropriate, they can be evaluated in every phase of highway planning, design, construction, maintenance, and operation to increase the safety of our highway systems. = = design = = the most appropriate location, alignment, and shape of a highway are selected during the design stage. highway design involves the consideration of three major factors ( human, vehicular, and roadway ) and how these factors interact to provide a
Answer:
|
invalid, because of the constitutional prohibition against impairment of contracts.
| null |
The State of Rio Grande entered into a contract with Roads, Inc., for construction of a fourlane turnpike. Prior to commencement of construction, the legislature, in order to provide funds for parks, repealed the statute authorizing the turnpike and cancelled the agreement with Roads, Inc. Roads, Inc., sued the state to enforce its original agreement. In ruling on this case, a court should hold that the state statute cancelling the agreement is
0. valid, because constitutionally the sovereign is not liable except with its own consent.
1. valid, because the legislature is vested with constitutional authority to repeal laws it has enacted.
2. invalid, because a state is equitably estopped to disclaim a valid bid once accepted by it.
3. invalid, because of the constitutional prohibition against impairment of contracts.
states have further passed statutes which require their courts to more inflexibly weigh the acda in their determination of reasonable speed or behavior. such statutes do so in part by designating acda violations as a citable driving offense, thus burdening an offending driver to rebut a presumption of negligence. states with such explicit acda standard of care provisions include : iowa, michigan, ohio, oklahoma, pennsylvania, and texas. states which apply the principle by statute to watercraft on navigable waterways include all 174 member states of the international maritime organization, notwithstanding membership : great britain and its common law inheriting commonwealth of nations, the united states, florida, hawaii, illinois, louisiana, michigan, montana, oregon, texas, and west virginia. most state - issued and some canadian driver handbooks instruct or mention the acda rule as required care or safe practice. explicit acda statutes and regulations, especially those of which create a citable driving or maritime offense, are aimed at preventing harm that could result from potentially negligent behavior — whereas the slightly more obscure common law acda doctrine is most easily invoked to remedy actual damages that have already occurred as a result of such negligence. unsafe speed statutes are immune from being void for vagueness when they contain explicit acda clauses. explicit and implicit acda rules govern millions of north american drivers. = = = = universal standard of care = = = = not all jurisdictions have applied the rule uniformly, most often differing over exceptions for specific " sudden emergencies ". there has been an increased interest in the acda codified as a universal standard of care that has been brought about by recent technological and social changes such as event data recorders, dashcams, self - driving cars, safe cities and multi - use movements, and a movement to reduce claims by speeders against governments for " dangerous conditions " when operating speeds exceed a road's inferred design speed. collision liability has historically benefited the law profession by being cloaked as a mixture of fact and law, but with edr's precisely preserving " a state of facts " often repeated with differing trial outcomes, collisions are less a question of fact, but of law. electronic access to precise edr data and rulings with new ideological modeling tools, can now expose judges as consistent political advocates for differing special road user interests. furthermore, the law needs to be clear, precise, and uniform at a national level for the panoply of automobile manufacturers with the strict liability for their programming of law - abiding
such a curvature as not to hide hazards close behind its crests. discretion for drivers and pedestrians to enter onto a potentially occupied lane from a side street must be assuredly eliminated such as with fences, merge lanes, or signalized access. there must also be an assurance of no opportunity for animals and debris to enter from side lots, and that there are continuous multi - hourly maintenance patrols performed. furthermore, such road sections must be distinguished from other roads so that the driver could clearly and immediately know when he or she may or may not take such extended " assurance ". few roads might meet these requirements except some of the highest functional classification controlled - access highways such as freeways and autobahns. even if such criteria are met, the law must also exempt driver liability for maintaining clear distance ahead. in most democracies, such liability for failures of the distance to remain clear beyond line of sight would ultimately be transferred to its taxpayers. this only generally occurs when governments have been tasked by constituents or their courts to take the responsibly to design and maintain roadways that " assure " the distance will be clear beyond the proximate edge of clear visibility. pressures to make such changes may arise from cultural normalization of deviance and unnecessary risk, misunderstanding the purpose of the road functional classification system, underestimation of increased risk, and reclamation of commute time. one of the greatest difficulties created by such an extension of the acda is the frequency at which roads reduce their functional classification unbeknownst to drivers who continue unaware they have lost this extended " assurance " or do not understand the difference. such nuance in applicable jurisdictions is a prolific source of accidents. in the united states, there is no explicit road marking promising clear distance beyond line of sight in the manual on uniform traffic control devices, although there are signs communicating " limited sight distance ", " hill blocks view ", " crossroad ahead ", and " freeway ends ". a partial solution to this challenge is to remove driver discretion in determining whether the acda is extended beyond line of sight, by explicitly designating this law change to certain marked high functional classification roadways having meet strict engineering criteria. the acda rule is analogous to aviation visual flight rules, and its discussed exception — allowed only in a well regulated control zone — is analogous to instrument flight rules. unlike both visual and instrumental flight rules, where federal and international administrative law applies seamlessly and uniformly across the states, the acda rule governing ground transportation is relatively variegated across states and judicial
avoid a pedestrian and causes a fatal accident. in 2021, the european commission proposed the artificial intelligence act. = = algorithm certification = = there is a concept of algorithm certification emerging as a method of regulating algorithms. algorithm certification involves auditing whether the algorithm used during the life cycle 1 ) conforms to the protocoled requirements ( e. g., for correctness, completeness, consistency, and accuracy ) ; 2 ) satisfies the standards, practices, and conventions ; and 3 ) solves the right problem ( e. g., correctly model physical laws ), and satisfies the intended use and user needs in the operational environment. = = regulation of blockchain algorithms = = blockchain systems provide transparent and fixed records of transactions and hereby contradict the goal of the european gdpr, which is to give individuals full control of their private data. by implementing the decree on development of digital economy, belarus has become the first - ever country to legalize smart contracts. belarusian lawyer denis aleinikov is considered to be the author of a smart contract legal concept introduced by the decree. there are strong arguments that the existing us state laws are already a sound basis for the smart contracts'enforceability — arizona, nevada, ohio and tennessee have amended their laws specifically to allow for the enforceability of blockchain - based contracts nevertheless. = = regulation of robots and autonomous algorithms = = there have been proposals to regulate robots and autonomous algorithms. these include : the south korean government's proposal in 2007 of a robot ethics charter ; a 2011 proposal from the u. k. engineering and physical sciences research council of five ethical “ principles for designers, builders, and users of robots ” ; the association for computing machinery's seven principles for algorithmic transparency and accountability, published in 2017. = = in popular culture = = in 1942, author isaac asimov addressed regulation of algorithms by introducing the fictional three laws of robotics : a robot may not injure a human being or, through inaction, allow a human being to come to harm. a robot must obey the orders given it by human beings except where such orders would conflict with the first law. a robot must protect its own existence as long as such protection does not conflict with the first or second laws. the main alternative to regulation is a ban, and the banning of algorithms is presently highly unlikely. however, in frank herbert's dune universe, thinking machines is a collective term for artificial intelligence, which were completely destroyed and banned after a revolt known as the butlerian
- texas corridors to be built as a new - terrain route ( the trans - texas corridor concept was ultimately scrapped entirely ), but instead decided to proceed with converting existing us and state routes to i - 69 by upgrading those roads to interstate standards. = = nepa process = = the nepa process is designed to involve the public and gather the best available information in a single place so that decision makers can be fully informed when they make their choices. this is the process of eis proposal : in this stage, the needs and objectives of a project have been decided, but the project has not been financed. categorical exclusion ( catex ) : as discussed above, the government may exempt an agency from the process. the agency can then proceed with the project and skip the remaining steps. environmental assessment ( ea ) : the proposal is analyzed in addition to the local environment with the aim to reduce the negative impacts of the development on the area. finding of no significant impact ( fonsi ) : occurs when no significant impacts are identified in an ea. a fonsi typically allows the lead agency to proceed without having to complete an eis. environmental impact statement scoping : the first meetings are held to discuss existing laws, the available information, and the research needed. the tasks are divided up and a lead group is selected. decision makers and all those involved with the project can attend the meetings. notice : the public is notified that the agency is preparing an eis. the agency also provides the public with information regarding how they can become involved in the process. the agency announces its project proposal with a notice in the federal register, notices in local media, and letters to citizens and groups that it knows are likely to be interested. citizens and groups are welcome to send in comments helping the agency identify the issues it must address in the eis ( or ea ). draft eis ( deis ) : based on both agency expertise and issues raised by the public, the agency prepares a draft eis with a full description of the affected environment, a reasonable range of alternatives, and an analysis of the impacts of each alternative. comment : affected individuals then have the opportunity to provide feedback through written and public hearing statements. final eis ( feis ) and proposed action : based on the comments on the draft eis, the agency writes a final eis, and announces its proposed action. the public is not invited to comment on this, but if they are still unhappy, or feel that the agency has missed a major issue, they may protest the
past, making the financing of public highways a challenge. the multipurpose characteristics of highways, economic environment, and the advances in highway pricing technology are constantly changing. therefore, the approaches to highway financing, management, and maintenance are constantly changing as well. = = = environmental impact assessment = = = the economic growth of a community is dependent upon highway development to enhance mobility. however, improperly planned, designed, constructed, and maintained highways can disrupt the social and economic characteristics of any size community. common adverse impacts to highway development include damage of habitat and bio - diversity, creation of air and water pollution, noise and vibration generation, damage of natural landscape, and the destruction of a community's social and cultural structure. highway infrastructure must be constructed and maintained to high qualities and standards. there are three key steps for integrating environmental considerations into the planning, scheduling, construction, and maintenance of highways. this process is known as an environmental impact assessment, or eia, as it systematically deals with the following elements : identification of the full range of possible impacts on the natural and socio - economic environment evaluation and quantification of these impacts formulation of measures to avoid, mitigate, and compensate for the anticipated impacts. = = = highway safety = = = highway systems generate the highest price in human injury and death, as nearly 50 million persons are injured in traffic accidents every year, not including the 1. 2 million deaths. road traffic injury is the single leading cause of unintentional death in the first five decades of human life. management of safety is a systematic process that strives to reduce the occurrence and severity of traffic accidents. the man / machine interaction with road traffic systems is unstable and poses a challenge to highway safety management. the key for increasing the safety of highway systems is to design, build, and maintain them to be far more tolerant of the average range of this man / machine interaction with highways. technological advancements in highway engineering have improved the design, construction, and maintenance methods used over the years. these advancements have allowed for newer highway safety innovations. by ensuring that all situations and opportunities are identified, considered, and implemented as appropriate, they can be evaluated in every phase of highway planning, design, construction, maintenance, and operation to increase the safety of our highway systems. = = design = = the most appropriate location, alignment, and shape of a highway are selected during the design stage. highway design involves the consideration of three major factors ( human, vehicular, and roadway ) and how these factors interact to provide a
Answer:
|
invalid, because a state is equitably estopped to disclaim a valid bid once accepted by it.
| 0.3 |
The strongest constitutional basis for the enactment of a federal statute requiring colleges and universities receiving federal funds to offer student aid solely on the basis of need is the
0. police power.
1. war and defense power.
2. power to tax and spend for the general welfare.
3. power to enforce the privileges and immunities clause of the Fourteenth Amendment.
students and thus provide access to post - secondary education. performance - based budgeting is an approach in which funding for an institution " depends on performing in certain ways and meeting certain expectations ". " historically, many colleges have received state funding based on how many full - time equivalent students are enrolled at the beginning of the semester ". thirty states have a funding formula in place that allocates some amount of funding based on performance indicators such as course completion, time to degree, transfer rates, the number of degrees awarded, or the number of low - income and minority graduates ". the strengths of pbb for higher education : provides incentives for enrolling students and opening access to higher education ; focuses on results and accomplishments ; a simple approach once expectations and measurements are defined ; " promotes equitable allocation of resources to those institutions that meet performance criteria. " the weaknesses of pbb for higher education : " does not necessarily provide incentives for institutions to help students successfully complete degree programs? " performance criteria and measures can be difficult to define ; the time between accomplishments, accomplishment and its measurement and the allocation of funds might be great ; measuring long - term outcomes is difficult. = = references = = = = external links = = indonesia – the challenges of implementing a performance - based budget system, ian lienert, imf, 2007 performance budgeting : linking funding and results, marc robinson ( ed. ), imf, 2007 more on imf annual meetings performance budgeting, seminar, marc robinson, imf, 2007 program and performance budgeting enthusiasm in india - - imf training course, holger van eden, imf, 2007 from line - item to program budgeting, john kim, seoul, 2007
reschly in 2006 and is commonly used to gauge perceptions of school belonging. it includes 35 items on a four - point scale ranging from strongly agree to strongly disagree that measure students'cognitive and affective engagement within the school environment. the items are categorized into six sub - domains : " future goals and aspirations, control and relevance of schoolwork, extrinsic motivation, family support for learning, peer support for learning, and teacher - student relationships. " items from the sei include : " overall, my teachers are open and honest with me, " " students at my school are there for me when i need them, " " when i have problems at school, my family / guardian ( s ) want to know about it, " and " what i'm learning in my classes will be important for my future. " = = implications for practice = = in 2003, the centers for disease control and prevention ( cdc ) held an international convention to develop tactics for bolstering students'perceptions of school belonging. they developed the wingspread declaration on school connections which identified the following strategies for increasing students'belonging to and connection with their school : implementing high standards and expectations, and providing academic support to all students. applying fair and consistent disciplinary policies that are collectively agreed upon and fairly enforced. creating trusting relationships among students, teachers, staff, administrators, and families. hiring and supporting capable teachers skilled in content, teaching techniques, and classroom management to meet each learner's needs. fostering high parent / family expectations for school performance and school completion. ensuring that every student feels close to at least one supportive adult at school. — " wingspread declaration on school connections ", journal of school health the cdc later advanced the work of the wingspread declaration in 2009 by conducting a comprehensive, systematic review of school belonging and connectedness using sources from expert researchers, the government, educators, and more. this work produced four additional strategies for enhancing students'perception of belonging within school : adult support : school staff members can dedicate their time, interest, attention, and emotional support to students. belonging to a positive peer group : a stable network of peers can improve student perceptions of school. commitment to education : believing that school is important to their future and perceiving that the adults in school are investing in their education can help students engaged in their own learning and involved in school activities. school environment : the physical environment and psychosocial climate can set the stage for positive student perceptions of school. — " school connectedness : strategies
a zero - tolerance policy in schools is a policy of strict enforcement of school rules against behaviors or the possession of items deemed undesirable. in schools, common zero - tolerance policies concern physical altercations, as well as the possession or use of illicit drugs or weapons. students, and sometimes staff, parents, and other visitors, who possess a banned item for any reason are always ( if the policy is followed ) punished. public criticism against such policies has arisen because of the punishments the schools mete out when students break the rules in ignorance, by accident, or under extenuating circumstances. the policies have also been criticized for their connection to educational inequality in the united states. in the united states and canada, zero - tolerance policies have been adopted in various schools and other educational platforms. zero - tolerance policies in the united states became widespread in 1994, after federal legislation would withhold all federal funding from states that did not expel students for one year if they bring a firearm to school. = = history = = the zero - tolerance term began with the gun - free schools act of 1994, when congress made federal funding of public schools conditional upon the adoption of zero - tolerance policies for firearm possession. similar policies of intolerance, coupled with expulsions for less serious behaviors than bringing a weapon to school, had long been a part of private, and particularly religious, schools. the use of zero - tolerance policies in public schools increased dramatically after the columbine high school massacre in 1999, with principals declaring that safety concerns made them want zero - tolerance for weapons. these rules led to disproportionate responses to minor or technical transgressions. cases that attracted international media attention cases include students being suspended or expelled for offenses such as possession of over - the - counter and / or prescription drugs on campus with the permission of the students ’ parents, keeping various pocketknives in cars, and carrying woodworking tools outside of a wood shop classroom. in seal v. morgan, a tennessee student was expelled because someone else's knife was found in his car on school property, despite his protestations that he was unaware of the knife's presence ; in 2000, the courts struck down the expulsion as having no rational basis. in some jurisdictions, zero - tolerance policies have come into conflict with freedom of religion rules already in place allowing students to carry, for example, kirpans. in the " kids for cash " scandal, judge mark ciavarella, who promoted a platform of zero - tolerance,
= = k – 12 education = = = = before the self - advocacy movement, many people with intellectual and developmental disabilities in the us were not allowed to attend school. their families had to either keep them at home or send them to an institution. some institutions were supposed to provide the people there with education. institutions specifically for people with intellectual and developmental disabilities were called state schools. however, in practice, the education provide was insufficient or nonexistent. these " schools " turned into warehouses, full of abuse and neglect. in 1972, pennsylvania association for retarded citizens v. commonwealth of pennsylvania overturned the state law that forbid children with intellectual disabilities from attending school. it established that states had to provide a free public education for all children. mills v. board of education of district of columbia ruled that the schools must provide accommodations to students so that they can attend public school. in 1975, president gerald ford signed the education for handicapped children act ( now known as the individuals with disabilities education act ). this law entitles all children to receive a free and appropriate public education ( fape ). the law requires schools to provide students with accommodations and support to attend school. the least restrictive environment clause means that students must be, whenever possible, educated in mainstream classrooms with their non - disabled peers. despite this, many people with intellectual and developmental disabilities are segregated in special education classrooms and not given the accommodations they need to succeed. = = = civil rights = = = = = = relationship to other movements = = = the self - advocacy movement developed alongside other movements, including the civil rights movement seeing a common goal in fighting for equal treatment. john f. kennedy, in addition to passing civil rights legislation, also assembled a president's panel on mental retardation. self - advocates framed their demands using a rights - based framework. notable cases against institutions were based on the infringement of their civil rights. self - advocacy developed concurrently but often separately to the independent living movement and the larger disability rights movement in the 1960s and 1970s. these movements were mostly made up of people with physical disabilities. ed roberts described a " hierarchy of disability " where certain disabilities were considered to rank higher than others. in these hierarchies, people with intellectual and developmental disabilities were seen as at the bottom. bette mcmuldren discussed the early independent living movement, saying " i remember even then – and i know independent living programs are still struggling with this now – we were trying to include people who had developmental disabilities, and we were trying to figure out how
party personally carried out the criminal offense, but where another person may have carried out the illegal act ( s ) as an agent of the charged, working together with or under the direction of the charged, who is an accessory to the crime. it is comparable to laws in some other countries governing the actions of accessories, including the similar provision in england and wales under the accessories and abettors act 1861. it is derived from the united states code ( u. s. c. ), section two of title 18 : ( a ) whoever commits an offense against the united states or aids, abets, counsels, commands, induces or procures its commission, is punishable as a principal. ( b ) whoever willfully causes an act to be done which if directly performed by him or another would be an offense against the united states, is punishable as a principal. the scope of this federal statute for aiders and abettors " is incredibly broad — it can be implied in every charge for a federal substantive offense ". the term " principal " refers to any actor who is primarily responsible for a criminal offense. for a successful prosecution, the provision of " aiding and abetting " must be considered alongside the crime itself, although a defendant can be found guilty of aiding and abetting an offense even if the principal is found not guilty of the crime itself. in all cases of aiding and abetting, it must be shown a crime has been committed, but not necessarily who committed it. it is necessary to show that the defendant has willfully associated himself with the crime being committed, that he does, through his own act or omission, as he would do if he wished for a criminal venture to succeed. under this statute, anyone who aids or abets a crime may be charged directly with the crime, as if the charged had carried out the act himself. this is distinct from the concept of being an accessory after the fact, a charge distinct from being a principal. = = = history = = = the first united states statute dealing with accessory liability was passed in 1790, and made criminally liable those who should aid and assist, procure, command, counsel or advise murder or robbery on land or sea, or piracy at sea. this was broadened in 1870 to include any felony, and by it an accessory was anyone who counsels, advises or procures the crime. these early statutes were repealed in 1909, and supplanted by 18 u. s. c. § 550, a statute
Answer:
|
power to tax and spend for the general welfare.
| null |
The strongest constitutional basis for the enactment of a federal statute requiring colleges and universities receiving federal funds to offer student aid solely on the basis of need is the
0. police power.
1. war and defense power.
2. power to tax and spend for the general welfare.
3. power to enforce the privileges and immunities clause of the Fourteenth Amendment.
students and thus provide access to post - secondary education. performance - based budgeting is an approach in which funding for an institution " depends on performing in certain ways and meeting certain expectations ". " historically, many colleges have received state funding based on how many full - time equivalent students are enrolled at the beginning of the semester ". thirty states have a funding formula in place that allocates some amount of funding based on performance indicators such as course completion, time to degree, transfer rates, the number of degrees awarded, or the number of low - income and minority graduates ". the strengths of pbb for higher education : provides incentives for enrolling students and opening access to higher education ; focuses on results and accomplishments ; a simple approach once expectations and measurements are defined ; " promotes equitable allocation of resources to those institutions that meet performance criteria. " the weaknesses of pbb for higher education : " does not necessarily provide incentives for institutions to help students successfully complete degree programs? " performance criteria and measures can be difficult to define ; the time between accomplishments, accomplishment and its measurement and the allocation of funds might be great ; measuring long - term outcomes is difficult. = = references = = = = external links = = indonesia – the challenges of implementing a performance - based budget system, ian lienert, imf, 2007 performance budgeting : linking funding and results, marc robinson ( ed. ), imf, 2007 more on imf annual meetings performance budgeting, seminar, marc robinson, imf, 2007 program and performance budgeting enthusiasm in india - - imf training course, holger van eden, imf, 2007 from line - item to program budgeting, john kim, seoul, 2007
reschly in 2006 and is commonly used to gauge perceptions of school belonging. it includes 35 items on a four - point scale ranging from strongly agree to strongly disagree that measure students'cognitive and affective engagement within the school environment. the items are categorized into six sub - domains : " future goals and aspirations, control and relevance of schoolwork, extrinsic motivation, family support for learning, peer support for learning, and teacher - student relationships. " items from the sei include : " overall, my teachers are open and honest with me, " " students at my school are there for me when i need them, " " when i have problems at school, my family / guardian ( s ) want to know about it, " and " what i'm learning in my classes will be important for my future. " = = implications for practice = = in 2003, the centers for disease control and prevention ( cdc ) held an international convention to develop tactics for bolstering students'perceptions of school belonging. they developed the wingspread declaration on school connections which identified the following strategies for increasing students'belonging to and connection with their school : implementing high standards and expectations, and providing academic support to all students. applying fair and consistent disciplinary policies that are collectively agreed upon and fairly enforced. creating trusting relationships among students, teachers, staff, administrators, and families. hiring and supporting capable teachers skilled in content, teaching techniques, and classroom management to meet each learner's needs. fostering high parent / family expectations for school performance and school completion. ensuring that every student feels close to at least one supportive adult at school. — " wingspread declaration on school connections ", journal of school health the cdc later advanced the work of the wingspread declaration in 2009 by conducting a comprehensive, systematic review of school belonging and connectedness using sources from expert researchers, the government, educators, and more. this work produced four additional strategies for enhancing students'perception of belonging within school : adult support : school staff members can dedicate their time, interest, attention, and emotional support to students. belonging to a positive peer group : a stable network of peers can improve student perceptions of school. commitment to education : believing that school is important to their future and perceiving that the adults in school are investing in their education can help students engaged in their own learning and involved in school activities. school environment : the physical environment and psychosocial climate can set the stage for positive student perceptions of school. — " school connectedness : strategies
a zero - tolerance policy in schools is a policy of strict enforcement of school rules against behaviors or the possession of items deemed undesirable. in schools, common zero - tolerance policies concern physical altercations, as well as the possession or use of illicit drugs or weapons. students, and sometimes staff, parents, and other visitors, who possess a banned item for any reason are always ( if the policy is followed ) punished. public criticism against such policies has arisen because of the punishments the schools mete out when students break the rules in ignorance, by accident, or under extenuating circumstances. the policies have also been criticized for their connection to educational inequality in the united states. in the united states and canada, zero - tolerance policies have been adopted in various schools and other educational platforms. zero - tolerance policies in the united states became widespread in 1994, after federal legislation would withhold all federal funding from states that did not expel students for one year if they bring a firearm to school. = = history = = the zero - tolerance term began with the gun - free schools act of 1994, when congress made federal funding of public schools conditional upon the adoption of zero - tolerance policies for firearm possession. similar policies of intolerance, coupled with expulsions for less serious behaviors than bringing a weapon to school, had long been a part of private, and particularly religious, schools. the use of zero - tolerance policies in public schools increased dramatically after the columbine high school massacre in 1999, with principals declaring that safety concerns made them want zero - tolerance for weapons. these rules led to disproportionate responses to minor or technical transgressions. cases that attracted international media attention cases include students being suspended or expelled for offenses such as possession of over - the - counter and / or prescription drugs on campus with the permission of the students ’ parents, keeping various pocketknives in cars, and carrying woodworking tools outside of a wood shop classroom. in seal v. morgan, a tennessee student was expelled because someone else's knife was found in his car on school property, despite his protestations that he was unaware of the knife's presence ; in 2000, the courts struck down the expulsion as having no rational basis. in some jurisdictions, zero - tolerance policies have come into conflict with freedom of religion rules already in place allowing students to carry, for example, kirpans. in the " kids for cash " scandal, judge mark ciavarella, who promoted a platform of zero - tolerance,
= = k – 12 education = = = = before the self - advocacy movement, many people with intellectual and developmental disabilities in the us were not allowed to attend school. their families had to either keep them at home or send them to an institution. some institutions were supposed to provide the people there with education. institutions specifically for people with intellectual and developmental disabilities were called state schools. however, in practice, the education provide was insufficient or nonexistent. these " schools " turned into warehouses, full of abuse and neglect. in 1972, pennsylvania association for retarded citizens v. commonwealth of pennsylvania overturned the state law that forbid children with intellectual disabilities from attending school. it established that states had to provide a free public education for all children. mills v. board of education of district of columbia ruled that the schools must provide accommodations to students so that they can attend public school. in 1975, president gerald ford signed the education for handicapped children act ( now known as the individuals with disabilities education act ). this law entitles all children to receive a free and appropriate public education ( fape ). the law requires schools to provide students with accommodations and support to attend school. the least restrictive environment clause means that students must be, whenever possible, educated in mainstream classrooms with their non - disabled peers. despite this, many people with intellectual and developmental disabilities are segregated in special education classrooms and not given the accommodations they need to succeed. = = = civil rights = = = = = = relationship to other movements = = = the self - advocacy movement developed alongside other movements, including the civil rights movement seeing a common goal in fighting for equal treatment. john f. kennedy, in addition to passing civil rights legislation, also assembled a president's panel on mental retardation. self - advocates framed their demands using a rights - based framework. notable cases against institutions were based on the infringement of their civil rights. self - advocacy developed concurrently but often separately to the independent living movement and the larger disability rights movement in the 1960s and 1970s. these movements were mostly made up of people with physical disabilities. ed roberts described a " hierarchy of disability " where certain disabilities were considered to rank higher than others. in these hierarchies, people with intellectual and developmental disabilities were seen as at the bottom. bette mcmuldren discussed the early independent living movement, saying " i remember even then – and i know independent living programs are still struggling with this now – we were trying to include people who had developmental disabilities, and we were trying to figure out how
party personally carried out the criminal offense, but where another person may have carried out the illegal act ( s ) as an agent of the charged, working together with or under the direction of the charged, who is an accessory to the crime. it is comparable to laws in some other countries governing the actions of accessories, including the similar provision in england and wales under the accessories and abettors act 1861. it is derived from the united states code ( u. s. c. ), section two of title 18 : ( a ) whoever commits an offense against the united states or aids, abets, counsels, commands, induces or procures its commission, is punishable as a principal. ( b ) whoever willfully causes an act to be done which if directly performed by him or another would be an offense against the united states, is punishable as a principal. the scope of this federal statute for aiders and abettors " is incredibly broad — it can be implied in every charge for a federal substantive offense ". the term " principal " refers to any actor who is primarily responsible for a criminal offense. for a successful prosecution, the provision of " aiding and abetting " must be considered alongside the crime itself, although a defendant can be found guilty of aiding and abetting an offense even if the principal is found not guilty of the crime itself. in all cases of aiding and abetting, it must be shown a crime has been committed, but not necessarily who committed it. it is necessary to show that the defendant has willfully associated himself with the crime being committed, that he does, through his own act or omission, as he would do if he wished for a criminal venture to succeed. under this statute, anyone who aids or abets a crime may be charged directly with the crime, as if the charged had carried out the act himself. this is distinct from the concept of being an accessory after the fact, a charge distinct from being a principal. = = = history = = = the first united states statute dealing with accessory liability was passed in 1790, and made criminally liable those who should aid and assist, procure, command, counsel or advise murder or robbery on land or sea, or piracy at sea. this was broadened in 1870 to include any felony, and by it an accessory was anyone who counsels, advises or procures the crime. these early statutes were repealed in 1909, and supplanted by 18 u. s. c. § 550, a statute
Answer:
|
war and defense power.
| 0.3 |
In 1930, Owens, the owner in fee simple of Barrenacres, a large, undeveloped tract of land, granted an easement to the Water District "to install, inspect, repair, maintain, and replace pipes" within a properly delineated strip of land 20 feet wide across Barrenacres. The easement permitted the Water District to enter Barrenacres for only the stated purposes. The Water District promptly and properly recorded the deed. In 1931, the Water District installed a water main which crossed Barrenacres within the described strip; the Water District has not since entered Barrenacres. In 1935, Owens sold Barrenacres to Peterson, but the deed, which was promptly and properly recorded, failed to refer to the Water District easement. Peterson built his home on Barrenacres in 1935, and since that time he has planted and maintained, at great expense in money, time, and effort, a formal garden area which covers, among other areas, the surface of the 20-foot easement strip. In 1976, the Water District proposed to excavate the entire length of its main in order to inspect, repair, and replace the main, to the extent necessary. At a public meeting, at which Peterson was present, the Water District announced its plans and declared its intent to do as little damage as possible to any property involved. Peterson objected to the Water District plans."Peterson asked his attorney to secure an injunction against the Water District and its proposed entry upon his property. The best advice that the attorney can give is that Peterson's attempt to secure injunctive relief will be likely to
0. succeed, because Peterson's deed from Owens did not mention the easement.
1. succeed, because more than 40 years have passed since the Water District last entered Barrenacres.
2. fail, because the Water District's plan is within its rights. 11
3. fail, because the Water District's plan is fair and equitable
lot at 110 n state street in salt lake city for development rights to an underground parking garage. in 1995, a donation by the church allowed salt lake city to daylight a creek channel through the newly created city creek park. = = = = = three creeks confluence = = = = = red butte, emigration, and parleys creeks flow into the jordan river at 1300 south and 900 west in salt lake city, ut. the site was previously paved over with a dead - end segment of 1300 south. a dilapidated, vacant home existed to the north of 1300 south on the site. the area was in a neglected condition, impacted by noxious weeds, dumping, and encroachments from private property. approximately $ 3 million was secured for the construction of the three creeks confluence, a partnership between salt lake city and the seven canyons trust. red butte, emigration, and parleys creeks were daylighted 200 feet in a newly restored channel up to 900 west. the site includes a jordan river trail connection, fishing bridge, and plaza space. in 2017, an achievement award from the utah chapter of the american planning association was received for the innovative project design and creative community engagement process. = = = = seattle, washington = = = = = = = = = pipers creek = = = = = pipers creek in the central to north greenwood area is joined by venema and mohlendorph creeks in carkeek park on puget sound. pipers is one of the four largest streams in urban seattle, together with longfellow, taylor, and thornton creeks. pipers creek drains a 1, 835 - acre ( 7 km2 ) watershed into puget sound, from a residential upper plateau that is most of the watershed, through the steep ravines of the 216 acres ( 0. 9 km2 ) of carkeek park. the headwaters begin in the north greenwood neighborhood. as a result of project efforts, salmon were brought back to pipers creek, venema, and mohlendorph creeks in the mid - 2000s after a fifty - year absence. the latter is named for the late ted mohlendorph, a biologist who spearheaded efforts to restore the watershed as salmon habitat. though augmented by hatchery fish, anywhere from 200 to 600 chum salmon return each november, along with a few coho in the fall and fewer occasional winter steelhead. inspirationally, several hundred small resident coastal cutthroat trout live in the watershed, believed to be native fish that survived decades
attention and funds were diverted owing to the civil war and reconstruction. not until after 1877 did attention return to the everglades. = = = hamilton disston's canals = = = after the civil war, an agency named the internal improvement fund ( iif ), charged with using grant money to improve florida's infrastructure through canals, rail lines, and roads, was eager to be rid of the debt incurred by the civil war. iif trustees found a pennsylvania real estate developer named hamilton disston who was interested in implementing plans to drain the land for agriculture. disston was persuaded to buy 4, 000, 000 acres ( 16, 000 km2 ) of land for $ 1 million in 1881 ( $ 32. 6 million in 2024 ). the new york times declared it the largest purchase of land ever by any individual. disston began building canals near st. cloud to lower the basin of the caloosahatchee and kissimmee rivers. his workers and engineers faced conditions similar to those of the soldiers during the seminole wars ; it was harrowing, backbreaking labor in dangerous conditions. the canals seemed at first to work in lowering the water levels in the wetlands surrounding the rivers. another dredged waterway between the gulf of mexico and lake okeechobee was built, opening the region to steamboat traffic. disston's engineers focused on lake okeechobee as well. as one colleague put it, " okeechobee is the point to attack " ; the canals were to be " equal or greater than the inflow from the kissimmee valley, which is the source of all the evil. " disston sponsored the digging of a canal 11 miles ( 18 km ) long from lake okeechobee towards miami, but it was abandoned when the rock proved denser than the engineers had expected. though the canals lowered the groundwater, their capacity was inadequate for the wet season. a report that evaluated the failure of the project concluded : " the reduction of the waters is simply a question of sufficient capacity in the canals which may be dug for their relief ". though disston's canals did not drain, his purchase primed the economy of florida. it made news and attracted tourists and land buyers alike. within four years property values doubled, and the population increased significantly. one newcomer was the inventor thomas edison, who bought a home in fort myers. disston opened real estate offices throughout the united states and europe, and sold tracts of land
irrigation is the artificial exploitation and distribution of water at project level aiming at application of water at field level to agricultural crops in dry areas or in periods of scarce rainfall to assure or improve crop production. this article discusses organizational forms and means of management of irrigation water at project ( system ) level. = = history = = scholars such as julian h. steward and karl august wittfogel have seen the management of irrigation as a crucial factor in the development of many early states ( hydraulic empires ). = = water management = = the most important physical elements of an irrigation project are land and water. in accordance with the propriety relations of these elements there may be different types of water management : the communal type the enterprise type the utility type from the point of view of water, the universal law of water balance must be obeyed for any water use system, including an irrigation system. = = = communal type = = = until the end of the 19th century the development of irrigation projects occurred at a mild pace, reaching a total area of some 50 million ha worldwide, which is about 1 / 5 of the present area ( see irrigation statistics ). the land was often private ha " privates " property or assigned by the village authorities to male or female farmers, but the water resources were in the hands of clans or communities who managed the water resources cooperatively. = = = enterprise type = = = the enterprise type of water management occurred under large landowners or agricultural corporations, but also in centrally controlled societies. both the land and water resources are in one hand. large plantations were found in colonised countries in asia, africa, and latin america, but also in countries employing slave labor. it concerned mostly the large scale cultivation of commercial crops such as bananas, sugarcane and cotton. as a result of land reforms, in many countries the estates were reformed into a cooperatives in which the previous employers became members and exercised a cooperative form of land and water management. = = = utility type = = = the utility type of water management occurs in areas where the land is owned by many, but the exploitation and distribution of the water resources are managed by ( government ) organizations. after 1900 governments assumed more influence over irrigation because : water was increasingly considered government property owing to the increasing demand for good quality water and the reducing availability governments embarked on large scale irrigation projects as they were considered more efficient the development of new irrigation schemes became technically, financially and organizationally so complicated that they fell outside the capabilities of the smaller communities the import and export policies of governments required the cultivation of commercial
the leaky acres recharge facility is a groundwater recharge facility located in fresno, california. the facility began as a joint research project by the city of fresno water division and the us department of agriculture. it first began percolating water in 1971 and was subsequently expanded and duplicated in other areas of the city. = = history = = following years of population growth and installing wells to meet domestic water demands, the city of fresno saw falling groundwater levels at their wells. in 1960, the average - depth - to - water was 68 feet, while in 1978 it was 81 feet. these falling water levels under the urbanized area stood in contrast to the rising water levels around the wastewater treatment plant located outside the city to the southwest, which received and disposed of the bulk of the stormwater flow. a research project was begun with the intent to artificially recharge the aquifer using stormwater and other surface water, sending it under the urbanized area and hopefully lift groundwater levels. fresno water division superintendent charles gorham worked with local united states department of agriculture station leader william bianchi to develop a 117 - acre groundwater recharge basin in central fresno which they called " leaky acres ". they located the basin at chestnut and dakota avenues, next to the fresno international airport. the experiment first began percolating water in 1971 and saw 0. 7 of water per acre per day sink into the soil over a 4 - month period. they reported their findings in 1972 and converted operations from an experiment to a permanent facility. there were early concerns about mosquitos and midges spawning in basins but some mitigation measures were put in place. usda station leader bianchi wrote a technical report about the project which was selected as best paper of 1974 by the american water works association. the association commended bianchi for the successful project and for providing an example for other municipalities to solve groundwater recharge challenges. an expansion adding approximately 70 acres to the facility was completed in 1979. other agencies, such as the fresno irrigation district and the fresno municipal flood control district, built their own groundwater recharge facilities. the total construction and land costs for the expanded facility was $ 1, 457, 100. = = design = = leaky acres has 117 acres of ponding surface in 10 basins. the basins are designed to speed up the process of water soaking into the ground. drainage tile was placed five feet underground forming a type of french drain system. the water from the drainage tile flows into a well
and became the best - selling publication produced by the stationery office to date. a supplementary report was also published in 1843. he employed john roe, the surveyor for the district of holborn and finsbury who had invented the egg - shaped sewer, to conduct experiments on the most efficient ways to construct drains, the results of which were incorporated into the report, and the summary included eight points, including the absolute necessity of better water supplies and of a drainage system to remove waste, as ways to diminish premature mortality. evidence given by dr dyce guthrie convinced chadwick that every house should have a permanent water supply, rather than the intermittent supplies from standpipes that were often provided. the report caught the public imagination, and the government had to set up a royal commission on the health of towns to consider the issues and recommend legislation. its chairman was the duke of buccleuch, and there were thirteen members, including the engineers robert stephenson and william cubitt. chadwick acted as secretary in an unofficial capacity, and seems to have dominated the proceedings. the commission took evidence from robert thom, who had designed a water supply system for greenock, thomas wicksteed, who was the engineer for the east london waterworks company, and thomas hawksley from the trent waterworks, nottingham. these confirmed his ideas about constant water supplies, and he developed a model which he called the " venous and arterial system. " each house would have a constant water supply, and water - closets would ensure that soil was discharged into egg - shaped sewers, to be carried away and spread on the land as manure, preventing rivers from becoming polluted. followed the publication of the commission's report, the health of towns association was formed and various city - based branches were created. chadwick later helped to ensure that the waterworks clauses act 1847 became law, to limit the profits that water supply companies could make to 10 per cent, and requiring them to comply with reasonable demands for water. this included a constant supply of wholesome water for houses, and a supply for cleansing sewers and watering streets. chadwick wanted to see his ideas implemented over a wide area, and set about forming a company to supply water to towns, to ensure their drainage and cleansing, and to use the refuse for agricultural production. it was to have the grandiose title " the british, colonial and foreign drainage, water supply and towns improvement company ", with an initial capital of £1 million, but it was the time of the railway mania
Answer:
|
fail, because the Water District's plan is within its rights. 11
| null |
In 1930, Owens, the owner in fee simple of Barrenacres, a large, undeveloped tract of land, granted an easement to the Water District "to install, inspect, repair, maintain, and replace pipes" within a properly delineated strip of land 20 feet wide across Barrenacres. The easement permitted the Water District to enter Barrenacres for only the stated purposes. The Water District promptly and properly recorded the deed. In 1931, the Water District installed a water main which crossed Barrenacres within the described strip; the Water District has not since entered Barrenacres. In 1935, Owens sold Barrenacres to Peterson, but the deed, which was promptly and properly recorded, failed to refer to the Water District easement. Peterson built his home on Barrenacres in 1935, and since that time he has planted and maintained, at great expense in money, time, and effort, a formal garden area which covers, among other areas, the surface of the 20-foot easement strip. In 1976, the Water District proposed to excavate the entire length of its main in order to inspect, repair, and replace the main, to the extent necessary. At a public meeting, at which Peterson was present, the Water District announced its plans and declared its intent to do as little damage as possible to any property involved. Peterson objected to the Water District plans."Peterson asked his attorney to secure an injunction against the Water District and its proposed entry upon his property. The best advice that the attorney can give is that Peterson's attempt to secure injunctive relief will be likely to
0. succeed, because Peterson's deed from Owens did not mention the easement.
1. succeed, because more than 40 years have passed since the Water District last entered Barrenacres.
2. fail, because the Water District's plan is within its rights. 11
3. fail, because the Water District's plan is fair and equitable
lot at 110 n state street in salt lake city for development rights to an underground parking garage. in 1995, a donation by the church allowed salt lake city to daylight a creek channel through the newly created city creek park. = = = = = three creeks confluence = = = = = red butte, emigration, and parleys creeks flow into the jordan river at 1300 south and 900 west in salt lake city, ut. the site was previously paved over with a dead - end segment of 1300 south. a dilapidated, vacant home existed to the north of 1300 south on the site. the area was in a neglected condition, impacted by noxious weeds, dumping, and encroachments from private property. approximately $ 3 million was secured for the construction of the three creeks confluence, a partnership between salt lake city and the seven canyons trust. red butte, emigration, and parleys creeks were daylighted 200 feet in a newly restored channel up to 900 west. the site includes a jordan river trail connection, fishing bridge, and plaza space. in 2017, an achievement award from the utah chapter of the american planning association was received for the innovative project design and creative community engagement process. = = = = seattle, washington = = = = = = = = = pipers creek = = = = = pipers creek in the central to north greenwood area is joined by venema and mohlendorph creeks in carkeek park on puget sound. pipers is one of the four largest streams in urban seattle, together with longfellow, taylor, and thornton creeks. pipers creek drains a 1, 835 - acre ( 7 km2 ) watershed into puget sound, from a residential upper plateau that is most of the watershed, through the steep ravines of the 216 acres ( 0. 9 km2 ) of carkeek park. the headwaters begin in the north greenwood neighborhood. as a result of project efforts, salmon were brought back to pipers creek, venema, and mohlendorph creeks in the mid - 2000s after a fifty - year absence. the latter is named for the late ted mohlendorph, a biologist who spearheaded efforts to restore the watershed as salmon habitat. though augmented by hatchery fish, anywhere from 200 to 600 chum salmon return each november, along with a few coho in the fall and fewer occasional winter steelhead. inspirationally, several hundred small resident coastal cutthroat trout live in the watershed, believed to be native fish that survived decades
attention and funds were diverted owing to the civil war and reconstruction. not until after 1877 did attention return to the everglades. = = = hamilton disston's canals = = = after the civil war, an agency named the internal improvement fund ( iif ), charged with using grant money to improve florida's infrastructure through canals, rail lines, and roads, was eager to be rid of the debt incurred by the civil war. iif trustees found a pennsylvania real estate developer named hamilton disston who was interested in implementing plans to drain the land for agriculture. disston was persuaded to buy 4, 000, 000 acres ( 16, 000 km2 ) of land for $ 1 million in 1881 ( $ 32. 6 million in 2024 ). the new york times declared it the largest purchase of land ever by any individual. disston began building canals near st. cloud to lower the basin of the caloosahatchee and kissimmee rivers. his workers and engineers faced conditions similar to those of the soldiers during the seminole wars ; it was harrowing, backbreaking labor in dangerous conditions. the canals seemed at first to work in lowering the water levels in the wetlands surrounding the rivers. another dredged waterway between the gulf of mexico and lake okeechobee was built, opening the region to steamboat traffic. disston's engineers focused on lake okeechobee as well. as one colleague put it, " okeechobee is the point to attack " ; the canals were to be " equal or greater than the inflow from the kissimmee valley, which is the source of all the evil. " disston sponsored the digging of a canal 11 miles ( 18 km ) long from lake okeechobee towards miami, but it was abandoned when the rock proved denser than the engineers had expected. though the canals lowered the groundwater, their capacity was inadequate for the wet season. a report that evaluated the failure of the project concluded : " the reduction of the waters is simply a question of sufficient capacity in the canals which may be dug for their relief ". though disston's canals did not drain, his purchase primed the economy of florida. it made news and attracted tourists and land buyers alike. within four years property values doubled, and the population increased significantly. one newcomer was the inventor thomas edison, who bought a home in fort myers. disston opened real estate offices throughout the united states and europe, and sold tracts of land
irrigation is the artificial exploitation and distribution of water at project level aiming at application of water at field level to agricultural crops in dry areas or in periods of scarce rainfall to assure or improve crop production. this article discusses organizational forms and means of management of irrigation water at project ( system ) level. = = history = = scholars such as julian h. steward and karl august wittfogel have seen the management of irrigation as a crucial factor in the development of many early states ( hydraulic empires ). = = water management = = the most important physical elements of an irrigation project are land and water. in accordance with the propriety relations of these elements there may be different types of water management : the communal type the enterprise type the utility type from the point of view of water, the universal law of water balance must be obeyed for any water use system, including an irrigation system. = = = communal type = = = until the end of the 19th century the development of irrigation projects occurred at a mild pace, reaching a total area of some 50 million ha worldwide, which is about 1 / 5 of the present area ( see irrigation statistics ). the land was often private ha " privates " property or assigned by the village authorities to male or female farmers, but the water resources were in the hands of clans or communities who managed the water resources cooperatively. = = = enterprise type = = = the enterprise type of water management occurred under large landowners or agricultural corporations, but also in centrally controlled societies. both the land and water resources are in one hand. large plantations were found in colonised countries in asia, africa, and latin america, but also in countries employing slave labor. it concerned mostly the large scale cultivation of commercial crops such as bananas, sugarcane and cotton. as a result of land reforms, in many countries the estates were reformed into a cooperatives in which the previous employers became members and exercised a cooperative form of land and water management. = = = utility type = = = the utility type of water management occurs in areas where the land is owned by many, but the exploitation and distribution of the water resources are managed by ( government ) organizations. after 1900 governments assumed more influence over irrigation because : water was increasingly considered government property owing to the increasing demand for good quality water and the reducing availability governments embarked on large scale irrigation projects as they were considered more efficient the development of new irrigation schemes became technically, financially and organizationally so complicated that they fell outside the capabilities of the smaller communities the import and export policies of governments required the cultivation of commercial
the leaky acres recharge facility is a groundwater recharge facility located in fresno, california. the facility began as a joint research project by the city of fresno water division and the us department of agriculture. it first began percolating water in 1971 and was subsequently expanded and duplicated in other areas of the city. = = history = = following years of population growth and installing wells to meet domestic water demands, the city of fresno saw falling groundwater levels at their wells. in 1960, the average - depth - to - water was 68 feet, while in 1978 it was 81 feet. these falling water levels under the urbanized area stood in contrast to the rising water levels around the wastewater treatment plant located outside the city to the southwest, which received and disposed of the bulk of the stormwater flow. a research project was begun with the intent to artificially recharge the aquifer using stormwater and other surface water, sending it under the urbanized area and hopefully lift groundwater levels. fresno water division superintendent charles gorham worked with local united states department of agriculture station leader william bianchi to develop a 117 - acre groundwater recharge basin in central fresno which they called " leaky acres ". they located the basin at chestnut and dakota avenues, next to the fresno international airport. the experiment first began percolating water in 1971 and saw 0. 7 of water per acre per day sink into the soil over a 4 - month period. they reported their findings in 1972 and converted operations from an experiment to a permanent facility. there were early concerns about mosquitos and midges spawning in basins but some mitigation measures were put in place. usda station leader bianchi wrote a technical report about the project which was selected as best paper of 1974 by the american water works association. the association commended bianchi for the successful project and for providing an example for other municipalities to solve groundwater recharge challenges. an expansion adding approximately 70 acres to the facility was completed in 1979. other agencies, such as the fresno irrigation district and the fresno municipal flood control district, built their own groundwater recharge facilities. the total construction and land costs for the expanded facility was $ 1, 457, 100. = = design = = leaky acres has 117 acres of ponding surface in 10 basins. the basins are designed to speed up the process of water soaking into the ground. drainage tile was placed five feet underground forming a type of french drain system. the water from the drainage tile flows into a well
and became the best - selling publication produced by the stationery office to date. a supplementary report was also published in 1843. he employed john roe, the surveyor for the district of holborn and finsbury who had invented the egg - shaped sewer, to conduct experiments on the most efficient ways to construct drains, the results of which were incorporated into the report, and the summary included eight points, including the absolute necessity of better water supplies and of a drainage system to remove waste, as ways to diminish premature mortality. evidence given by dr dyce guthrie convinced chadwick that every house should have a permanent water supply, rather than the intermittent supplies from standpipes that were often provided. the report caught the public imagination, and the government had to set up a royal commission on the health of towns to consider the issues and recommend legislation. its chairman was the duke of buccleuch, and there were thirteen members, including the engineers robert stephenson and william cubitt. chadwick acted as secretary in an unofficial capacity, and seems to have dominated the proceedings. the commission took evidence from robert thom, who had designed a water supply system for greenock, thomas wicksteed, who was the engineer for the east london waterworks company, and thomas hawksley from the trent waterworks, nottingham. these confirmed his ideas about constant water supplies, and he developed a model which he called the " venous and arterial system. " each house would have a constant water supply, and water - closets would ensure that soil was discharged into egg - shaped sewers, to be carried away and spread on the land as manure, preventing rivers from becoming polluted. followed the publication of the commission's report, the health of towns association was formed and various city - based branches were created. chadwick later helped to ensure that the waterworks clauses act 1847 became law, to limit the profits that water supply companies could make to 10 per cent, and requiring them to comply with reasonable demands for water. this included a constant supply of wholesome water for houses, and a supply for cleansing sewers and watering streets. chadwick wanted to see his ideas implemented over a wide area, and set about forming a company to supply water to towns, to ensure their drainage and cleansing, and to use the refuse for agricultural production. it was to have the grandiose title " the british, colonial and foreign drainage, water supply and towns improvement company ", with an initial capital of £1 million, but it was the time of the railway mania
Answer:
|
succeed, because Peterson's deed from Owens did not mention the easement.
| 0.3 |
In 1930, Owens, the owner in fee simple of Barrenacres, a large, undeveloped tract of land, granted an easement to the Water District "to install, inspect, repair, maintain, and replace pipes" within a properly delineated strip of land 20 feet wide across Barrenacres. The easement permitted the Water District to enter Barrenacres for only the stated purposes. The Water District promptly and properly recorded the deed. In 1931, the Water District installed a water main which crossed Barrenacres within the described strip; the Water District has not since entered Barrenacres. In 1935, Owens sold Barrenacres to Peterson, but the deed, which was promptly and properly recorded, failed to refer to the Water District easement. Peterson built his home on Barrenacres in 1935, and since that time he has planted and maintained, at great expense in money, time, and effort, a formal garden area which covers, among other areas, the surface of the 20-foot easement strip. In 1976, the Water District proposed to excavate the entire length of its main in order to inspect, repair, and replace the main, to the extent necessary. At a public meeting, at which Peterson was present, the Water District announced its plans and declared its intent to do as little damage as possible to any property involved. Peterson objected to the Water District plans."Assume that Peterson reserved his rights and after the Water District completed its work sued for the $5,000 in damages he suffered by reason of the Water District entry. Peterson's attempt to secure damages probably will
0. succeed, because his deed from Owens did not mention the easement.
1. succeed, because of an implied obligation imposed on the Water District to restore the surface to its condition prior to entry.
2. fail, because of the public interest in maintaining a continuous water supply.
3. fail, because the Water District acted within its rights
lot at 110 n state street in salt lake city for development rights to an underground parking garage. in 1995, a donation by the church allowed salt lake city to daylight a creek channel through the newly created city creek park. = = = = = three creeks confluence = = = = = red butte, emigration, and parleys creeks flow into the jordan river at 1300 south and 900 west in salt lake city, ut. the site was previously paved over with a dead - end segment of 1300 south. a dilapidated, vacant home existed to the north of 1300 south on the site. the area was in a neglected condition, impacted by noxious weeds, dumping, and encroachments from private property. approximately $ 3 million was secured for the construction of the three creeks confluence, a partnership between salt lake city and the seven canyons trust. red butte, emigration, and parleys creeks were daylighted 200 feet in a newly restored channel up to 900 west. the site includes a jordan river trail connection, fishing bridge, and plaza space. in 2017, an achievement award from the utah chapter of the american planning association was received for the innovative project design and creative community engagement process. = = = = seattle, washington = = = = = = = = = pipers creek = = = = = pipers creek in the central to north greenwood area is joined by venema and mohlendorph creeks in carkeek park on puget sound. pipers is one of the four largest streams in urban seattle, together with longfellow, taylor, and thornton creeks. pipers creek drains a 1, 835 - acre ( 7 km2 ) watershed into puget sound, from a residential upper plateau that is most of the watershed, through the steep ravines of the 216 acres ( 0. 9 km2 ) of carkeek park. the headwaters begin in the north greenwood neighborhood. as a result of project efforts, salmon were brought back to pipers creek, venema, and mohlendorph creeks in the mid - 2000s after a fifty - year absence. the latter is named for the late ted mohlendorph, a biologist who spearheaded efforts to restore the watershed as salmon habitat. though augmented by hatchery fish, anywhere from 200 to 600 chum salmon return each november, along with a few coho in the fall and fewer occasional winter steelhead. inspirationally, several hundred small resident coastal cutthroat trout live in the watershed, believed to be native fish that survived decades
attention and funds were diverted owing to the civil war and reconstruction. not until after 1877 did attention return to the everglades. = = = hamilton disston's canals = = = after the civil war, an agency named the internal improvement fund ( iif ), charged with using grant money to improve florida's infrastructure through canals, rail lines, and roads, was eager to be rid of the debt incurred by the civil war. iif trustees found a pennsylvania real estate developer named hamilton disston who was interested in implementing plans to drain the land for agriculture. disston was persuaded to buy 4, 000, 000 acres ( 16, 000 km2 ) of land for $ 1 million in 1881 ( $ 32. 6 million in 2024 ). the new york times declared it the largest purchase of land ever by any individual. disston began building canals near st. cloud to lower the basin of the caloosahatchee and kissimmee rivers. his workers and engineers faced conditions similar to those of the soldiers during the seminole wars ; it was harrowing, backbreaking labor in dangerous conditions. the canals seemed at first to work in lowering the water levels in the wetlands surrounding the rivers. another dredged waterway between the gulf of mexico and lake okeechobee was built, opening the region to steamboat traffic. disston's engineers focused on lake okeechobee as well. as one colleague put it, " okeechobee is the point to attack " ; the canals were to be " equal or greater than the inflow from the kissimmee valley, which is the source of all the evil. " disston sponsored the digging of a canal 11 miles ( 18 km ) long from lake okeechobee towards miami, but it was abandoned when the rock proved denser than the engineers had expected. though the canals lowered the groundwater, their capacity was inadequate for the wet season. a report that evaluated the failure of the project concluded : " the reduction of the waters is simply a question of sufficient capacity in the canals which may be dug for their relief ". though disston's canals did not drain, his purchase primed the economy of florida. it made news and attracted tourists and land buyers alike. within four years property values doubled, and the population increased significantly. one newcomer was the inventor thomas edison, who bought a home in fort myers. disston opened real estate offices throughout the united states and europe, and sold tracts of land
irrigation is the artificial exploitation and distribution of water at project level aiming at application of water at field level to agricultural crops in dry areas or in periods of scarce rainfall to assure or improve crop production. this article discusses organizational forms and means of management of irrigation water at project ( system ) level. = = history = = scholars such as julian h. steward and karl august wittfogel have seen the management of irrigation as a crucial factor in the development of many early states ( hydraulic empires ). = = water management = = the most important physical elements of an irrigation project are land and water. in accordance with the propriety relations of these elements there may be different types of water management : the communal type the enterprise type the utility type from the point of view of water, the universal law of water balance must be obeyed for any water use system, including an irrigation system. = = = communal type = = = until the end of the 19th century the development of irrigation projects occurred at a mild pace, reaching a total area of some 50 million ha worldwide, which is about 1 / 5 of the present area ( see irrigation statistics ). the land was often private ha " privates " property or assigned by the village authorities to male or female farmers, but the water resources were in the hands of clans or communities who managed the water resources cooperatively. = = = enterprise type = = = the enterprise type of water management occurred under large landowners or agricultural corporations, but also in centrally controlled societies. both the land and water resources are in one hand. large plantations were found in colonised countries in asia, africa, and latin america, but also in countries employing slave labor. it concerned mostly the large scale cultivation of commercial crops such as bananas, sugarcane and cotton. as a result of land reforms, in many countries the estates were reformed into a cooperatives in which the previous employers became members and exercised a cooperative form of land and water management. = = = utility type = = = the utility type of water management occurs in areas where the land is owned by many, but the exploitation and distribution of the water resources are managed by ( government ) organizations. after 1900 governments assumed more influence over irrigation because : water was increasingly considered government property owing to the increasing demand for good quality water and the reducing availability governments embarked on large scale irrigation projects as they were considered more efficient the development of new irrigation schemes became technically, financially and organizationally so complicated that they fell outside the capabilities of the smaller communities the import and export policies of governments required the cultivation of commercial
the leaky acres recharge facility is a groundwater recharge facility located in fresno, california. the facility began as a joint research project by the city of fresno water division and the us department of agriculture. it first began percolating water in 1971 and was subsequently expanded and duplicated in other areas of the city. = = history = = following years of population growth and installing wells to meet domestic water demands, the city of fresno saw falling groundwater levels at their wells. in 1960, the average - depth - to - water was 68 feet, while in 1978 it was 81 feet. these falling water levels under the urbanized area stood in contrast to the rising water levels around the wastewater treatment plant located outside the city to the southwest, which received and disposed of the bulk of the stormwater flow. a research project was begun with the intent to artificially recharge the aquifer using stormwater and other surface water, sending it under the urbanized area and hopefully lift groundwater levels. fresno water division superintendent charles gorham worked with local united states department of agriculture station leader william bianchi to develop a 117 - acre groundwater recharge basin in central fresno which they called " leaky acres ". they located the basin at chestnut and dakota avenues, next to the fresno international airport. the experiment first began percolating water in 1971 and saw 0. 7 of water per acre per day sink into the soil over a 4 - month period. they reported their findings in 1972 and converted operations from an experiment to a permanent facility. there were early concerns about mosquitos and midges spawning in basins but some mitigation measures were put in place. usda station leader bianchi wrote a technical report about the project which was selected as best paper of 1974 by the american water works association. the association commended bianchi for the successful project and for providing an example for other municipalities to solve groundwater recharge challenges. an expansion adding approximately 70 acres to the facility was completed in 1979. other agencies, such as the fresno irrigation district and the fresno municipal flood control district, built their own groundwater recharge facilities. the total construction and land costs for the expanded facility was $ 1, 457, 100. = = design = = leaky acres has 117 acres of ponding surface in 10 basins. the basins are designed to speed up the process of water soaking into the ground. drainage tile was placed five feet underground forming a type of french drain system. the water from the drainage tile flows into a well
and became the best - selling publication produced by the stationery office to date. a supplementary report was also published in 1843. he employed john roe, the surveyor for the district of holborn and finsbury who had invented the egg - shaped sewer, to conduct experiments on the most efficient ways to construct drains, the results of which were incorporated into the report, and the summary included eight points, including the absolute necessity of better water supplies and of a drainage system to remove waste, as ways to diminish premature mortality. evidence given by dr dyce guthrie convinced chadwick that every house should have a permanent water supply, rather than the intermittent supplies from standpipes that were often provided. the report caught the public imagination, and the government had to set up a royal commission on the health of towns to consider the issues and recommend legislation. its chairman was the duke of buccleuch, and there were thirteen members, including the engineers robert stephenson and william cubitt. chadwick acted as secretary in an unofficial capacity, and seems to have dominated the proceedings. the commission took evidence from robert thom, who had designed a water supply system for greenock, thomas wicksteed, who was the engineer for the east london waterworks company, and thomas hawksley from the trent waterworks, nottingham. these confirmed his ideas about constant water supplies, and he developed a model which he called the " venous and arterial system. " each house would have a constant water supply, and water - closets would ensure that soil was discharged into egg - shaped sewers, to be carried away and spread on the land as manure, preventing rivers from becoming polluted. followed the publication of the commission's report, the health of towns association was formed and various city - based branches were created. chadwick later helped to ensure that the waterworks clauses act 1847 became law, to limit the profits that water supply companies could make to 10 per cent, and requiring them to comply with reasonable demands for water. this included a constant supply of wholesome water for houses, and a supply for cleansing sewers and watering streets. chadwick wanted to see his ideas implemented over a wide area, and set about forming a company to supply water to towns, to ensure their drainage and cleansing, and to use the refuse for agricultural production. it was to have the grandiose title " the british, colonial and foreign drainage, water supply and towns improvement company ", with an initial capital of £1 million, but it was the time of the railway mania
Answer:
|
fail, because the Water District acted within its rights
| null |
In 1930, Owens, the owner in fee simple of Barrenacres, a large, undeveloped tract of land, granted an easement to the Water District "to install, inspect, repair, maintain, and replace pipes" within a properly delineated strip of land 20 feet wide across Barrenacres. The easement permitted the Water District to enter Barrenacres for only the stated purposes. The Water District promptly and properly recorded the deed. In 1931, the Water District installed a water main which crossed Barrenacres within the described strip; the Water District has not since entered Barrenacres. In 1935, Owens sold Barrenacres to Peterson, but the deed, which was promptly and properly recorded, failed to refer to the Water District easement. Peterson built his home on Barrenacres in 1935, and since that time he has planted and maintained, at great expense in money, time, and effort, a formal garden area which covers, among other areas, the surface of the 20-foot easement strip. In 1976, the Water District proposed to excavate the entire length of its main in order to inspect, repair, and replace the main, to the extent necessary. At a public meeting, at which Peterson was present, the Water District announced its plans and declared its intent to do as little damage as possible to any property involved. Peterson objected to the Water District plans."Assume that Peterson reserved his rights and after the Water District completed its work sued for the $5,000 in damages he suffered by reason of the Water District entry. Peterson's attempt to secure damages probably will
0. succeed, because his deed from Owens did not mention the easement.
1. succeed, because of an implied obligation imposed on the Water District to restore the surface to its condition prior to entry.
2. fail, because of the public interest in maintaining a continuous water supply.
3. fail, because the Water District acted within its rights
lot at 110 n state street in salt lake city for development rights to an underground parking garage. in 1995, a donation by the church allowed salt lake city to daylight a creek channel through the newly created city creek park. = = = = = three creeks confluence = = = = = red butte, emigration, and parleys creeks flow into the jordan river at 1300 south and 900 west in salt lake city, ut. the site was previously paved over with a dead - end segment of 1300 south. a dilapidated, vacant home existed to the north of 1300 south on the site. the area was in a neglected condition, impacted by noxious weeds, dumping, and encroachments from private property. approximately $ 3 million was secured for the construction of the three creeks confluence, a partnership between salt lake city and the seven canyons trust. red butte, emigration, and parleys creeks were daylighted 200 feet in a newly restored channel up to 900 west. the site includes a jordan river trail connection, fishing bridge, and plaza space. in 2017, an achievement award from the utah chapter of the american planning association was received for the innovative project design and creative community engagement process. = = = = seattle, washington = = = = = = = = = pipers creek = = = = = pipers creek in the central to north greenwood area is joined by venema and mohlendorph creeks in carkeek park on puget sound. pipers is one of the four largest streams in urban seattle, together with longfellow, taylor, and thornton creeks. pipers creek drains a 1, 835 - acre ( 7 km2 ) watershed into puget sound, from a residential upper plateau that is most of the watershed, through the steep ravines of the 216 acres ( 0. 9 km2 ) of carkeek park. the headwaters begin in the north greenwood neighborhood. as a result of project efforts, salmon were brought back to pipers creek, venema, and mohlendorph creeks in the mid - 2000s after a fifty - year absence. the latter is named for the late ted mohlendorph, a biologist who spearheaded efforts to restore the watershed as salmon habitat. though augmented by hatchery fish, anywhere from 200 to 600 chum salmon return each november, along with a few coho in the fall and fewer occasional winter steelhead. inspirationally, several hundred small resident coastal cutthroat trout live in the watershed, believed to be native fish that survived decades
attention and funds were diverted owing to the civil war and reconstruction. not until after 1877 did attention return to the everglades. = = = hamilton disston's canals = = = after the civil war, an agency named the internal improvement fund ( iif ), charged with using grant money to improve florida's infrastructure through canals, rail lines, and roads, was eager to be rid of the debt incurred by the civil war. iif trustees found a pennsylvania real estate developer named hamilton disston who was interested in implementing plans to drain the land for agriculture. disston was persuaded to buy 4, 000, 000 acres ( 16, 000 km2 ) of land for $ 1 million in 1881 ( $ 32. 6 million in 2024 ). the new york times declared it the largest purchase of land ever by any individual. disston began building canals near st. cloud to lower the basin of the caloosahatchee and kissimmee rivers. his workers and engineers faced conditions similar to those of the soldiers during the seminole wars ; it was harrowing, backbreaking labor in dangerous conditions. the canals seemed at first to work in lowering the water levels in the wetlands surrounding the rivers. another dredged waterway between the gulf of mexico and lake okeechobee was built, opening the region to steamboat traffic. disston's engineers focused on lake okeechobee as well. as one colleague put it, " okeechobee is the point to attack " ; the canals were to be " equal or greater than the inflow from the kissimmee valley, which is the source of all the evil. " disston sponsored the digging of a canal 11 miles ( 18 km ) long from lake okeechobee towards miami, but it was abandoned when the rock proved denser than the engineers had expected. though the canals lowered the groundwater, their capacity was inadequate for the wet season. a report that evaluated the failure of the project concluded : " the reduction of the waters is simply a question of sufficient capacity in the canals which may be dug for their relief ". though disston's canals did not drain, his purchase primed the economy of florida. it made news and attracted tourists and land buyers alike. within four years property values doubled, and the population increased significantly. one newcomer was the inventor thomas edison, who bought a home in fort myers. disston opened real estate offices throughout the united states and europe, and sold tracts of land
irrigation is the artificial exploitation and distribution of water at project level aiming at application of water at field level to agricultural crops in dry areas or in periods of scarce rainfall to assure or improve crop production. this article discusses organizational forms and means of management of irrigation water at project ( system ) level. = = history = = scholars such as julian h. steward and karl august wittfogel have seen the management of irrigation as a crucial factor in the development of many early states ( hydraulic empires ). = = water management = = the most important physical elements of an irrigation project are land and water. in accordance with the propriety relations of these elements there may be different types of water management : the communal type the enterprise type the utility type from the point of view of water, the universal law of water balance must be obeyed for any water use system, including an irrigation system. = = = communal type = = = until the end of the 19th century the development of irrigation projects occurred at a mild pace, reaching a total area of some 50 million ha worldwide, which is about 1 / 5 of the present area ( see irrigation statistics ). the land was often private ha " privates " property or assigned by the village authorities to male or female farmers, but the water resources were in the hands of clans or communities who managed the water resources cooperatively. = = = enterprise type = = = the enterprise type of water management occurred under large landowners or agricultural corporations, but also in centrally controlled societies. both the land and water resources are in one hand. large plantations were found in colonised countries in asia, africa, and latin america, but also in countries employing slave labor. it concerned mostly the large scale cultivation of commercial crops such as bananas, sugarcane and cotton. as a result of land reforms, in many countries the estates were reformed into a cooperatives in which the previous employers became members and exercised a cooperative form of land and water management. = = = utility type = = = the utility type of water management occurs in areas where the land is owned by many, but the exploitation and distribution of the water resources are managed by ( government ) organizations. after 1900 governments assumed more influence over irrigation because : water was increasingly considered government property owing to the increasing demand for good quality water and the reducing availability governments embarked on large scale irrigation projects as they were considered more efficient the development of new irrigation schemes became technically, financially and organizationally so complicated that they fell outside the capabilities of the smaller communities the import and export policies of governments required the cultivation of commercial
the leaky acres recharge facility is a groundwater recharge facility located in fresno, california. the facility began as a joint research project by the city of fresno water division and the us department of agriculture. it first began percolating water in 1971 and was subsequently expanded and duplicated in other areas of the city. = = history = = following years of population growth and installing wells to meet domestic water demands, the city of fresno saw falling groundwater levels at their wells. in 1960, the average - depth - to - water was 68 feet, while in 1978 it was 81 feet. these falling water levels under the urbanized area stood in contrast to the rising water levels around the wastewater treatment plant located outside the city to the southwest, which received and disposed of the bulk of the stormwater flow. a research project was begun with the intent to artificially recharge the aquifer using stormwater and other surface water, sending it under the urbanized area and hopefully lift groundwater levels. fresno water division superintendent charles gorham worked with local united states department of agriculture station leader william bianchi to develop a 117 - acre groundwater recharge basin in central fresno which they called " leaky acres ". they located the basin at chestnut and dakota avenues, next to the fresno international airport. the experiment first began percolating water in 1971 and saw 0. 7 of water per acre per day sink into the soil over a 4 - month period. they reported their findings in 1972 and converted operations from an experiment to a permanent facility. there were early concerns about mosquitos and midges spawning in basins but some mitigation measures were put in place. usda station leader bianchi wrote a technical report about the project which was selected as best paper of 1974 by the american water works association. the association commended bianchi for the successful project and for providing an example for other municipalities to solve groundwater recharge challenges. an expansion adding approximately 70 acres to the facility was completed in 1979. other agencies, such as the fresno irrigation district and the fresno municipal flood control district, built their own groundwater recharge facilities. the total construction and land costs for the expanded facility was $ 1, 457, 100. = = design = = leaky acres has 117 acres of ponding surface in 10 basins. the basins are designed to speed up the process of water soaking into the ground. drainage tile was placed five feet underground forming a type of french drain system. the water from the drainage tile flows into a well
and became the best - selling publication produced by the stationery office to date. a supplementary report was also published in 1843. he employed john roe, the surveyor for the district of holborn and finsbury who had invented the egg - shaped sewer, to conduct experiments on the most efficient ways to construct drains, the results of which were incorporated into the report, and the summary included eight points, including the absolute necessity of better water supplies and of a drainage system to remove waste, as ways to diminish premature mortality. evidence given by dr dyce guthrie convinced chadwick that every house should have a permanent water supply, rather than the intermittent supplies from standpipes that were often provided. the report caught the public imagination, and the government had to set up a royal commission on the health of towns to consider the issues and recommend legislation. its chairman was the duke of buccleuch, and there were thirteen members, including the engineers robert stephenson and william cubitt. chadwick acted as secretary in an unofficial capacity, and seems to have dominated the proceedings. the commission took evidence from robert thom, who had designed a water supply system for greenock, thomas wicksteed, who was the engineer for the east london waterworks company, and thomas hawksley from the trent waterworks, nottingham. these confirmed his ideas about constant water supplies, and he developed a model which he called the " venous and arterial system. " each house would have a constant water supply, and water - closets would ensure that soil was discharged into egg - shaped sewers, to be carried away and spread on the land as manure, preventing rivers from becoming polluted. followed the publication of the commission's report, the health of towns association was formed and various city - based branches were created. chadwick later helped to ensure that the waterworks clauses act 1847 became law, to limit the profits that water supply companies could make to 10 per cent, and requiring them to comply with reasonable demands for water. this included a constant supply of wholesome water for houses, and a supply for cleansing sewers and watering streets. chadwick wanted to see his ideas implemented over a wide area, and set about forming a company to supply water to towns, to ensure their drainage and cleansing, and to use the refuse for agricultural production. it was to have the grandiose title " the british, colonial and foreign drainage, water supply and towns improvement company ", with an initial capital of £1 million, but it was the time of the railway mania
Answer:
|
fail, because of the public interest in maintaining a continuous water supply.
| 0.3 |
In 1960, Omar, the owner in fee simple absolute, conveyed Stoneacre, a five-acre tract of land. The relevant, operative words of the deed conveyed to "Church [a duly organized religious body having power to hold property] for the life of my son, Carl, and from and after the death of my said son, Carl, to all of my grandchildren and their heirs and assigns in equal shares; provided that Church shall use the premises for church purposes only." In an existing building on Stoneacre, Church immediately began to conduct religious services and other activities normally associated with a church. In 1975, Church granted to Darin a right to remove sand and gravel from a one-half-acre portion of Stoneacre upon the payment of a royalty. Darin has regularly removed sand and gravel since 1975 and paid the royalty to Church. Church has continued to conduct religious services and other church activities on Stoneacre All four of the living grandchildren of Omar, joined by a guardian ad litem to represent unborn grandchildren, instituted suit against Church and Darin seeking damages for the removal of sand and gravel and an injunction preventing further acts of removal. There is no applicable statute. Which of the following best describes the likely disposition of this lawsuit?
0. The plaintiffs should succeed, because the interest of Church terminated with the first removal of sand and gravel
1. Church and Darin should be enjoined, and damages should be recovered but impounded for future distribution.
2. The injunction should be granted, but damages should be denied, because Omar and Carl are not parties to the action.
3. Damages should be awarded, but the injunction should be denied.
apollo 17 goodwill moon rock had finally been given back to the people of spain in 2007 by the family of admiral luis carrero ; and jauregui suggested that spain's apollo 11 moon rock, as referenced in the title of the story, was last known to be in franco's family's hands, and is now unaccounted for. jauregui wrote that luis carrero blanco the son of admiral carrero blanco stated " as for the stone that kissinger gave carrero blanco, the stone was in possession of the family ( first in the home of his widow, and after that of his eldest son ), until in 2007 they decided to donate it to the naval museum, where it is on display today, along with a spanish flag which traveled aboard the 1972 apollo 17 mission to the moon. " my son told me that the gift was dedicated to'the spanish people ', so it seemed right to donate it, " recalls luis carrero blanco. admiral carrero blanco was assassinated while in office by eta, a basque separatist organization recognized as terrorist by spain, france, the uk and the us, but not ( anymore ) by the european union. as for spain's apollo 11 moon rock the trail is more confused. jauregui relates the following from franco's grandson : " the grandson of franco stressed that neither he nor any other member of his family " had been told " that there might be some legal or ethical problem " regarding the moon rock. " if you are given something and it's yours, why shouldn't you sell it? " he said. " in any case the rock was never sold ", but according to franco, at the moment it is not known where it is. " as my mother is a woman with many things in many houses, in a move or redecorating a room, in the end it must have got lost, " he explains. students assigned to the moon rock project are currently looking for leads to spain's apollo 11 moon rock in switzerland. = = = = sweden = = = = the apollo 11 plaque display was stolen from the swedish museum of natural history in stockholm on september 7, 2002. = = recovered gifted rocks = = = = = united states = = = = = = = alaska = = = = elizabeth riker was assigned the task of locating the alaska apollo 11 moon rock by her professor. on august 18, 2010, in a story she wrote about her investigation in the capital city weekly newspaper, of juneau
in an inscription on one of the amarna boundary stelae which marked the boundaries of the city at its founding. in it, akhenaten describes the main buildings he will construct in his new capital : … i am making a house of the aten for the aten my father in akhetaten in this place. i am making the mansion of the aten for the aten my father in akhetaten in this place. i am making the " sunshade of re " of the [ great ] royal wife … for the aten my father in akhetaten in this place. i am making a house of rejoicing for the aten my father in the island of " aten distinguished in jubilees " in akhetaten in this place. i have made a house of re - [ joicing of the aten ] for the aten my father in the island of " aten distinguished in jubilees " in akhetaten in this place. some of these buildings can be identified easily by their inscriptions, but we know the names of others only through this speech. on the entire western side of the road and probably reaching down to the riverside was the great palace, consisting of several stone courts and halls, and housing at its center a huge courtyard surrounded by statues of akhenaten. across the road and connected by a brick bridge lay the king's house, a small palace and residence of the king. south of the palace ( on the west side of the road ) was the mansion of the sun - disc, a religious building whose purpose is not completely understood but was likely the king's mortuary temple. in the northernmost position on the east side of the road in the central city was the largest temple of all, the house of the sun - disc, or the great temple of the aten, which lay on an east – west axis and consisted of a rectangular walled area measuring 760 by 290 meters, enclosing several individual temples. near the temples were long storehouses and priests'housing. due east of the king's house were offices, the archives ( in which the amarna letters were found ), and police and military barracks. on the eastern outskirts of the central city was a walled workmen's village housing the workers during the city's construction. villas of the king's vizier's and priests sprawled along both sides of the royal road to the south. at the far south of the city was an unusual complex called
lifting bosses or handling bosses are protrusions intentionally left on stones by masons to facilitate maneuvering the blocks with ropes and levers. they are an important feature of ancient and classical construction, and were often not cut away, despite having fulfilled their purpose. sometimes this was the result of a cost - saving measure or a construction halt. other times bosses were left as a stylistic element, and even if dressed back, a remnant of them was kept to make their existence obvious. = = see also = = boss ( architecture ) bossage = = references = = = = further reading = = clarke, somers ; engelbach, r. ( 1990 ). " handling the blocks ". ancient egyptian construction and architecture. pp. 84 – 95. isbn 978 - 0 - 486 - 26485 - 1. coulton, j. j. ( 1974 ). " lifting in early greek architecture " ( pdf ). the journal of hellenic studies. 94 : 1 – 19. doi : 10. 2307 / 630416. jstor 630416. philokyprou, maria ( 2011 ). " the initial appearance of ashlar stone in cyprus. issues of provenance and use " ( pdf ). mediterranean archaeology and archaeometry. 2011 ( 2, pp ) : 44 – 45. archived from the original ( pdf ) on 2018 - 04 - 09. schreiber, th ( 1895 ). anderson, w. c. f. ( ed. ). atlas of classical antiquities. london : macmillan. pp. 18, plate ix. doi : 10. 11588 / diglit. 49928.
##الصالحات اعماله بتاريخ سنة ست و عشرين و ثمان ميه this translates to : " in the name of god, the most compassionate, the most merciful. our lord, accept from us that you are the all - hearing, the all - knowing. draw nearer to god almighty by renewing the marble of this noble and honorable house. the poor servant of god almighty, the honorable sultan king abu al - nasr barsbay, custodian of the two holy mosques. may god reach his hopes and adorn his deeds with good deeds. the year eight hundred and twenty - six ah " the other of the two circassian slabs is dedicated to barsbays son, sultan qaitbay, known for his great architectural achievements throughout the islamic world. dated to 1479 ( ce ), the document attests to a wide reconstruction and restoration process undertaken by sultan sultan qaitbay for al - masjid al - haram. the inscription reads : بسم الله الرحمن الرحيم ربنا تقبل منا انك انت السميع العليم امر بتجيد ترخيم داخل البيت مولانا السلطان الاشرف ابو النصر قايتباي خلد الله ملكه يارب العالمين بتاريخ مستهل رجب الفرد عام اربع و ثمانين و ثمانماية من الهجرة which translates to : " in the name of god, the most compassionate, the most merciful. our lord, accept from us that you are the all - hearing, the all - knowing. he commanded the perfection of melodious chanting inside the house. our lord, the honorable and victorious sultan qaytbay, may god immortalize his kingdom, lord of the worlds, on the first of the month of rajab in the year eight hundred and eighty - four ah. " = = significance in islam = = the kaaba is the holiest site in islam, and is
specialized educationalists guides who help them lift, photograph, and number what they've found before assigning an id card to it, draw its dimensions, and describe it thoroughly, allowing them to appreciate the efforts of archaeologists. the museum has four main halls, including : = = = = 1 - the stone age hall ( 5000 b. c. - 3000 b. c. ) = = = = in this hall, visitors are introduced to life in sharjah during the stone age. they are given an overview of how the residents fluctuated between hunting and fishing, and shepherding and farming. the hall's display cabinets showcase a rare collection of archaeological findings from sharjah, and it includes flint tools and personal exquisite ornaments, made out of ones, stones, and even pearls. moreover, the hall displays the most ancient pearl necklace found in the uae, and it was discovered in jebel buhais, and it is over seven - thousand years old. the hall also exhibits colored pottery shards belonging to the ubaid civilization, which flourished in southern iraq during that period, proving ancient links between sharjah and other civilizations since thousands of years ago. = = = = 2 - the bronze age hall ( 3000 b. c. - 1300 b. c. ) = = = = despite sharjah's weather becoming drier during this period, a new improvement was made when stone was replaced with metal for making tools needed for daily life. copper was abundant in the mountains of the region, enabling residents to mine and manufacture it. tin was added to copper, creating the new mix known as bronze. during this age, creating pottery was popularized and the links between sharjah and other civilizations were deepened, including the tell abraq settlement on the arabian gulf coast. also, findings proved that the residents were communicating with the sindh, mesopotamia, and delmon civilizations as many pottery utensils, seals, and unique ivory combs buried in those sites and imported from different parts from the world. similar to their ancestors in the stone age, the residents of sharjah during the bronze age continued to shepherd and hunt. they also planted their grounds with wheat and barley for the first time, which made them improve and modernize their irrigation methods to keep up with their increasingly dry weather. they also started building mud houses and using palm fronds for the rooftops ; thus, palm trees became an important resource for dates, building - materials, and making ropes and baskets. = = = = 3 - the iron
Answer:
|
Church and Darin should be enjoined, and damages should be recovered but impounded for future distribution.
| null |
In 1960, Omar, the owner in fee simple absolute, conveyed Stoneacre, a five-acre tract of land. The relevant, operative words of the deed conveyed to "Church [a duly organized religious body having power to hold property] for the life of my son, Carl, and from and after the death of my said son, Carl, to all of my grandchildren and their heirs and assigns in equal shares; provided that Church shall use the premises for church purposes only." In an existing building on Stoneacre, Church immediately began to conduct religious services and other activities normally associated with a church. In 1975, Church granted to Darin a right to remove sand and gravel from a one-half-acre portion of Stoneacre upon the payment of a royalty. Darin has regularly removed sand and gravel since 1975 and paid the royalty to Church. Church has continued to conduct religious services and other church activities on Stoneacre All four of the living grandchildren of Omar, joined by a guardian ad litem to represent unborn grandchildren, instituted suit against Church and Darin seeking damages for the removal of sand and gravel and an injunction preventing further acts of removal. There is no applicable statute. Which of the following best describes the likely disposition of this lawsuit?
0. The plaintiffs should succeed, because the interest of Church terminated with the first removal of sand and gravel
1. Church and Darin should be enjoined, and damages should be recovered but impounded for future distribution.
2. The injunction should be granted, but damages should be denied, because Omar and Carl are not parties to the action.
3. Damages should be awarded, but the injunction should be denied.
apollo 17 goodwill moon rock had finally been given back to the people of spain in 2007 by the family of admiral luis carrero ; and jauregui suggested that spain's apollo 11 moon rock, as referenced in the title of the story, was last known to be in franco's family's hands, and is now unaccounted for. jauregui wrote that luis carrero blanco the son of admiral carrero blanco stated " as for the stone that kissinger gave carrero blanco, the stone was in possession of the family ( first in the home of his widow, and after that of his eldest son ), until in 2007 they decided to donate it to the naval museum, where it is on display today, along with a spanish flag which traveled aboard the 1972 apollo 17 mission to the moon. " my son told me that the gift was dedicated to'the spanish people ', so it seemed right to donate it, " recalls luis carrero blanco. admiral carrero blanco was assassinated while in office by eta, a basque separatist organization recognized as terrorist by spain, france, the uk and the us, but not ( anymore ) by the european union. as for spain's apollo 11 moon rock the trail is more confused. jauregui relates the following from franco's grandson : " the grandson of franco stressed that neither he nor any other member of his family " had been told " that there might be some legal or ethical problem " regarding the moon rock. " if you are given something and it's yours, why shouldn't you sell it? " he said. " in any case the rock was never sold ", but according to franco, at the moment it is not known where it is. " as my mother is a woman with many things in many houses, in a move or redecorating a room, in the end it must have got lost, " he explains. students assigned to the moon rock project are currently looking for leads to spain's apollo 11 moon rock in switzerland. = = = = sweden = = = = the apollo 11 plaque display was stolen from the swedish museum of natural history in stockholm on september 7, 2002. = = recovered gifted rocks = = = = = united states = = = = = = = alaska = = = = elizabeth riker was assigned the task of locating the alaska apollo 11 moon rock by her professor. on august 18, 2010, in a story she wrote about her investigation in the capital city weekly newspaper, of juneau
in an inscription on one of the amarna boundary stelae which marked the boundaries of the city at its founding. in it, akhenaten describes the main buildings he will construct in his new capital : … i am making a house of the aten for the aten my father in akhetaten in this place. i am making the mansion of the aten for the aten my father in akhetaten in this place. i am making the " sunshade of re " of the [ great ] royal wife … for the aten my father in akhetaten in this place. i am making a house of rejoicing for the aten my father in the island of " aten distinguished in jubilees " in akhetaten in this place. i have made a house of re - [ joicing of the aten ] for the aten my father in the island of " aten distinguished in jubilees " in akhetaten in this place. some of these buildings can be identified easily by their inscriptions, but we know the names of others only through this speech. on the entire western side of the road and probably reaching down to the riverside was the great palace, consisting of several stone courts and halls, and housing at its center a huge courtyard surrounded by statues of akhenaten. across the road and connected by a brick bridge lay the king's house, a small palace and residence of the king. south of the palace ( on the west side of the road ) was the mansion of the sun - disc, a religious building whose purpose is not completely understood but was likely the king's mortuary temple. in the northernmost position on the east side of the road in the central city was the largest temple of all, the house of the sun - disc, or the great temple of the aten, which lay on an east – west axis and consisted of a rectangular walled area measuring 760 by 290 meters, enclosing several individual temples. near the temples were long storehouses and priests'housing. due east of the king's house were offices, the archives ( in which the amarna letters were found ), and police and military barracks. on the eastern outskirts of the central city was a walled workmen's village housing the workers during the city's construction. villas of the king's vizier's and priests sprawled along both sides of the royal road to the south. at the far south of the city was an unusual complex called
lifting bosses or handling bosses are protrusions intentionally left on stones by masons to facilitate maneuvering the blocks with ropes and levers. they are an important feature of ancient and classical construction, and were often not cut away, despite having fulfilled their purpose. sometimes this was the result of a cost - saving measure or a construction halt. other times bosses were left as a stylistic element, and even if dressed back, a remnant of them was kept to make their existence obvious. = = see also = = boss ( architecture ) bossage = = references = = = = further reading = = clarke, somers ; engelbach, r. ( 1990 ). " handling the blocks ". ancient egyptian construction and architecture. pp. 84 – 95. isbn 978 - 0 - 486 - 26485 - 1. coulton, j. j. ( 1974 ). " lifting in early greek architecture " ( pdf ). the journal of hellenic studies. 94 : 1 – 19. doi : 10. 2307 / 630416. jstor 630416. philokyprou, maria ( 2011 ). " the initial appearance of ashlar stone in cyprus. issues of provenance and use " ( pdf ). mediterranean archaeology and archaeometry. 2011 ( 2, pp ) : 44 – 45. archived from the original ( pdf ) on 2018 - 04 - 09. schreiber, th ( 1895 ). anderson, w. c. f. ( ed. ). atlas of classical antiquities. london : macmillan. pp. 18, plate ix. doi : 10. 11588 / diglit. 49928.
##الصالحات اعماله بتاريخ سنة ست و عشرين و ثمان ميه this translates to : " in the name of god, the most compassionate, the most merciful. our lord, accept from us that you are the all - hearing, the all - knowing. draw nearer to god almighty by renewing the marble of this noble and honorable house. the poor servant of god almighty, the honorable sultan king abu al - nasr barsbay, custodian of the two holy mosques. may god reach his hopes and adorn his deeds with good deeds. the year eight hundred and twenty - six ah " the other of the two circassian slabs is dedicated to barsbays son, sultan qaitbay, known for his great architectural achievements throughout the islamic world. dated to 1479 ( ce ), the document attests to a wide reconstruction and restoration process undertaken by sultan sultan qaitbay for al - masjid al - haram. the inscription reads : بسم الله الرحمن الرحيم ربنا تقبل منا انك انت السميع العليم امر بتجيد ترخيم داخل البيت مولانا السلطان الاشرف ابو النصر قايتباي خلد الله ملكه يارب العالمين بتاريخ مستهل رجب الفرد عام اربع و ثمانين و ثمانماية من الهجرة which translates to : " in the name of god, the most compassionate, the most merciful. our lord, accept from us that you are the all - hearing, the all - knowing. he commanded the perfection of melodious chanting inside the house. our lord, the honorable and victorious sultan qaytbay, may god immortalize his kingdom, lord of the worlds, on the first of the month of rajab in the year eight hundred and eighty - four ah. " = = significance in islam = = the kaaba is the holiest site in islam, and is
specialized educationalists guides who help them lift, photograph, and number what they've found before assigning an id card to it, draw its dimensions, and describe it thoroughly, allowing them to appreciate the efforts of archaeologists. the museum has four main halls, including : = = = = 1 - the stone age hall ( 5000 b. c. - 3000 b. c. ) = = = = in this hall, visitors are introduced to life in sharjah during the stone age. they are given an overview of how the residents fluctuated between hunting and fishing, and shepherding and farming. the hall's display cabinets showcase a rare collection of archaeological findings from sharjah, and it includes flint tools and personal exquisite ornaments, made out of ones, stones, and even pearls. moreover, the hall displays the most ancient pearl necklace found in the uae, and it was discovered in jebel buhais, and it is over seven - thousand years old. the hall also exhibits colored pottery shards belonging to the ubaid civilization, which flourished in southern iraq during that period, proving ancient links between sharjah and other civilizations since thousands of years ago. = = = = 2 - the bronze age hall ( 3000 b. c. - 1300 b. c. ) = = = = despite sharjah's weather becoming drier during this period, a new improvement was made when stone was replaced with metal for making tools needed for daily life. copper was abundant in the mountains of the region, enabling residents to mine and manufacture it. tin was added to copper, creating the new mix known as bronze. during this age, creating pottery was popularized and the links between sharjah and other civilizations were deepened, including the tell abraq settlement on the arabian gulf coast. also, findings proved that the residents were communicating with the sindh, mesopotamia, and delmon civilizations as many pottery utensils, seals, and unique ivory combs buried in those sites and imported from different parts from the world. similar to their ancestors in the stone age, the residents of sharjah during the bronze age continued to shepherd and hunt. they also planted their grounds with wheat and barley for the first time, which made them improve and modernize their irrigation methods to keep up with their increasingly dry weather. they also started building mud houses and using palm fronds for the rooftops ; thus, palm trees became an important resource for dates, building - materials, and making ropes and baskets. = = = = 3 - the iron
Answer:
|
The plaintiffs should succeed, because the interest of Church terminated with the first removal of sand and gravel
| 0.3 |
In which of the following cases is a conviction of the named defendant for robbery LEAST likely to be upheld?
0. Johnson forced his way into a woman's home, bound her, and compelled her to tell him that her jewelry was in an adjoining room. Johnson went to the room, took the jewelry, and fled.
1. A confederate of Brown pushed a man in order to cause him to lose his balance and drop his briefcase. Brown picked up the briefcase and ran off with it.
2. Having induced a woman to enter his hotel room, Ritter forced her to telephone her maid to tell the maid to bring certain jewelry to the hotel. Ritter locked the woman in the bathroom while he accepted the jewelry from the maid when she arrived.
3. Hayes unbuttoned the vest of a man too drunk to notice and removed his wallet. A minute later, the victim missed his wallet and accused Hayes of taking it. Hayes pretended to be insulted, slapped the victim, and went off with the wallet.
the distortion of criminal justice policy ". current issues in criminal justice, vol. 6, 27 - 42 michalowski, r. j. ( 1985 ). order, law and crime : an introduction to criminology. new york : random house. jackson, j. & naureckas, j. ( 1994 ). " crime contradictions : us news illustrates flaws in crime coverage ". extra! may / june, pp. 10 – 14. leiper, s. ( 1994 ). " crime and propaganda ". propaganda review, vol. 11, pp. 44 – 6. walklate, sandra. ( 1989 ). victimology : the victim and the criminal justice process. london : routledge. isbn 0 - 04 - 445160 - 1 walklate, sandra. ( 2003 ). understanding criminology : current theoretical debates ( crime & justice s. ). oxford : oxford university press. isbn 0 - 335 - 20951 - 3
, 000 of sexual violence and rape cases are reported to law enforcement, with only 1 in 5 victims disclosing their assault to law enforcement directly. common reasons victims cite for not reporting include considering the incident a personal matter, fear of reprisal, or a belief that the police may be biased or ineffective. in cases of attempted rape, victims may also choose not to report in order to protect the offender. the relationship between the victim and the offender can also significantly impacts reporting. crimes committed by current or former intimate partners are especially likely to go unreported, as are incidents involving friends or acquaintances. = = see also = = fear of crime there are unknown unknowns = = references = = = = further reading = = moore, s. ( 1996 ). investigating crime and deviance. harpers collins. isbn 0 - 00 - 322439 - 2, pages 211 – 220. coleman, c., & moynihan, j. ( 1996 ). understanding crime data : haunted by the dark figure. open university press. isbn 0 - 335 - 19519 - 9.
a signature crime is a crime which exhibits characteristics idiosyncratic to specific criminals, known as signature aspects, signature behaviours or signature characteristics. where a modus operandi ( mo ) concerns the practical components of a crime which can also be unique to one suspect, signature aspects fulfill a psychological need and, unlike the mo, do not often change. two examples cited in crime classification manual by john douglas are a bank robber from michigan who required tellers to undress during the robbery so he could photograph them, and a rape case where the perpetrator forced the husband to return home and be humiliated by the event. these characteristics move beyond modus operandi, because they fulfill a psychological need rather than a need of practical execution of the crime. the 1898 gatton murders also exhibited signature aspects. following the murders, the bodies were re - arranged so their legs crossed over their bodies with the feet pointing west. ted bundy also used a complex series of signature behaviours. = = notes = = = = references = = douglas, j. e., burgess, a. w., burgess, a. g., & ressler, r. k. ( 1992 ). crime classification manual : a standard system for investigating and classifying violent crimes. san francisco, ca : jossey - bass. keppel, r. d., & birnes, w. j. ( 1997 ). signature killers : interpreting the calling cards of the serial murderer. new york, ny : pocket books.
, 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
, after which the police investigated his role in packman's disappearance. causley was eventually convicted of the murder in 1996 that conviction was quashed on appeal in 2003, but after a retrial in 2004, he was again convicted of the murder.. in 1988, helen mccourt, a 22 - year - old insurance clerk from lancashire disappeared. ian simms, a local pub landlord, was subsequently charged with and convicted of her murder. this case was also one of the first in the uk to use dna fingerprinting. in july 1989, kansas serial killer richard grissom was arrested after being connected to the disappearances of three young women the month prior. blood and hair samples found in grissom's car and garage led to prosecutors indicting him with three counts of murder. he was found guilty in 1990 and sentenced to life imprisonment. american courts have also been allowed to press murder charges even if a body has not been recovered. in 1990, a connecticut jury convicted newtown airline pilot richard crafts of killing his danish wife, helle, in the 1986 " woodchipper murder ", so called for the machine he had rented to dispose of her body in nearby lakes and streams. he was sentenced to 50 years in prison. the state police's forensic unit, led by henry lee, was able to match the dna of some of the fragments that were discovered to helle crafts and the wood chipper her husband had used. it was the first bodyless murder trial in the state's history. = = = 1990s = = = in april 1994, heidi allen, 18, of new haven, new york, was abducted from the convenience store where she worked. her body has never been found. brothers gary and richard thibodeau were charged with kidnapping and murder. they were tried separately. gary was found guilty and sentenced to 25 years to life, while richard was acquitted. in 1996, thomas capano was convicted of the murder of anne marie fahey, his former lover. investigators did not have a murder weapon or body, nor any evidence that capano had purchased a gun. he was convicted of first - degree murder in part due to the evidence given by his brother, gerry, who had admitted to helping capano dump fahey's body in the atlantic ocean. sante kimes and her son kenneth were convicted of the murder of irene silverman, whose body was never found. they were also both suspects in another murder in the bahamas where the body was never located
Answer:
|
Hayes unbuttoned the vest of a man too drunk to notice and removed his wallet. A minute later, the victim missed his wallet and accused Hayes of taking it. Hayes pretended to be insulted, slapped the victim, and went off with the wallet.
| null |
In which of the following cases is a conviction of the named defendant for robbery LEAST likely to be upheld?
0. Johnson forced his way into a woman's home, bound her, and compelled her to tell him that her jewelry was in an adjoining room. Johnson went to the room, took the jewelry, and fled.
1. A confederate of Brown pushed a man in order to cause him to lose his balance and drop his briefcase. Brown picked up the briefcase and ran off with it.
2. Having induced a woman to enter his hotel room, Ritter forced her to telephone her maid to tell the maid to bring certain jewelry to the hotel. Ritter locked the woman in the bathroom while he accepted the jewelry from the maid when she arrived.
3. Hayes unbuttoned the vest of a man too drunk to notice and removed his wallet. A minute later, the victim missed his wallet and accused Hayes of taking it. Hayes pretended to be insulted, slapped the victim, and went off with the wallet.
the distortion of criminal justice policy ". current issues in criminal justice, vol. 6, 27 - 42 michalowski, r. j. ( 1985 ). order, law and crime : an introduction to criminology. new york : random house. jackson, j. & naureckas, j. ( 1994 ). " crime contradictions : us news illustrates flaws in crime coverage ". extra! may / june, pp. 10 – 14. leiper, s. ( 1994 ). " crime and propaganda ". propaganda review, vol. 11, pp. 44 – 6. walklate, sandra. ( 1989 ). victimology : the victim and the criminal justice process. london : routledge. isbn 0 - 04 - 445160 - 1 walklate, sandra. ( 2003 ). understanding criminology : current theoretical debates ( crime & justice s. ). oxford : oxford university press. isbn 0 - 335 - 20951 - 3
, 000 of sexual violence and rape cases are reported to law enforcement, with only 1 in 5 victims disclosing their assault to law enforcement directly. common reasons victims cite for not reporting include considering the incident a personal matter, fear of reprisal, or a belief that the police may be biased or ineffective. in cases of attempted rape, victims may also choose not to report in order to protect the offender. the relationship between the victim and the offender can also significantly impacts reporting. crimes committed by current or former intimate partners are especially likely to go unreported, as are incidents involving friends or acquaintances. = = see also = = fear of crime there are unknown unknowns = = references = = = = further reading = = moore, s. ( 1996 ). investigating crime and deviance. harpers collins. isbn 0 - 00 - 322439 - 2, pages 211 – 220. coleman, c., & moynihan, j. ( 1996 ). understanding crime data : haunted by the dark figure. open university press. isbn 0 - 335 - 19519 - 9.
a signature crime is a crime which exhibits characteristics idiosyncratic to specific criminals, known as signature aspects, signature behaviours or signature characteristics. where a modus operandi ( mo ) concerns the practical components of a crime which can also be unique to one suspect, signature aspects fulfill a psychological need and, unlike the mo, do not often change. two examples cited in crime classification manual by john douglas are a bank robber from michigan who required tellers to undress during the robbery so he could photograph them, and a rape case where the perpetrator forced the husband to return home and be humiliated by the event. these characteristics move beyond modus operandi, because they fulfill a psychological need rather than a need of practical execution of the crime. the 1898 gatton murders also exhibited signature aspects. following the murders, the bodies were re - arranged so their legs crossed over their bodies with the feet pointing west. ted bundy also used a complex series of signature behaviours. = = notes = = = = references = = douglas, j. e., burgess, a. w., burgess, a. g., & ressler, r. k. ( 1992 ). crime classification manual : a standard system for investigating and classifying violent crimes. san francisco, ca : jossey - bass. keppel, r. d., & birnes, w. j. ( 1997 ). signature killers : interpreting the calling cards of the serial murderer. new york, ny : pocket books.
, 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
, after which the police investigated his role in packman's disappearance. causley was eventually convicted of the murder in 1996 that conviction was quashed on appeal in 2003, but after a retrial in 2004, he was again convicted of the murder.. in 1988, helen mccourt, a 22 - year - old insurance clerk from lancashire disappeared. ian simms, a local pub landlord, was subsequently charged with and convicted of her murder. this case was also one of the first in the uk to use dna fingerprinting. in july 1989, kansas serial killer richard grissom was arrested after being connected to the disappearances of three young women the month prior. blood and hair samples found in grissom's car and garage led to prosecutors indicting him with three counts of murder. he was found guilty in 1990 and sentenced to life imprisonment. american courts have also been allowed to press murder charges even if a body has not been recovered. in 1990, a connecticut jury convicted newtown airline pilot richard crafts of killing his danish wife, helle, in the 1986 " woodchipper murder ", so called for the machine he had rented to dispose of her body in nearby lakes and streams. he was sentenced to 50 years in prison. the state police's forensic unit, led by henry lee, was able to match the dna of some of the fragments that were discovered to helle crafts and the wood chipper her husband had used. it was the first bodyless murder trial in the state's history. = = = 1990s = = = in april 1994, heidi allen, 18, of new haven, new york, was abducted from the convenience store where she worked. her body has never been found. brothers gary and richard thibodeau were charged with kidnapping and murder. they were tried separately. gary was found guilty and sentenced to 25 years to life, while richard was acquitted. in 1996, thomas capano was convicted of the murder of anne marie fahey, his former lover. investigators did not have a murder weapon or body, nor any evidence that capano had purchased a gun. he was convicted of first - degree murder in part due to the evidence given by his brother, gerry, who had admitted to helping capano dump fahey's body in the atlantic ocean. sante kimes and her son kenneth were convicted of the murder of irene silverman, whose body was never found. they were also both suspects in another murder in the bahamas where the body was never located
Answer:
|
A confederate of Brown pushed a man in order to cause him to lose his balance and drop his briefcase. Brown picked up the briefcase and ran off with it.
| 0.3 |
Green is cited for contempt of the House of Representatives after she refuses to answer certain questions posed by a House Committee concerning her acts while serving as a United States Ambassador. A federal statute authorizes the Attorney General to prosecute contempts of Congress. Pursuant to this law, the House directs the Attorney General to begin criminal proceedings against Green. A federal grand jury indicts Green, but the Attorney General refuses to sign the indictment."Which of the following best describes the constitutionality of the Attorney General's action?
0. Illegal, because the Attorney General must prosecute if the House of Representatives directs.
1. Illegal, because the Attorney General must prosecute those who violate federal law.
2. Legal, because ambassadors are immune from prosecution for acts committed in the course of their duties.
3. Legal, because the decision to prosecute is an exclusively executive act
standard, " which under the terms of the statute, did not carry criminal liability. the government appealed and the sixth circuit court of appeals reversed the decision of the trial court, stating that it erred in determining that it had jurisdiction to review the validity of the standard in a criminal proceeding. adamo's attorneys appealed to the supreme court. on january 10, 1978, the supreme court ruled in favor of adamo when it held that the trial court did have jurisdiction to review the standard in a criminal proceeding and also agreed with the trial court that the requirements in the act were " not standards " but " procedures " and therefore the proceedings were properly dismissed. = = = = w. r. grace and company = = = = a federal grand jury indicted w. r. grace and company and seven top executives on february 5, 2005, for its operations of a vermiculite mine in libby, montana. the indictment accused grace of wire fraud, knowing endangerment of residents by concealing air monitoring results, obstruction of justice by interfering with an environmental protection agency ( epa ) investigation, violation of the clean air act, providing asbestos materials to schools and local residents, and conspiracy to release asbestos and cover up health problems from asbestos contamination. the department of justice said 1, 200 residents had developed asbestos - related diseases and some had died, and there could be many more injuries and deaths. on june 8, 2006, a federal judge dismissed the conspiracy charge of " knowing endangerment " because some of the defendant officials had left the company before the five - year statute of limitations had begun to run. the wire fraud charge was dropped by prosecutors in march. = = = = other prosecutions = = = = on april 2, 1998, three men were indicted in a conspiracy to use homeless men for illegal asbestos removal from an aging wisconsin manufacturing plant. then - us attorney general janet reno said, " knowingly removing asbestos improperly is criminal. exploiting the homeless to do this work is cruel. " on december 12, 2004, owners of new york asbestos abatement companies were sentenced to the longest federal jail sentences for environmental crimes in u. s. history, after they were convicted on 18 counts of conspiracy to violate the clean air act and the toxic substances control act, and actual violations of the clean air act and racketeer - influenced and corrupt organizations act. the crimes involved a 10 - year scheme to illegally remove asbestos. the rico counts included obstruction of justice, money laundering, mail fraud and bid rigging, all related to
party personally carried out the criminal offense, but where another person may have carried out the illegal act ( s ) as an agent of the charged, working together with or under the direction of the charged, who is an accessory to the crime. it is comparable to laws in some other countries governing the actions of accessories, including the similar provision in england and wales under the accessories and abettors act 1861. it is derived from the united states code ( u. s. c. ), section two of title 18 : ( a ) whoever commits an offense against the united states or aids, abets, counsels, commands, induces or procures its commission, is punishable as a principal. ( b ) whoever willfully causes an act to be done which if directly performed by him or another would be an offense against the united states, is punishable as a principal. the scope of this federal statute for aiders and abettors " is incredibly broad — it can be implied in every charge for a federal substantive offense ". the term " principal " refers to any actor who is primarily responsible for a criminal offense. for a successful prosecution, the provision of " aiding and abetting " must be considered alongside the crime itself, although a defendant can be found guilty of aiding and abetting an offense even if the principal is found not guilty of the crime itself. in all cases of aiding and abetting, it must be shown a crime has been committed, but not necessarily who committed it. it is necessary to show that the defendant has willfully associated himself with the crime being committed, that he does, through his own act or omission, as he would do if he wished for a criminal venture to succeed. under this statute, anyone who aids or abets a crime may be charged directly with the crime, as if the charged had carried out the act himself. this is distinct from the concept of being an accessory after the fact, a charge distinct from being a principal. = = = history = = = the first united states statute dealing with accessory liability was passed in 1790, and made criminally liable those who should aid and assist, procure, command, counsel or advise murder or robbery on land or sea, or piracy at sea. this was broadened in 1870 to include any felony, and by it an accessory was anyone who counsels, advises or procures the crime. these early statutes were repealed in 1909, and supplanted by 18 u. s. c. § 550, a statute
to include any felony, and by it an accessory was anyone who counsels, advises or procures the crime. these early statutes were repealed in 1909, and supplanted by 18 u. s. c. § 550, a statute which included the modern language of : " whoever aids, abets, counsels, commands, induces, or procures the commission of an offense is a principal. " in 1948, § 550 became 18 u. s. c. § 2 ( a ). section 2 ( b ) was also added to make clear the legislative intent to punish as a principal not only one who directly commits an offense and one who " aids, abets, counsels, commands, induces or procures " another to commit an offense, but also anyone who causes the doing of an act which if done by him directly would render him guilty of an offense against the united states. it removes all doubt that one who puts in motion or assists in the illegal enterprise or causes the commission of an indispensable element of the offense by an innocent agent or instrumentality is guilty as a principal even though he intentionally refrained from the direct act constituting the completed offense. subsection ( a ) of section 2 was amended to its current form in 1951 to read, " whoever commits an offense against the united states or aids, abets, counsels, commands, induces or procures its commission, is punishable as a principal. " subsection ( b ) was also amended in 1951 to add " wilfully " and " is punishable as a principal ". = = = application to " white collar crimes " = = = since 2001, the securities and exchange commission has filed a number of complaints related to the aiding and abetting of securities fraud. for example, cibc and merrill lynch were separately charged with aiding and abetting enron ’ s evasion of record keeping requirements and required financial controls. settlements, including disgorgement, penalties, and interest reached $ 80 million in both cases. = = = civil = = = aiding and abetting is also a legal theory of civil accessory liability. to prove accessory liability through " aiding and abetting ", the plaintiffs must prove three elements : that defendant b breached a duty to plaintiff, the result of which injured plaintiff ; that defendant a knowingly and substantially assisted defendant b in breaching the duty ; and that defendant a was aware of its role in promoting the breach of duty at the time it provided assistance. = =
of the clean air act and racketeer - influenced and corrupt organizations act. the crimes involved a 10 - year scheme to illegally remove asbestos. the rico counts included obstruction of justice, money laundering, mail fraud and bid rigging, all related to the asbestos cleanup. on january 11, 2006, san diego gas & electric co., two of its employees, and a contractor were indicted by a federal grand jury on charges that they violated safety standards while removing asbestos from pipes in lemon grove, california. the defendants were charged with five counts of conspiracy, violating asbestos work practice standards and making false statements. = = references = =
examining board v. flores de otero, 426 u. s. 572 ( 1976 ), was a case decided by the supreme court of the united states that invalidated a state law that excluded aliens from the practice of civil engineering. the court invalidated the law on the basis of equal protection using a strict scrutiny standard of review. = = prior history = = a puerto rico law permits only united states citizens to practice privately as civil engineers. appellees are alien civil engineers residing in puerto rico, one of whom ( flores de otero ) was denied a license under this law, and the other of whom ( perez nogueiro ) was granted only a conditional license to work for the commonwealth. each appellee brought suit for declaratory and injunctive relief against appellant examining board and its members in the united states district court for the district of puerto rico, claiming jurisdiction under 28 u. s. c. § 1343 ( 3 ) and alleging that the statute's citizenship requirement violated 42 u. s. c. § 1983. = = see also = = list of united states supreme court cases, volume 426 = = references = = = = external links = = text of examining board v. flores de otero, 426 u. s. 572 ( 1976 ) is available from : findlaw justia oyez ( oral argument audio )
Answer:
|
Legal, because the decision to prosecute is an exclusively executive act
| null |
Green is cited for contempt of the House of Representatives after she refuses to answer certain questions posed by a House Committee concerning her acts while serving as a United States Ambassador. A federal statute authorizes the Attorney General to prosecute contempts of Congress. Pursuant to this law, the House directs the Attorney General to begin criminal proceedings against Green. A federal grand jury indicts Green, but the Attorney General refuses to sign the indictment."Which of the following best describes the constitutionality of the Attorney General's action?
0. Illegal, because the Attorney General must prosecute if the House of Representatives directs.
1. Illegal, because the Attorney General must prosecute those who violate federal law.
2. Legal, because ambassadors are immune from prosecution for acts committed in the course of their duties.
3. Legal, because the decision to prosecute is an exclusively executive act
standard, " which under the terms of the statute, did not carry criminal liability. the government appealed and the sixth circuit court of appeals reversed the decision of the trial court, stating that it erred in determining that it had jurisdiction to review the validity of the standard in a criminal proceeding. adamo's attorneys appealed to the supreme court. on january 10, 1978, the supreme court ruled in favor of adamo when it held that the trial court did have jurisdiction to review the standard in a criminal proceeding and also agreed with the trial court that the requirements in the act were " not standards " but " procedures " and therefore the proceedings were properly dismissed. = = = = w. r. grace and company = = = = a federal grand jury indicted w. r. grace and company and seven top executives on february 5, 2005, for its operations of a vermiculite mine in libby, montana. the indictment accused grace of wire fraud, knowing endangerment of residents by concealing air monitoring results, obstruction of justice by interfering with an environmental protection agency ( epa ) investigation, violation of the clean air act, providing asbestos materials to schools and local residents, and conspiracy to release asbestos and cover up health problems from asbestos contamination. the department of justice said 1, 200 residents had developed asbestos - related diseases and some had died, and there could be many more injuries and deaths. on june 8, 2006, a federal judge dismissed the conspiracy charge of " knowing endangerment " because some of the defendant officials had left the company before the five - year statute of limitations had begun to run. the wire fraud charge was dropped by prosecutors in march. = = = = other prosecutions = = = = on april 2, 1998, three men were indicted in a conspiracy to use homeless men for illegal asbestos removal from an aging wisconsin manufacturing plant. then - us attorney general janet reno said, " knowingly removing asbestos improperly is criminal. exploiting the homeless to do this work is cruel. " on december 12, 2004, owners of new york asbestos abatement companies were sentenced to the longest federal jail sentences for environmental crimes in u. s. history, after they were convicted on 18 counts of conspiracy to violate the clean air act and the toxic substances control act, and actual violations of the clean air act and racketeer - influenced and corrupt organizations act. the crimes involved a 10 - year scheme to illegally remove asbestos. the rico counts included obstruction of justice, money laundering, mail fraud and bid rigging, all related to
party personally carried out the criminal offense, but where another person may have carried out the illegal act ( s ) as an agent of the charged, working together with or under the direction of the charged, who is an accessory to the crime. it is comparable to laws in some other countries governing the actions of accessories, including the similar provision in england and wales under the accessories and abettors act 1861. it is derived from the united states code ( u. s. c. ), section two of title 18 : ( a ) whoever commits an offense against the united states or aids, abets, counsels, commands, induces or procures its commission, is punishable as a principal. ( b ) whoever willfully causes an act to be done which if directly performed by him or another would be an offense against the united states, is punishable as a principal. the scope of this federal statute for aiders and abettors " is incredibly broad — it can be implied in every charge for a federal substantive offense ". the term " principal " refers to any actor who is primarily responsible for a criminal offense. for a successful prosecution, the provision of " aiding and abetting " must be considered alongside the crime itself, although a defendant can be found guilty of aiding and abetting an offense even if the principal is found not guilty of the crime itself. in all cases of aiding and abetting, it must be shown a crime has been committed, but not necessarily who committed it. it is necessary to show that the defendant has willfully associated himself with the crime being committed, that he does, through his own act or omission, as he would do if he wished for a criminal venture to succeed. under this statute, anyone who aids or abets a crime may be charged directly with the crime, as if the charged had carried out the act himself. this is distinct from the concept of being an accessory after the fact, a charge distinct from being a principal. = = = history = = = the first united states statute dealing with accessory liability was passed in 1790, and made criminally liable those who should aid and assist, procure, command, counsel or advise murder or robbery on land or sea, or piracy at sea. this was broadened in 1870 to include any felony, and by it an accessory was anyone who counsels, advises or procures the crime. these early statutes were repealed in 1909, and supplanted by 18 u. s. c. § 550, a statute
to include any felony, and by it an accessory was anyone who counsels, advises or procures the crime. these early statutes were repealed in 1909, and supplanted by 18 u. s. c. § 550, a statute which included the modern language of : " whoever aids, abets, counsels, commands, induces, or procures the commission of an offense is a principal. " in 1948, § 550 became 18 u. s. c. § 2 ( a ). section 2 ( b ) was also added to make clear the legislative intent to punish as a principal not only one who directly commits an offense and one who " aids, abets, counsels, commands, induces or procures " another to commit an offense, but also anyone who causes the doing of an act which if done by him directly would render him guilty of an offense against the united states. it removes all doubt that one who puts in motion or assists in the illegal enterprise or causes the commission of an indispensable element of the offense by an innocent agent or instrumentality is guilty as a principal even though he intentionally refrained from the direct act constituting the completed offense. subsection ( a ) of section 2 was amended to its current form in 1951 to read, " whoever commits an offense against the united states or aids, abets, counsels, commands, induces or procures its commission, is punishable as a principal. " subsection ( b ) was also amended in 1951 to add " wilfully " and " is punishable as a principal ". = = = application to " white collar crimes " = = = since 2001, the securities and exchange commission has filed a number of complaints related to the aiding and abetting of securities fraud. for example, cibc and merrill lynch were separately charged with aiding and abetting enron ’ s evasion of record keeping requirements and required financial controls. settlements, including disgorgement, penalties, and interest reached $ 80 million in both cases. = = = civil = = = aiding and abetting is also a legal theory of civil accessory liability. to prove accessory liability through " aiding and abetting ", the plaintiffs must prove three elements : that defendant b breached a duty to plaintiff, the result of which injured plaintiff ; that defendant a knowingly and substantially assisted defendant b in breaching the duty ; and that defendant a was aware of its role in promoting the breach of duty at the time it provided assistance. = =
of the clean air act and racketeer - influenced and corrupt organizations act. the crimes involved a 10 - year scheme to illegally remove asbestos. the rico counts included obstruction of justice, money laundering, mail fraud and bid rigging, all related to the asbestos cleanup. on january 11, 2006, san diego gas & electric co., two of its employees, and a contractor were indicted by a federal grand jury on charges that they violated safety standards while removing asbestos from pipes in lemon grove, california. the defendants were charged with five counts of conspiracy, violating asbestos work practice standards and making false statements. = = references = =
examining board v. flores de otero, 426 u. s. 572 ( 1976 ), was a case decided by the supreme court of the united states that invalidated a state law that excluded aliens from the practice of civil engineering. the court invalidated the law on the basis of equal protection using a strict scrutiny standard of review. = = prior history = = a puerto rico law permits only united states citizens to practice privately as civil engineers. appellees are alien civil engineers residing in puerto rico, one of whom ( flores de otero ) was denied a license under this law, and the other of whom ( perez nogueiro ) was granted only a conditional license to work for the commonwealth. each appellee brought suit for declaratory and injunctive relief against appellant examining board and its members in the united states district court for the district of puerto rico, claiming jurisdiction under 28 u. s. c. § 1343 ( 3 ) and alleging that the statute's citizenship requirement violated 42 u. s. c. § 1983. = = see also = = list of united states supreme court cases, volume 426 = = references = = = = external links = = text of examining board v. flores de otero, 426 u. s. 572 ( 1976 ) is available from : findlaw justia oyez ( oral argument audio )
Answer:
|
Illegal, because the Attorney General must prosecute if the House of Representatives directs.
| 0.3 |
Green is cited for contempt of the House of Representatives after she refuses to answer certain questions posed by a House Committee concerning her acts while serving as a United States Ambassador. A federal statute authorizes the Attorney General to prosecute contempts of Congress. Pursuant to this law, the House directs the Attorney General to begin criminal proceedings against Green. A federal grand jury indicts Green, but the Attorney General refuses to sign the indictment."If the Attorney General signs the indictment, the strongest argument Green could urge as a defense is that
0. Green may refuse to answer the questions if she can demonstrate that they are unrelated to matters upon which Congress may legislate.
1. the House may question Green on matters pertaining to the expenditures of funds appropriated by Congress.
2. only the Senate may question Green on matters that relate to the performance of her duties.
3. Congress may not ask questions relating to the performance of duties executed by an officer of the executive branch
standard, " which under the terms of the statute, did not carry criminal liability. the government appealed and the sixth circuit court of appeals reversed the decision of the trial court, stating that it erred in determining that it had jurisdiction to review the validity of the standard in a criminal proceeding. adamo's attorneys appealed to the supreme court. on january 10, 1978, the supreme court ruled in favor of adamo when it held that the trial court did have jurisdiction to review the standard in a criminal proceeding and also agreed with the trial court that the requirements in the act were " not standards " but " procedures " and therefore the proceedings were properly dismissed. = = = = w. r. grace and company = = = = a federal grand jury indicted w. r. grace and company and seven top executives on february 5, 2005, for its operations of a vermiculite mine in libby, montana. the indictment accused grace of wire fraud, knowing endangerment of residents by concealing air monitoring results, obstruction of justice by interfering with an environmental protection agency ( epa ) investigation, violation of the clean air act, providing asbestos materials to schools and local residents, and conspiracy to release asbestos and cover up health problems from asbestos contamination. the department of justice said 1, 200 residents had developed asbestos - related diseases and some had died, and there could be many more injuries and deaths. on june 8, 2006, a federal judge dismissed the conspiracy charge of " knowing endangerment " because some of the defendant officials had left the company before the five - year statute of limitations had begun to run. the wire fraud charge was dropped by prosecutors in march. = = = = other prosecutions = = = = on april 2, 1998, three men were indicted in a conspiracy to use homeless men for illegal asbestos removal from an aging wisconsin manufacturing plant. then - us attorney general janet reno said, " knowingly removing asbestos improperly is criminal. exploiting the homeless to do this work is cruel. " on december 12, 2004, owners of new york asbestos abatement companies were sentenced to the longest federal jail sentences for environmental crimes in u. s. history, after they were convicted on 18 counts of conspiracy to violate the clean air act and the toxic substances control act, and actual violations of the clean air act and racketeer - influenced and corrupt organizations act. the crimes involved a 10 - year scheme to illegally remove asbestos. the rico counts included obstruction of justice, money laundering, mail fraud and bid rigging, all related to
. as a tactic for indecision as a means of public relations by sending sensitive, inconvenient, or irrelevant matters to committees, organizations may bypass, stall, or disacknowledge matters without declaring a formal policy of inaction or indifference. however, this could be considered a dilatory tactic. = = = power and authority = = = generally, committees are required to report to their parent body. they do not usually have the power to act independently unless the body that created it gives it such power. = = formal procedures = = when a committee is formed in a formal situation, such as committees in legislatures or for corporate bodies with by - laws, a chairman ( or " chair " or " chairperson " ) is designated for the committee. sometimes a vice - chairman ( or similar name ) is also appointed. it is common for the committee chairman to organize its meetings. sometimes these meetings are held through videoconferencing or other means if committee members are not able to attend in person, as may be the case if they are in different parts of the country or the world. the chairman is responsible for running meetings. duties include keeping the discussion on the appropriate subject, recognizing members to speak, and confirming what the committee has decided ( through voting or by unanimous consent ). using robert's rules of order newly revised ( ronr ), committees may follow informal procedures ( such as not requiring motions if it is clear what is being discussed ). the level of formality depends on the size and type of committee, in which sometimes larger committees considering crucial issues may require more formal processes. minutes are a record of the decisions at meetings. they can be taken by a person designated as the secretary. for most organizations, committees are not required to keep formal minutes. however, some bodies require that committees take minutes, especially if the committees are public ones subject to open meeting laws. committees may meet on a regular basis, such as weekly or more often, or meetings may be called irregularly as the need arises. the frequency of the meetings depends on the work of the committee and the needs of the parent body. when the committee completes its work, it provides the results in a report to its parent body. the report may include the methods used, the facts uncovered, the conclusions reached, and any recommendations. if the committee is not ready to report, it may provide a partial report or the assembly may discharge the committee of the matter so that the assembly can handle it. also, if members of the committee are not performing
for an investigation, a review body is assembled for fact - finding. this fact - finding body, called an ad hoc committee, is appointed by the medical chief of staff and is composed of other physician staff members chosen at the chief of staff's discretion. this ad hoc committee then conducts an investigation in the manner it feels is appropriate. this may include a review of the literature or an outside expert. thus, there is no standard for impartiality and specifically no standard for due process in the " peer - review'process '. " physicians that are indicted ( and sanctioned ) have the right to request a hearing. at the hearing, counsel is allowed. a second independent panel of physicians is chosen as the petit jury, and a hearing officer is chosen. the accused physician has the option to demonstrate conflicts of interest and attempt to disqualify jurors based on reasonable suspicions of bias or conflicts of interest in a voir dire process. although some medical staff bodies utilize the hospital attorney and accept hospital funds to try peer review cases, the california medical association discourages this practice. california has enacted legislation formally requiring the separation of the hospital and medical staff. = = alleged cases = = some physicians allege that sham peer review is often conducted in retaliation for whistleblowing, although one study in 2007 suggested that such events were rare. = = = khajavi v. feather river anesthesiology medical group = = = those who disagree with the ama point to the case of nosrat khajavi. in 1996, khajavi, an anesthesiologist in yuba city, california, disagreed with a surgeon over the appropriateness of cataract surgery for a patient and refused to attend during the procedure. khajavi was subsequently terminated from his anesthesia group. he sued for wrongful termination under california business & professions'code section 2053, and the suit was allowed by the california court of appeals. in 2000, the court held that khajavi was not protected from termination on the basis of advocating for what he felt was medically appropriate care. the court did not rule on the merits of the dispute. = = = mileikowsky v. tenet = = = a doctor was allegedly subject to multiple hearings for the same charges, and his rights to an expedited hearing were allegedly denied while a suspension was in place. on may 15, 2001, the california medical association filed an amicus curiae brief to emphasize legal protections meant to prevent physicians being
issues regulations to carry out major federal laws governing consumer credit protection, such as the truth in lending, equal credit opportunity, and home mortgage disclosure acts. many of these consumer protection regulations apply to various lenders outside the banking industry as well as to banks. members of the board of governors are in continual contact with other policy makers in government. they frequently testify before congressional committees on the economy, monetary policy, banking supervision and regulation, consumer credit protection, financial markets, and other matters. the board has regular contact with members of the president's council of economic advisers and other key economic officials. the chair also meets from time to time with the president of the united states and has regular meetings with the secretary of the treasury. the chair has formal responsibilities in the international arena as well. = = = = = regulatory and oversight responsibilities = = = = = the board of directors of each federal reserve bank district also has regulatory and supervisory responsibilities. if the board of directors of a district bank has judged that a member bank is performing or behaving poorly, it will report this to the board of governors. this policy is described in law : each federal reserve bank shall keep itself informed of the general character and amount of the loans and investments of its member banks with a view to ascertaining whether undue use is being made of bank credit for the speculative carrying of or trading in securities, real estate, or commodities, or for any other purpose inconsistent with the maintenance of sound credit conditions ; and, in determining whether to grant or refuse advances, rediscounts, or other credit accommodations, the federal reserve bank shall give consideration to such information. the chairman of the federal reserve bank shall report to the board of governors of the federal reserve system any such undue use of bank credit by any member bank, together with his recommendation. whenever, in the judgment of the board of governors of the federal reserve system, any member bank is making such undue use of bank credit, the board may, in its discretion, after reasonable notice and an opportunity for a hearing, suspend such bank from the use of the credit facilities of the federal reserve system and may terminate such suspension or may renew it from time to time. = = = national payments system = = = the federal reserve plays a role in the u. s. payments system. the twelve federal reserve banks provide banking services to depository institutions and to the federal government. for depository institutions, they maintain accounts and provide various payment services, including collecting checks, electronically transferring funds, and distributing and
of the clean air act and racketeer - influenced and corrupt organizations act. the crimes involved a 10 - year scheme to illegally remove asbestos. the rico counts included obstruction of justice, money laundering, mail fraud and bid rigging, all related to the asbestos cleanup. on january 11, 2006, san diego gas & electric co., two of its employees, and a contractor were indicted by a federal grand jury on charges that they violated safety standards while removing asbestos from pipes in lemon grove, california. the defendants were charged with five counts of conspiracy, violating asbestos work practice standards and making false statements. = = references = =
Answer:
|
Green may refuse to answer the questions if she can demonstrate that they are unrelated to matters upon which Congress may legislate.
| null |
Green is cited for contempt of the House of Representatives after she refuses to answer certain questions posed by a House Committee concerning her acts while serving as a United States Ambassador. A federal statute authorizes the Attorney General to prosecute contempts of Congress. Pursuant to this law, the House directs the Attorney General to begin criminal proceedings against Green. A federal grand jury indicts Green, but the Attorney General refuses to sign the indictment."If the Attorney General signs the indictment, the strongest argument Green could urge as a defense is that
0. Green may refuse to answer the questions if she can demonstrate that they are unrelated to matters upon which Congress may legislate.
1. the House may question Green on matters pertaining to the expenditures of funds appropriated by Congress.
2. only the Senate may question Green on matters that relate to the performance of her duties.
3. Congress may not ask questions relating to the performance of duties executed by an officer of the executive branch
standard, " which under the terms of the statute, did not carry criminal liability. the government appealed and the sixth circuit court of appeals reversed the decision of the trial court, stating that it erred in determining that it had jurisdiction to review the validity of the standard in a criminal proceeding. adamo's attorneys appealed to the supreme court. on january 10, 1978, the supreme court ruled in favor of adamo when it held that the trial court did have jurisdiction to review the standard in a criminal proceeding and also agreed with the trial court that the requirements in the act were " not standards " but " procedures " and therefore the proceedings were properly dismissed. = = = = w. r. grace and company = = = = a federal grand jury indicted w. r. grace and company and seven top executives on february 5, 2005, for its operations of a vermiculite mine in libby, montana. the indictment accused grace of wire fraud, knowing endangerment of residents by concealing air monitoring results, obstruction of justice by interfering with an environmental protection agency ( epa ) investigation, violation of the clean air act, providing asbestos materials to schools and local residents, and conspiracy to release asbestos and cover up health problems from asbestos contamination. the department of justice said 1, 200 residents had developed asbestos - related diseases and some had died, and there could be many more injuries and deaths. on june 8, 2006, a federal judge dismissed the conspiracy charge of " knowing endangerment " because some of the defendant officials had left the company before the five - year statute of limitations had begun to run. the wire fraud charge was dropped by prosecutors in march. = = = = other prosecutions = = = = on april 2, 1998, three men were indicted in a conspiracy to use homeless men for illegal asbestos removal from an aging wisconsin manufacturing plant. then - us attorney general janet reno said, " knowingly removing asbestos improperly is criminal. exploiting the homeless to do this work is cruel. " on december 12, 2004, owners of new york asbestos abatement companies were sentenced to the longest federal jail sentences for environmental crimes in u. s. history, after they were convicted on 18 counts of conspiracy to violate the clean air act and the toxic substances control act, and actual violations of the clean air act and racketeer - influenced and corrupt organizations act. the crimes involved a 10 - year scheme to illegally remove asbestos. the rico counts included obstruction of justice, money laundering, mail fraud and bid rigging, all related to
. as a tactic for indecision as a means of public relations by sending sensitive, inconvenient, or irrelevant matters to committees, organizations may bypass, stall, or disacknowledge matters without declaring a formal policy of inaction or indifference. however, this could be considered a dilatory tactic. = = = power and authority = = = generally, committees are required to report to their parent body. they do not usually have the power to act independently unless the body that created it gives it such power. = = formal procedures = = when a committee is formed in a formal situation, such as committees in legislatures or for corporate bodies with by - laws, a chairman ( or " chair " or " chairperson " ) is designated for the committee. sometimes a vice - chairman ( or similar name ) is also appointed. it is common for the committee chairman to organize its meetings. sometimes these meetings are held through videoconferencing or other means if committee members are not able to attend in person, as may be the case if they are in different parts of the country or the world. the chairman is responsible for running meetings. duties include keeping the discussion on the appropriate subject, recognizing members to speak, and confirming what the committee has decided ( through voting or by unanimous consent ). using robert's rules of order newly revised ( ronr ), committees may follow informal procedures ( such as not requiring motions if it is clear what is being discussed ). the level of formality depends on the size and type of committee, in which sometimes larger committees considering crucial issues may require more formal processes. minutes are a record of the decisions at meetings. they can be taken by a person designated as the secretary. for most organizations, committees are not required to keep formal minutes. however, some bodies require that committees take minutes, especially if the committees are public ones subject to open meeting laws. committees may meet on a regular basis, such as weekly or more often, or meetings may be called irregularly as the need arises. the frequency of the meetings depends on the work of the committee and the needs of the parent body. when the committee completes its work, it provides the results in a report to its parent body. the report may include the methods used, the facts uncovered, the conclusions reached, and any recommendations. if the committee is not ready to report, it may provide a partial report or the assembly may discharge the committee of the matter so that the assembly can handle it. also, if members of the committee are not performing
for an investigation, a review body is assembled for fact - finding. this fact - finding body, called an ad hoc committee, is appointed by the medical chief of staff and is composed of other physician staff members chosen at the chief of staff's discretion. this ad hoc committee then conducts an investigation in the manner it feels is appropriate. this may include a review of the literature or an outside expert. thus, there is no standard for impartiality and specifically no standard for due process in the " peer - review'process '. " physicians that are indicted ( and sanctioned ) have the right to request a hearing. at the hearing, counsel is allowed. a second independent panel of physicians is chosen as the petit jury, and a hearing officer is chosen. the accused physician has the option to demonstrate conflicts of interest and attempt to disqualify jurors based on reasonable suspicions of bias or conflicts of interest in a voir dire process. although some medical staff bodies utilize the hospital attorney and accept hospital funds to try peer review cases, the california medical association discourages this practice. california has enacted legislation formally requiring the separation of the hospital and medical staff. = = alleged cases = = some physicians allege that sham peer review is often conducted in retaliation for whistleblowing, although one study in 2007 suggested that such events were rare. = = = khajavi v. feather river anesthesiology medical group = = = those who disagree with the ama point to the case of nosrat khajavi. in 1996, khajavi, an anesthesiologist in yuba city, california, disagreed with a surgeon over the appropriateness of cataract surgery for a patient and refused to attend during the procedure. khajavi was subsequently terminated from his anesthesia group. he sued for wrongful termination under california business & professions'code section 2053, and the suit was allowed by the california court of appeals. in 2000, the court held that khajavi was not protected from termination on the basis of advocating for what he felt was medically appropriate care. the court did not rule on the merits of the dispute. = = = mileikowsky v. tenet = = = a doctor was allegedly subject to multiple hearings for the same charges, and his rights to an expedited hearing were allegedly denied while a suspension was in place. on may 15, 2001, the california medical association filed an amicus curiae brief to emphasize legal protections meant to prevent physicians being
issues regulations to carry out major federal laws governing consumer credit protection, such as the truth in lending, equal credit opportunity, and home mortgage disclosure acts. many of these consumer protection regulations apply to various lenders outside the banking industry as well as to banks. members of the board of governors are in continual contact with other policy makers in government. they frequently testify before congressional committees on the economy, monetary policy, banking supervision and regulation, consumer credit protection, financial markets, and other matters. the board has regular contact with members of the president's council of economic advisers and other key economic officials. the chair also meets from time to time with the president of the united states and has regular meetings with the secretary of the treasury. the chair has formal responsibilities in the international arena as well. = = = = = regulatory and oversight responsibilities = = = = = the board of directors of each federal reserve bank district also has regulatory and supervisory responsibilities. if the board of directors of a district bank has judged that a member bank is performing or behaving poorly, it will report this to the board of governors. this policy is described in law : each federal reserve bank shall keep itself informed of the general character and amount of the loans and investments of its member banks with a view to ascertaining whether undue use is being made of bank credit for the speculative carrying of or trading in securities, real estate, or commodities, or for any other purpose inconsistent with the maintenance of sound credit conditions ; and, in determining whether to grant or refuse advances, rediscounts, or other credit accommodations, the federal reserve bank shall give consideration to such information. the chairman of the federal reserve bank shall report to the board of governors of the federal reserve system any such undue use of bank credit by any member bank, together with his recommendation. whenever, in the judgment of the board of governors of the federal reserve system, any member bank is making such undue use of bank credit, the board may, in its discretion, after reasonable notice and an opportunity for a hearing, suspend such bank from the use of the credit facilities of the federal reserve system and may terminate such suspension or may renew it from time to time. = = = national payments system = = = the federal reserve plays a role in the u. s. payments system. the twelve federal reserve banks provide banking services to depository institutions and to the federal government. for depository institutions, they maintain accounts and provide various payment services, including collecting checks, electronically transferring funds, and distributing and
of the clean air act and racketeer - influenced and corrupt organizations act. the crimes involved a 10 - year scheme to illegally remove asbestos. the rico counts included obstruction of justice, money laundering, mail fraud and bid rigging, all related to the asbestos cleanup. on january 11, 2006, san diego gas & electric co., two of its employees, and a contractor were indicted by a federal grand jury on charges that they violated safety standards while removing asbestos from pipes in lemon grove, california. the defendants were charged with five counts of conspiracy, violating asbestos work practice standards and making false statements. = = references = =
Answer:
|
the House may question Green on matters pertaining to the expenditures of funds appropriated by Congress.
| 0.3 |
Harry met Bill, who was known to him to be a burglar, in a bar. Harry told Bill that he needed money. He promised to pay Bill $500 if Bill would go to Harry's house the following night and take some silverware. Harry explained to Bill that, although the silverware was legally his, his wife would object to his selling it. Harry pointed out his home, one of a group of similar tract houses. He drew a floor plan of the house that showed the location of the silverware. Harry said that his wife usually took several sleeping pills before retiring, and that he would make sure that she took them the next night. He promised to leave a window unlocked. Everything went according to the plan except that Bill, deceived by the similarity of the tract houses, went to the wrong house. He found a window unlocked, climbed in, and found silver where Harry had indicated. He took the silver to the cocktail lounge where the payoff was to take place. At that point police arrested the two men."If Harry were charged with burglary, his best argument for acquittal would be that
0. there was no breaking
1. he consented to the entry.
2. no overt act was committed by him.
3. there was no intent to commit a felony.
himself, to study the european central banking systems and report on them. in early november 1910, aldrich met with five well known members of the new york banking community to devise a central banking bill. paul warburg, an attendee of the meeting and longtime advocate of central banking in the u. s., later wrote that aldrich was " bewildered at all that he had absorbed abroad and he was faced with the difficult task of writing a highly technical bill while being harassed by the daily grind of his parliamentary duties ". after ten days of deliberation, the bill, which would later be referred to as the " aldrich plan ", was agreed upon. it had several key components, including a central bank with a washington - based headquarters and fifteen branches located throughout the u. s. in geographically strategic locations, and a uniform elastic currency based on gold and commercial paper. aldrich believed a central banking system with no political involvement was best, but was convinced by warburg that a plan with no public control was not politically feasible. the compromise involved representation of the public sector on the board of directors. aldrich's bill met much opposition from politicians. critics charged aldrich of being biased due to his close ties to wealthy bankers such as j. p. morgan and john d. rockefeller jr., aldrich's son - in - law. most republicans favored the aldrich plan, but it lacked enough support in congress to pass because rural and western states viewed it as favoring the " eastern establishment ". in contrast, progressive democrats favored a reserve system owned and operated by the government ; they believed that public ownership of the central bank would end wall street's control of the american currency supply. conservative democrats fought for a privately owned, yet decentralized, reserve system, which would still be free of wall street's control. the original aldrich plan was dealt a fatal blow in 1912, when democrats won the white house and congress. nonetheless, president woodrow wilson believed that the aldrich plan would suffice with a few modifications. the plan became the basis for the federal reserve act, which was proposed by senator robert owen in may 1913. the primary difference between the two bills was the transfer of control of the board of directors ( called the federal open market committee in the federal reserve act ) to the government. the bill passed congress on december 23, 1913, on a mostly partisan basis, with most democrats voting " yea " and most republicans voting " nay ". the house voted on december 22, 1913
no matter how much money i offered. by opening that door we were applying pressure. we called it the henry james treatment. it was'the turn of the screw '. " hall clarified that as a game show host he did not have to follow the rules of the puzzle in the savant column and did not always have to allow a person the opportunity to switch ( e. g., he might open their door immediately if it was a losing door, might offer them money to not switch from a losing door to a winning door, or might allow them the opportunity to switch only if they had a winning door ). " if the host is required to open a door all the time and offer you a switch, then you should take the switch, " he said. " but if he has the choice whether to allow a switch or not, beware. caveat emptor. it all depends on his mood. " = = see also = = mythbusters episode 177 " wheel of mythfortune " – pick a door principle of restricted choice – similar application of bayesian updating in contract bridge = = = similar puzzles in probability and decision theory = = = boy or girl paradox sleeping beauty problem two envelopes problem = = references = = = = = bibliography = = = = = further reading = = gill, richard ( 2011b ). " monty hall problem ( version 5 ) ". statprob : the encyclopedia sponsored by statistics and probability societies. archived from the original on 21 january 2016. retrieved 3 april 2011. gnedin, sasha ( 2011 ). " the mondee gills game ". the mathematical intelligencer. 34 : 34 – 41. arxiv : 1106. 0833. doi : 10. 1007 / s00283 - 011 - 9253 - 0. vos savant, marilyn ( 7 july 1991b ). " ask marilyn ". parade. p. 26. archived from the original on 21 january 2013. retrieved 12 november 2012. vos savant, marilyn ( 26 november 2006 ). " ask marilyn ". parade. p. 6. whitaker, craig f. ( 9 september 1990 ). " [ formulation by marilyn vos savant of question posed in a letter from craig whitaker ]. ask marilyn ". parade. p. 16. = = external links = = the game show problem – the original question and responses on marilyn vos savant's web site university of california san diego, monty knows version and monty does not know version
as a dishonest customer attempts to defraud a cashier by saying verbally, " and i'll pay with a $ 50 " but only passing the cashier a smaller bill hoping the cashier will provide change as for a larger bill, or doing other things to attempt to confuse the cashier. in any instance of an unusual transaction, the cashier should print and save a duplicate receipt in order that the store's loss prevention may investigate the transaction should the till not balance. overages occur from taking too much money from customers, not entering the tender correctly other otherwise issuing incorrect change, or not entering items in the point of sale terminal properly. honesty and accuracy are paramount. = = overages / shortages = = cash overages / shortages are usually expressed in several ways. this example shows how it is expressed in writing and how a register printout would show them. overage $ 12. 34 : is written as + 12. 34 ; is printed out as : $ 12. 34 or + $ 12. 34. shortage $ 12. 34 is written as : - 12. 34 ; is printed out as : ( $ 12. 34 ) or - $ 12. 34. = = references = =
comment and in subsequent letters to the editor, morgan et al were supported by some writers, criticized by others ; in each case a response by morgan et al is published alongside the letter or comment in the american statistician. in particular, savant defended herself vigorously. morgan et al complained in their response to savant that savant still had not actually responded to their own main point. later in their response to hogbin and nijdam, they did agree that it was natural to suppose that the host chooses a door to open completely at random when he does have a choice, and hence that the conditional probability of winning by switching ( i. e., conditional given the situation the player is in when he has to make his choice ) has the same value, 2 / 3, as the unconditional probability of winning by switching ( i. e., averaged over all possible situations ). this equality was already emphasized by bell, who suggested that morgan et al's mathematically - involved solution would appeal only to statisticians, whereas the equivalence of the conditional and unconditional solutions in the case of symmetry was intuitively obvious. there is disagreement in the literature regarding whether savant's formulation of the problem, as presented in parade, is asking the first or second question, and whether this difference is significant. behrends concludes that " one must consider the matter with care to see that both analyses are correct ", which is not to say that they are the same. several critics of the paper by morgan et al., whose contributions were published along with the original paper, criticized the authors for altering savant's wording and misinterpreting her intention. one discussant ( william bell ) considered it a matter of taste whether one explicitly mentions that ( by the standard conditions ) which door is opened by the host is independent of whether one should want to switch. among the simple solutions, the " combined doors solution " comes closest to a conditional solution, as we saw in the discussion of methods using the concept of odds and bayes'theorem. it is based on the deeply rooted intuition that revealing information that is already known does not affect probabilities. but, knowing that the host can open one of the two unchosen doors to show a goat does not mean that opening a specific door would not affect the probability that the car is behind the door chosen initially. the point is, though we know in advance that the host will open a door and reveal a goat, we do not know which door
##ges, ( secretly ) flipping a coin to decide which name to provide if the prisoner who is asking is the one being pardoned. the question is whether knowing the warden's answer changes the prisoner's chances of being pardoned. this problem is equivalent to the monty hall problem ; the prisoner asking the question still has a 1 / 3 chance of being pardoned but his unnamed colleague has a 2 / 3 chance. steve selvin posed the monty hall problem in a pair of letters to the american statistician in 1975. the first letter presented the problem in a version close to its presentation in parade 15 years later. the second appears to be the first use of the term " monty hall problem ". the problem is actually an extrapolation from the game show. monty hall did open a wrong door to build excitement, but offered a known lesser prize – such as $ 100 cash – rather than a choice to switch doors. as monty hall wrote to selvin : and if you ever get on my show, the rules hold fast for you – no trading boxes after the selection. a version of the problem very similar to the one that appeared three years later in parade was published in 1987 in the puzzles section of the journal of economic perspectives. nalebuff, as later writers in mathematical economics, sees the problem as a simple and amusing exercise in game theory. " the monty hall trap ", phillip martin's 1989 article in bridge today, presented selvin's problem as an example of what martin calls the probability trap of treating non - random information as if it were random, and relates this to concepts in the game of bridge. a restated version of selvin's problem appeared in marilyn vos savant's ask marilyn question - and - answer column of parade in september 1990. though savant gave the correct answer that switching would win two - thirds of the time, she estimates the magazine received 10, 000 letters including close to 1, 000 signed by phd holders, many on letterheads of mathematics and science departments, declaring that her solution was wrong. due to the overwhelming response, parade published an unprecedented four columns on the problem. as a result of the publicity the problem earned the alternative name " marilyn and the goats ". in november 1990, an equally contentious discussion of savant's article took place in cecil adams's column " the straight dope ". adams initially answered, incorrectly, that the chances for the two remaining doors must each be one in two. after a reader
Answer:
|
there was no intent to commit a felony.
| null |
Harry met Bill, who was known to him to be a burglar, in a bar. Harry told Bill that he needed money. He promised to pay Bill $500 if Bill would go to Harry's house the following night and take some silverware. Harry explained to Bill that, although the silverware was legally his, his wife would object to his selling it. Harry pointed out his home, one of a group of similar tract houses. He drew a floor plan of the house that showed the location of the silverware. Harry said that his wife usually took several sleeping pills before retiring, and that he would make sure that she took them the next night. He promised to leave a window unlocked. Everything went according to the plan except that Bill, deceived by the similarity of the tract houses, went to the wrong house. He found a window unlocked, climbed in, and found silver where Harry had indicated. He took the silver to the cocktail lounge where the payoff was to take place. At that point police arrested the two men."If Harry were charged with burglary, his best argument for acquittal would be that
0. there was no breaking
1. he consented to the entry.
2. no overt act was committed by him.
3. there was no intent to commit a felony.
himself, to study the european central banking systems and report on them. in early november 1910, aldrich met with five well known members of the new york banking community to devise a central banking bill. paul warburg, an attendee of the meeting and longtime advocate of central banking in the u. s., later wrote that aldrich was " bewildered at all that he had absorbed abroad and he was faced with the difficult task of writing a highly technical bill while being harassed by the daily grind of his parliamentary duties ". after ten days of deliberation, the bill, which would later be referred to as the " aldrich plan ", was agreed upon. it had several key components, including a central bank with a washington - based headquarters and fifteen branches located throughout the u. s. in geographically strategic locations, and a uniform elastic currency based on gold and commercial paper. aldrich believed a central banking system with no political involvement was best, but was convinced by warburg that a plan with no public control was not politically feasible. the compromise involved representation of the public sector on the board of directors. aldrich's bill met much opposition from politicians. critics charged aldrich of being biased due to his close ties to wealthy bankers such as j. p. morgan and john d. rockefeller jr., aldrich's son - in - law. most republicans favored the aldrich plan, but it lacked enough support in congress to pass because rural and western states viewed it as favoring the " eastern establishment ". in contrast, progressive democrats favored a reserve system owned and operated by the government ; they believed that public ownership of the central bank would end wall street's control of the american currency supply. conservative democrats fought for a privately owned, yet decentralized, reserve system, which would still be free of wall street's control. the original aldrich plan was dealt a fatal blow in 1912, when democrats won the white house and congress. nonetheless, president woodrow wilson believed that the aldrich plan would suffice with a few modifications. the plan became the basis for the federal reserve act, which was proposed by senator robert owen in may 1913. the primary difference between the two bills was the transfer of control of the board of directors ( called the federal open market committee in the federal reserve act ) to the government. the bill passed congress on december 23, 1913, on a mostly partisan basis, with most democrats voting " yea " and most republicans voting " nay ". the house voted on december 22, 1913
no matter how much money i offered. by opening that door we were applying pressure. we called it the henry james treatment. it was'the turn of the screw '. " hall clarified that as a game show host he did not have to follow the rules of the puzzle in the savant column and did not always have to allow a person the opportunity to switch ( e. g., he might open their door immediately if it was a losing door, might offer them money to not switch from a losing door to a winning door, or might allow them the opportunity to switch only if they had a winning door ). " if the host is required to open a door all the time and offer you a switch, then you should take the switch, " he said. " but if he has the choice whether to allow a switch or not, beware. caveat emptor. it all depends on his mood. " = = see also = = mythbusters episode 177 " wheel of mythfortune " – pick a door principle of restricted choice – similar application of bayesian updating in contract bridge = = = similar puzzles in probability and decision theory = = = boy or girl paradox sleeping beauty problem two envelopes problem = = references = = = = = bibliography = = = = = further reading = = gill, richard ( 2011b ). " monty hall problem ( version 5 ) ". statprob : the encyclopedia sponsored by statistics and probability societies. archived from the original on 21 january 2016. retrieved 3 april 2011. gnedin, sasha ( 2011 ). " the mondee gills game ". the mathematical intelligencer. 34 : 34 – 41. arxiv : 1106. 0833. doi : 10. 1007 / s00283 - 011 - 9253 - 0. vos savant, marilyn ( 7 july 1991b ). " ask marilyn ". parade. p. 26. archived from the original on 21 january 2013. retrieved 12 november 2012. vos savant, marilyn ( 26 november 2006 ). " ask marilyn ". parade. p. 6. whitaker, craig f. ( 9 september 1990 ). " [ formulation by marilyn vos savant of question posed in a letter from craig whitaker ]. ask marilyn ". parade. p. 16. = = external links = = the game show problem – the original question and responses on marilyn vos savant's web site university of california san diego, monty knows version and monty does not know version
as a dishonest customer attempts to defraud a cashier by saying verbally, " and i'll pay with a $ 50 " but only passing the cashier a smaller bill hoping the cashier will provide change as for a larger bill, or doing other things to attempt to confuse the cashier. in any instance of an unusual transaction, the cashier should print and save a duplicate receipt in order that the store's loss prevention may investigate the transaction should the till not balance. overages occur from taking too much money from customers, not entering the tender correctly other otherwise issuing incorrect change, or not entering items in the point of sale terminal properly. honesty and accuracy are paramount. = = overages / shortages = = cash overages / shortages are usually expressed in several ways. this example shows how it is expressed in writing and how a register printout would show them. overage $ 12. 34 : is written as + 12. 34 ; is printed out as : $ 12. 34 or + $ 12. 34. shortage $ 12. 34 is written as : - 12. 34 ; is printed out as : ( $ 12. 34 ) or - $ 12. 34. = = references = =
comment and in subsequent letters to the editor, morgan et al were supported by some writers, criticized by others ; in each case a response by morgan et al is published alongside the letter or comment in the american statistician. in particular, savant defended herself vigorously. morgan et al complained in their response to savant that savant still had not actually responded to their own main point. later in their response to hogbin and nijdam, they did agree that it was natural to suppose that the host chooses a door to open completely at random when he does have a choice, and hence that the conditional probability of winning by switching ( i. e., conditional given the situation the player is in when he has to make his choice ) has the same value, 2 / 3, as the unconditional probability of winning by switching ( i. e., averaged over all possible situations ). this equality was already emphasized by bell, who suggested that morgan et al's mathematically - involved solution would appeal only to statisticians, whereas the equivalence of the conditional and unconditional solutions in the case of symmetry was intuitively obvious. there is disagreement in the literature regarding whether savant's formulation of the problem, as presented in parade, is asking the first or second question, and whether this difference is significant. behrends concludes that " one must consider the matter with care to see that both analyses are correct ", which is not to say that they are the same. several critics of the paper by morgan et al., whose contributions were published along with the original paper, criticized the authors for altering savant's wording and misinterpreting her intention. one discussant ( william bell ) considered it a matter of taste whether one explicitly mentions that ( by the standard conditions ) which door is opened by the host is independent of whether one should want to switch. among the simple solutions, the " combined doors solution " comes closest to a conditional solution, as we saw in the discussion of methods using the concept of odds and bayes'theorem. it is based on the deeply rooted intuition that revealing information that is already known does not affect probabilities. but, knowing that the host can open one of the two unchosen doors to show a goat does not mean that opening a specific door would not affect the probability that the car is behind the door chosen initially. the point is, though we know in advance that the host will open a door and reveal a goat, we do not know which door
##ges, ( secretly ) flipping a coin to decide which name to provide if the prisoner who is asking is the one being pardoned. the question is whether knowing the warden's answer changes the prisoner's chances of being pardoned. this problem is equivalent to the monty hall problem ; the prisoner asking the question still has a 1 / 3 chance of being pardoned but his unnamed colleague has a 2 / 3 chance. steve selvin posed the monty hall problem in a pair of letters to the american statistician in 1975. the first letter presented the problem in a version close to its presentation in parade 15 years later. the second appears to be the first use of the term " monty hall problem ". the problem is actually an extrapolation from the game show. monty hall did open a wrong door to build excitement, but offered a known lesser prize – such as $ 100 cash – rather than a choice to switch doors. as monty hall wrote to selvin : and if you ever get on my show, the rules hold fast for you – no trading boxes after the selection. a version of the problem very similar to the one that appeared three years later in parade was published in 1987 in the puzzles section of the journal of economic perspectives. nalebuff, as later writers in mathematical economics, sees the problem as a simple and amusing exercise in game theory. " the monty hall trap ", phillip martin's 1989 article in bridge today, presented selvin's problem as an example of what martin calls the probability trap of treating non - random information as if it were random, and relates this to concepts in the game of bridge. a restated version of selvin's problem appeared in marilyn vos savant's ask marilyn question - and - answer column of parade in september 1990. though savant gave the correct answer that switching would win two - thirds of the time, she estimates the magazine received 10, 000 letters including close to 1, 000 signed by phd holders, many on letterheads of mathematics and science departments, declaring that her solution was wrong. due to the overwhelming response, parade published an unprecedented four columns on the problem. as a result of the publicity the problem earned the alternative name " marilyn and the goats ". in november 1990, an equally contentious discussion of savant's article took place in cecil adams's column " the straight dope ". adams initially answered, incorrectly, that the chances for the two remaining doors must each be one in two. after a reader
Answer:
|
there was no breaking
| 0.3 |
Harry met Bill, who was known to him to be a burglar, in a bar. Harry told Bill that he needed money. He promised to pay Bill $500 if Bill would go to Harry's house the following night and take some silverware. Harry explained to Bill that, although the silverware was legally his, his wife would object to his selling it. Harry pointed out his home, one of a group of similar tract houses. He drew a floor plan of the house that showed the location of the silverware. Harry said that his wife usually took several sleeping pills before retiring, and that he would make sure that she took them the next night. He promised to leave a window unlocked. Everything went according to the plan except that Bill, deceived by the similarity of the tract houses, went to the wrong house. He found a window unlocked, climbed in, and found silver where Harry had indicated. He took the silver to the cocktail lounge where the payoff was to take place. At that point police arrested the two men."Bill's best argument for acquittal of burglary is that he
0. acted under a mistake of law.
1. had the consent of the owner.
2. reasonably thought he was in Harry's house.
3. found the window unlocked
himself, to study the european central banking systems and report on them. in early november 1910, aldrich met with five well known members of the new york banking community to devise a central banking bill. paul warburg, an attendee of the meeting and longtime advocate of central banking in the u. s., later wrote that aldrich was " bewildered at all that he had absorbed abroad and he was faced with the difficult task of writing a highly technical bill while being harassed by the daily grind of his parliamentary duties ". after ten days of deliberation, the bill, which would later be referred to as the " aldrich plan ", was agreed upon. it had several key components, including a central bank with a washington - based headquarters and fifteen branches located throughout the u. s. in geographically strategic locations, and a uniform elastic currency based on gold and commercial paper. aldrich believed a central banking system with no political involvement was best, but was convinced by warburg that a plan with no public control was not politically feasible. the compromise involved representation of the public sector on the board of directors. aldrich's bill met much opposition from politicians. critics charged aldrich of being biased due to his close ties to wealthy bankers such as j. p. morgan and john d. rockefeller jr., aldrich's son - in - law. most republicans favored the aldrich plan, but it lacked enough support in congress to pass because rural and western states viewed it as favoring the " eastern establishment ". in contrast, progressive democrats favored a reserve system owned and operated by the government ; they believed that public ownership of the central bank would end wall street's control of the american currency supply. conservative democrats fought for a privately owned, yet decentralized, reserve system, which would still be free of wall street's control. the original aldrich plan was dealt a fatal blow in 1912, when democrats won the white house and congress. nonetheless, president woodrow wilson believed that the aldrich plan would suffice with a few modifications. the plan became the basis for the federal reserve act, which was proposed by senator robert owen in may 1913. the primary difference between the two bills was the transfer of control of the board of directors ( called the federal open market committee in the federal reserve act ) to the government. the bill passed congress on december 23, 1913, on a mostly partisan basis, with most democrats voting " yea " and most republicans voting " nay ". the house voted on december 22, 1913
comment and in subsequent letters to the editor, morgan et al were supported by some writers, criticized by others ; in each case a response by morgan et al is published alongside the letter or comment in the american statistician. in particular, savant defended herself vigorously. morgan et al complained in their response to savant that savant still had not actually responded to their own main point. later in their response to hogbin and nijdam, they did agree that it was natural to suppose that the host chooses a door to open completely at random when he does have a choice, and hence that the conditional probability of winning by switching ( i. e., conditional given the situation the player is in when he has to make his choice ) has the same value, 2 / 3, as the unconditional probability of winning by switching ( i. e., averaged over all possible situations ). this equality was already emphasized by bell, who suggested that morgan et al's mathematically - involved solution would appeal only to statisticians, whereas the equivalence of the conditional and unconditional solutions in the case of symmetry was intuitively obvious. there is disagreement in the literature regarding whether savant's formulation of the problem, as presented in parade, is asking the first or second question, and whether this difference is significant. behrends concludes that " one must consider the matter with care to see that both analyses are correct ", which is not to say that they are the same. several critics of the paper by morgan et al., whose contributions were published along with the original paper, criticized the authors for altering savant's wording and misinterpreting her intention. one discussant ( william bell ) considered it a matter of taste whether one explicitly mentions that ( by the standard conditions ) which door is opened by the host is independent of whether one should want to switch. among the simple solutions, the " combined doors solution " comes closest to a conditional solution, as we saw in the discussion of methods using the concept of odds and bayes'theorem. it is based on the deeply rooted intuition that revealing information that is already known does not affect probabilities. but, knowing that the host can open one of the two unchosen doors to show a goat does not mean that opening a specific door would not affect the probability that the car is behind the door chosen initially. the point is, though we know in advance that the host will open a door and reveal a goat, we do not know which door
##s. = = = example 4 : biological testing of a suspect = = = a crime is committed. forensic analysis determines that the perpetrator has a certain blood type shared by 10 % of the population. a suspect is arrested, and found to have that same blood type. a prosecutor might charge the suspect with the crime on that basis alone, and claim at trial that the probability that the defendant is guilty is 90 %. however, this conclusion is only close to correct if the defendant was selected as the main suspect based on robust evidence discovered prior to the blood test and unrelated to it. otherwise, the reasoning presented is flawed, as it overlooks the high prior probability ( that is, prior to the blood test ) that he is a random innocent person. assume, for instance, that 1000 people live in the town where the crime occurred. this means that 100 people live there who have the perpetrator's blood type, of whom only one is the true perpetrator ; therefore, the true probability that the defendant is guilty – based only on the fact that his blood type matches that of the killer – is only 1 %, far less than the 90 % argued by the prosecutor. the prosecutor's fallacy involves assuming that the prior probability of a random match is equal to the probability that the defendant is innocent. when using it, a prosecutor questioning an expert witness may ask : " the odds of finding this evidence on an innocent man are so small that the jury can safely disregard the possibility that this defendant is innocent, correct? " the claim assumes that the probability that evidence is found on an innocent man is the same as the probability that a man is innocent given that evidence was found on him, which is not true. whilst the former is usually small ( 10 % in the previous example ) due to good forensic evidence procedures, the latter ( 99 % in that example ) does not directly relate to it and will often be much higher, since, in fact, it depends on the likely quite high prior odds of the defendant being a random innocent person. = = examples in law = = = = = o. j. simpson trial = = = o. j. simpson was tried and acquitted in 1995 for the murders of his ex - wife nicole brown simpson and her friend ronald goldman. crime scene blood matched simpson's with characteristics shared by 1 in 400 people. however, the defense argued that the number of people from los angeles matching the sample could fill a football stadium and that the figure of 1 in 400 was useless. it
no matter how much money i offered. by opening that door we were applying pressure. we called it the henry james treatment. it was'the turn of the screw '. " hall clarified that as a game show host he did not have to follow the rules of the puzzle in the savant column and did not always have to allow a person the opportunity to switch ( e. g., he might open their door immediately if it was a losing door, might offer them money to not switch from a losing door to a winning door, or might allow them the opportunity to switch only if they had a winning door ). " if the host is required to open a door all the time and offer you a switch, then you should take the switch, " he said. " but if he has the choice whether to allow a switch or not, beware. caveat emptor. it all depends on his mood. " = = see also = = mythbusters episode 177 " wheel of mythfortune " – pick a door principle of restricted choice – similar application of bayesian updating in contract bridge = = = similar puzzles in probability and decision theory = = = boy or girl paradox sleeping beauty problem two envelopes problem = = references = = = = = bibliography = = = = = further reading = = gill, richard ( 2011b ). " monty hall problem ( version 5 ) ". statprob : the encyclopedia sponsored by statistics and probability societies. archived from the original on 21 january 2016. retrieved 3 april 2011. gnedin, sasha ( 2011 ). " the mondee gills game ". the mathematical intelligencer. 34 : 34 – 41. arxiv : 1106. 0833. doi : 10. 1007 / s00283 - 011 - 9253 - 0. vos savant, marilyn ( 7 july 1991b ). " ask marilyn ". parade. p. 26. archived from the original on 21 january 2013. retrieved 12 november 2012. vos savant, marilyn ( 26 november 2006 ). " ask marilyn ". parade. p. 6. whitaker, craig f. ( 9 september 1990 ). " [ formulation by marilyn vos savant of question posed in a letter from craig whitaker ]. ask marilyn ". parade. p. 16. = = external links = = the game show problem – the original question and responses on marilyn vos savant's web site university of california san diego, monty knows version and monty does not know version
market reduction approach ( mra ) is an approach to reducing crime by reducing the opportunity for thieves to fence or resell what they have stolen. = = history = = = = = early = = = in 1796, the london magistrate patrick colquhoun observed that " [ i ] t rarely happens that thieves go upon the highway, or commit burglaries, until the money they have previously acquired is exhausted, " and that "... without a safe and ready market he [ the thief ] is undone. " recognizing the key role played by dealers in stolen goods in facilitating profit from theft and motivation for offenders to steal and with an aim to influence harsher legislation and sentencing of professional fences, the american jurisprudentialist jerome hall emphasised the role of the professional fence in the marketing of stolen goods and created a typology that distinguished between professional fences, part - time dealers, and those who knowingly buy stolen goods for their own consumption. a number of ethnography studies ( e. g. klockars 1974 ; henry 1977 and steffensmeir 1986 ) hinted at the influence of the market for stolen goods upon levels of theft of certain goods. a systematic study of the various ways that stolen goods are stored, sold and bought – going beyond the previous focus upon the guilty mind and level of involvement of dealers and consumers – was conducted by mike sutton, who created a fivefold market typology based on his interviews with expert prolific thieves, inexperienced thieves, fences, drug dealers and stolen goods consumers. in 1998, the uk home office published sutton's report proposing a systematic framework for researching and tackling local stolen goods markets. = = = modern = = = current development of the market reduction approach ( mra ) has its origins in a 1995 british journal of criminology paper : supply by theft that was followed by a 1998 united kingdom government home office research study entitled handling stolen goods and theft : a market reduction approach, both written by mike sutton further work on implementing and process evaluation of the mra was conducted by schneider. described by marcus felson as "... a simple idea in an important article " and as classic research, sutton's concept of mra has had an influence upon theory and practice regarding stolen goods markets and markets for other illicit commodities. some criminologists have incorporated sutton's work on stolen goods markets to explain the issue of offenders ’ capacity to commit crimes. the general mra principles have influenced work beyond research into markets for theft of high
Answer:
|
reasonably thought he was in Harry's house.
| null |
Harry met Bill, who was known to him to be a burglar, in a bar. Harry told Bill that he needed money. He promised to pay Bill $500 if Bill would go to Harry's house the following night and take some silverware. Harry explained to Bill that, although the silverware was legally his, his wife would object to his selling it. Harry pointed out his home, one of a group of similar tract houses. He drew a floor plan of the house that showed the location of the silverware. Harry said that his wife usually took several sleeping pills before retiring, and that he would make sure that she took them the next night. He promised to leave a window unlocked. Everything went according to the plan except that Bill, deceived by the similarity of the tract houses, went to the wrong house. He found a window unlocked, climbed in, and found silver where Harry had indicated. He took the silver to the cocktail lounge where the payoff was to take place. At that point police arrested the two men."Bill's best argument for acquittal of burglary is that he
0. acted under a mistake of law.
1. had the consent of the owner.
2. reasonably thought he was in Harry's house.
3. found the window unlocked
himself, to study the european central banking systems and report on them. in early november 1910, aldrich met with five well known members of the new york banking community to devise a central banking bill. paul warburg, an attendee of the meeting and longtime advocate of central banking in the u. s., later wrote that aldrich was " bewildered at all that he had absorbed abroad and he was faced with the difficult task of writing a highly technical bill while being harassed by the daily grind of his parliamentary duties ". after ten days of deliberation, the bill, which would later be referred to as the " aldrich plan ", was agreed upon. it had several key components, including a central bank with a washington - based headquarters and fifteen branches located throughout the u. s. in geographically strategic locations, and a uniform elastic currency based on gold and commercial paper. aldrich believed a central banking system with no political involvement was best, but was convinced by warburg that a plan with no public control was not politically feasible. the compromise involved representation of the public sector on the board of directors. aldrich's bill met much opposition from politicians. critics charged aldrich of being biased due to his close ties to wealthy bankers such as j. p. morgan and john d. rockefeller jr., aldrich's son - in - law. most republicans favored the aldrich plan, but it lacked enough support in congress to pass because rural and western states viewed it as favoring the " eastern establishment ". in contrast, progressive democrats favored a reserve system owned and operated by the government ; they believed that public ownership of the central bank would end wall street's control of the american currency supply. conservative democrats fought for a privately owned, yet decentralized, reserve system, which would still be free of wall street's control. the original aldrich plan was dealt a fatal blow in 1912, when democrats won the white house and congress. nonetheless, president woodrow wilson believed that the aldrich plan would suffice with a few modifications. the plan became the basis for the federal reserve act, which was proposed by senator robert owen in may 1913. the primary difference between the two bills was the transfer of control of the board of directors ( called the federal open market committee in the federal reserve act ) to the government. the bill passed congress on december 23, 1913, on a mostly partisan basis, with most democrats voting " yea " and most republicans voting " nay ". the house voted on december 22, 1913
comment and in subsequent letters to the editor, morgan et al were supported by some writers, criticized by others ; in each case a response by morgan et al is published alongside the letter or comment in the american statistician. in particular, savant defended herself vigorously. morgan et al complained in their response to savant that savant still had not actually responded to their own main point. later in their response to hogbin and nijdam, they did agree that it was natural to suppose that the host chooses a door to open completely at random when he does have a choice, and hence that the conditional probability of winning by switching ( i. e., conditional given the situation the player is in when he has to make his choice ) has the same value, 2 / 3, as the unconditional probability of winning by switching ( i. e., averaged over all possible situations ). this equality was already emphasized by bell, who suggested that morgan et al's mathematically - involved solution would appeal only to statisticians, whereas the equivalence of the conditional and unconditional solutions in the case of symmetry was intuitively obvious. there is disagreement in the literature regarding whether savant's formulation of the problem, as presented in parade, is asking the first or second question, and whether this difference is significant. behrends concludes that " one must consider the matter with care to see that both analyses are correct ", which is not to say that they are the same. several critics of the paper by morgan et al., whose contributions were published along with the original paper, criticized the authors for altering savant's wording and misinterpreting her intention. one discussant ( william bell ) considered it a matter of taste whether one explicitly mentions that ( by the standard conditions ) which door is opened by the host is independent of whether one should want to switch. among the simple solutions, the " combined doors solution " comes closest to a conditional solution, as we saw in the discussion of methods using the concept of odds and bayes'theorem. it is based on the deeply rooted intuition that revealing information that is already known does not affect probabilities. but, knowing that the host can open one of the two unchosen doors to show a goat does not mean that opening a specific door would not affect the probability that the car is behind the door chosen initially. the point is, though we know in advance that the host will open a door and reveal a goat, we do not know which door
##s. = = = example 4 : biological testing of a suspect = = = a crime is committed. forensic analysis determines that the perpetrator has a certain blood type shared by 10 % of the population. a suspect is arrested, and found to have that same blood type. a prosecutor might charge the suspect with the crime on that basis alone, and claim at trial that the probability that the defendant is guilty is 90 %. however, this conclusion is only close to correct if the defendant was selected as the main suspect based on robust evidence discovered prior to the blood test and unrelated to it. otherwise, the reasoning presented is flawed, as it overlooks the high prior probability ( that is, prior to the blood test ) that he is a random innocent person. assume, for instance, that 1000 people live in the town where the crime occurred. this means that 100 people live there who have the perpetrator's blood type, of whom only one is the true perpetrator ; therefore, the true probability that the defendant is guilty – based only on the fact that his blood type matches that of the killer – is only 1 %, far less than the 90 % argued by the prosecutor. the prosecutor's fallacy involves assuming that the prior probability of a random match is equal to the probability that the defendant is innocent. when using it, a prosecutor questioning an expert witness may ask : " the odds of finding this evidence on an innocent man are so small that the jury can safely disregard the possibility that this defendant is innocent, correct? " the claim assumes that the probability that evidence is found on an innocent man is the same as the probability that a man is innocent given that evidence was found on him, which is not true. whilst the former is usually small ( 10 % in the previous example ) due to good forensic evidence procedures, the latter ( 99 % in that example ) does not directly relate to it and will often be much higher, since, in fact, it depends on the likely quite high prior odds of the defendant being a random innocent person. = = examples in law = = = = = o. j. simpson trial = = = o. j. simpson was tried and acquitted in 1995 for the murders of his ex - wife nicole brown simpson and her friend ronald goldman. crime scene blood matched simpson's with characteristics shared by 1 in 400 people. however, the defense argued that the number of people from los angeles matching the sample could fill a football stadium and that the figure of 1 in 400 was useless. it
no matter how much money i offered. by opening that door we were applying pressure. we called it the henry james treatment. it was'the turn of the screw '. " hall clarified that as a game show host he did not have to follow the rules of the puzzle in the savant column and did not always have to allow a person the opportunity to switch ( e. g., he might open their door immediately if it was a losing door, might offer them money to not switch from a losing door to a winning door, or might allow them the opportunity to switch only if they had a winning door ). " if the host is required to open a door all the time and offer you a switch, then you should take the switch, " he said. " but if he has the choice whether to allow a switch or not, beware. caveat emptor. it all depends on his mood. " = = see also = = mythbusters episode 177 " wheel of mythfortune " – pick a door principle of restricted choice – similar application of bayesian updating in contract bridge = = = similar puzzles in probability and decision theory = = = boy or girl paradox sleeping beauty problem two envelopes problem = = references = = = = = bibliography = = = = = further reading = = gill, richard ( 2011b ). " monty hall problem ( version 5 ) ". statprob : the encyclopedia sponsored by statistics and probability societies. archived from the original on 21 january 2016. retrieved 3 april 2011. gnedin, sasha ( 2011 ). " the mondee gills game ". the mathematical intelligencer. 34 : 34 – 41. arxiv : 1106. 0833. doi : 10. 1007 / s00283 - 011 - 9253 - 0. vos savant, marilyn ( 7 july 1991b ). " ask marilyn ". parade. p. 26. archived from the original on 21 january 2013. retrieved 12 november 2012. vos savant, marilyn ( 26 november 2006 ). " ask marilyn ". parade. p. 6. whitaker, craig f. ( 9 september 1990 ). " [ formulation by marilyn vos savant of question posed in a letter from craig whitaker ]. ask marilyn ". parade. p. 16. = = external links = = the game show problem – the original question and responses on marilyn vos savant's web site university of california san diego, monty knows version and monty does not know version
market reduction approach ( mra ) is an approach to reducing crime by reducing the opportunity for thieves to fence or resell what they have stolen. = = history = = = = = early = = = in 1796, the london magistrate patrick colquhoun observed that " [ i ] t rarely happens that thieves go upon the highway, or commit burglaries, until the money they have previously acquired is exhausted, " and that "... without a safe and ready market he [ the thief ] is undone. " recognizing the key role played by dealers in stolen goods in facilitating profit from theft and motivation for offenders to steal and with an aim to influence harsher legislation and sentencing of professional fences, the american jurisprudentialist jerome hall emphasised the role of the professional fence in the marketing of stolen goods and created a typology that distinguished between professional fences, part - time dealers, and those who knowingly buy stolen goods for their own consumption. a number of ethnography studies ( e. g. klockars 1974 ; henry 1977 and steffensmeir 1986 ) hinted at the influence of the market for stolen goods upon levels of theft of certain goods. a systematic study of the various ways that stolen goods are stored, sold and bought – going beyond the previous focus upon the guilty mind and level of involvement of dealers and consumers – was conducted by mike sutton, who created a fivefold market typology based on his interviews with expert prolific thieves, inexperienced thieves, fences, drug dealers and stolen goods consumers. in 1998, the uk home office published sutton's report proposing a systematic framework for researching and tackling local stolen goods markets. = = = modern = = = current development of the market reduction approach ( mra ) has its origins in a 1995 british journal of criminology paper : supply by theft that was followed by a 1998 united kingdom government home office research study entitled handling stolen goods and theft : a market reduction approach, both written by mike sutton further work on implementing and process evaluation of the mra was conducted by schneider. described by marcus felson as "... a simple idea in an important article " and as classic research, sutton's concept of mra has had an influence upon theory and practice regarding stolen goods markets and markets for other illicit commodities. some criminologists have incorporated sutton's work on stolen goods markets to explain the issue of offenders ’ capacity to commit crimes. the general mra principles have influenced work beyond research into markets for theft of high
Answer:
|
acted under a mistake of law.
| 0.3 |
Harry met Bill, who was known to him to be a burglar, in a bar. Harry told Bill that he needed money. He promised to pay Bill $500 if Bill would go to Harry's house the following night and take some silverware. Harry explained to Bill that, although the silverware was legally his, his wife would object to his selling it. Harry pointed out his home, one of a group of similar tract houses. He drew a floor plan of the house that showed the location of the silverware. Harry said that his wife usually took several sleeping pills before retiring, and that he would make sure that she took them the next night. He promised to leave a window unlocked. Everything went according to the plan except that Bill, deceived by the similarity of the tract houses, went to the wrong house. He found a window unlocked, climbed in, and found silver where Harry had indicated. He took the silver to the cocktail lounge where the payoff was to take place. At that point police arrested the two men."If Harry and Bill are charged with a conspiracy to commit burglary, their best argument for acquittal is that
0. Bill was the alter ego of Harry.
1. they did not intend to commit burglary.
2. there was no overt act.
3. there was no agreemen
himself, to study the european central banking systems and report on them. in early november 1910, aldrich met with five well known members of the new york banking community to devise a central banking bill. paul warburg, an attendee of the meeting and longtime advocate of central banking in the u. s., later wrote that aldrich was " bewildered at all that he had absorbed abroad and he was faced with the difficult task of writing a highly technical bill while being harassed by the daily grind of his parliamentary duties ". after ten days of deliberation, the bill, which would later be referred to as the " aldrich plan ", was agreed upon. it had several key components, including a central bank with a washington - based headquarters and fifteen branches located throughout the u. s. in geographically strategic locations, and a uniform elastic currency based on gold and commercial paper. aldrich believed a central banking system with no political involvement was best, but was convinced by warburg that a plan with no public control was not politically feasible. the compromise involved representation of the public sector on the board of directors. aldrich's bill met much opposition from politicians. critics charged aldrich of being biased due to his close ties to wealthy bankers such as j. p. morgan and john d. rockefeller jr., aldrich's son - in - law. most republicans favored the aldrich plan, but it lacked enough support in congress to pass because rural and western states viewed it as favoring the " eastern establishment ". in contrast, progressive democrats favored a reserve system owned and operated by the government ; they believed that public ownership of the central bank would end wall street's control of the american currency supply. conservative democrats fought for a privately owned, yet decentralized, reserve system, which would still be free of wall street's control. the original aldrich plan was dealt a fatal blow in 1912, when democrats won the white house and congress. nonetheless, president woodrow wilson believed that the aldrich plan would suffice with a few modifications. the plan became the basis for the federal reserve act, which was proposed by senator robert owen in may 1913. the primary difference between the two bills was the transfer of control of the board of directors ( called the federal open market committee in the federal reserve act ) to the government. the bill passed congress on december 23, 1913, on a mostly partisan basis, with most democrats voting " yea " and most republicans voting " nay ". the house voted on december 22, 1913
##ctual conditionals. = = = reasoning = = = experiments have compared the inferences people make from counterfactual conditionals and indicative conditionals. given a counterfactual conditional, e. g., " if there had been a circle on the blackboard then there would have been a triangle ", and the subsequent information " in fact there was no triangle ", participants make the modus tollens inference " there was no circle " more often than they do from an indicative conditional. given the counterfactual conditional and the subsequent information " in fact there was a circle ", participants make the modus ponens inference as often as they do from an indicative conditional. = = = psychological accounts = = = byrne argues that people construct mental representations that encompass two possibilities when they understand, and reason from, a counterfactual conditional, e. g., " if oswald had not shot kennedy, then someone else would have ". they envisage the conjecture " oswald did not shoot kennedy and someone else did " and they also think about the presupposed facts " oswald did shoot kennedy and someone else did not ". according to the mental model theory of reasoning, they construct mental models of the alternative possibilities. = = see also = = = = footnotes = = = = references = = bennett, jonathan ( 2003 ). a philosophical guide to conditionals. doi : 10. 1093 / 0199258872. 001. 0001. isbn 9780199258871. morgan, stephen l. ; winship, christopher ( 2007 ). counterfactuals and causal inference. doi : 10. 1017 / cbo9780511804564. isbn 9780511804564. ginsberg, matthew l. ( 1986 ). " counterfactuals ". artificial intelligence. 30 : 35 – 79. doi : 10. 1016 / 0004 - 3702 ( 86 ) 90067 - 6. s2cid 241535532. kozuchowski, adam ( 2015 ). " more than true : the rhetorical function of counterfactuals in historiography ". rethinking history. 19 ( 3 ) : 337 – 356. doi : 10. 1080 / 13642529. 2014. 893663. s2cid 143617647. judea pearl ( 2000 ). causality : models, reasoning, and
concerned with issues of discrimination and social justice, and also participated in anti - nuclear demonstrations ". people reading this description then ranked the likelihood of different statements about linda. amongst others, these included " linda is a bank teller ", and, " linda is a bank teller and is active in the feminist movement ". people showed a strong tendency to rate the latter, more specific statement as more likely, even though a conjunction of the form " linda is both x and y " can never be more probable than the more general statement " linda is x ". the explanation in terms of heuristics is that the judgment was distorted because, for the readers, the character sketch was representative of the sort of person who might be an active feminist but not of someone who works in a bank. a similar exercise concerned bill, described as " intelligent but unimaginative ". a great majority of people reading this character sketch rated " bill is an accountant who plays jazz for a hobby ", as more likely than " bill plays jazz for a hobby ". without success, tversky and kahneman used what they described as " a series of increasingly desperate manipulations " to get their subjects to recognise the logical error. in one variation, subjects had to choose between a logical explanation of why " linda is a bank teller " is more likely, and a deliberately illogical argument which said that " linda is a feminist bank teller " is more likely " because she resembles an active feminist more than she resembles a bank teller ". sixty - five percent of subjects found the illogical argument more convincing. other researchers also carried out variations of this study, exploring the possibility that people had misunderstood the question. they did not eliminate the error. it has been shown that individuals with high crt scores are significantly less likely to be subject to the conjunction fallacy. the error disappears when the question is posed in terms of frequencies. everyone in these versions of the study recognised that out of 100 people fitting an outline description, the conjunction statement ( " she is x and y " ) cannot apply to more people than the general statement ( " she is x " ). = = = = ignorance of sample size = = = = tversky and kahneman asked subjects to consider a problem about random variation. imagining for simplicity that exactly half of the babies born in a hospital are male, the ratio will not be exactly half in every time period. on some days, more girls will be born and on others, more boys. the question was, does the likelihood of deviating
a fast - food restaurant, either ( c ) handing a check to the cashier or ( g ) pointing a gun at the cashier. following this, participants were given a short retention interval, after which they completed a questionnaire, and were then shown a fair - perpetrator 12 - person lineup. in the first experiment, the participant's memory was slightly worse. in the second, the assailant was correctly identified slightly less often in the weapon condition. the questionnaire and line - up results of experiment ii showed those in the g group with worse memory, compared to the control - conditioned group. = = = systematic variables = = = = = = = type of questioning = = = = as early as 1900, psychologists like alfred binet recorded how the phrasing of questioning during an investigation could alter witness response. binet believed people were highly susceptible to suggestion, and called for a better approach to questioning witnesses. a prime example of this is in the initial questioning process conducted by authorities. as an official investigation launches, police ask many questions ranging from race to weight of the perpetrator. all the information collected can be used to pull photographs of prime suspects or lead to a line up. if police suggest their own opinions, whether verbal or non - verbal, it can encourage a witness to change their mind or lead to guessing. studies conducted by crombag ( 1996 ) discovered that in an incident involving a crew attempting to return to the airport but were unable to maintain flight and crashed into an 11 - story apartment building. though no cameras caught the moment of impact on film, many news stations covered the tragedy with footage taken after impact. ten months after the event, the researchers interviewed people about the crash. according to theories about flashbulb memory, the intense shock of the event should have made the memory of the event incredibly accurate. this same logic is often applied to those who witness a criminal act. to test this assumption, participants were asked questions that planted false information about the event. fifty - five percent of subjects reported having watched the moment of impact on television, and recalled the moment the plane broke out in flames - even though it was impossible for them to have seen either of these occurrences. one researcher remarked, " [ v ] ery critical sense would have made our subjects realize that the implanted information could not possibly be true. we are still at a loss as to why so few of them realized this. " a survey of research on the matter confirm eyewitness testimony consistently changes over time and
its reserves, as well as establishing a fixed ratio of gold to the us dollar. this was, in effect, a derivative silver standard, since the bank was not required to keep silver to back all of its currency. this began a long series of attempts for america to create a bimetallic standard for the us dollar, which would continue until the 1920s. gold and silver coins were legal tender, including the spanish real. due to the huge debt taken on by the us federal government to finance the revolutionary war, silver coins struck by the government left circulation, and in 1806, president jefferson suspended the minting of silver coins. the us treasury was put on a strict hard money standard, doing business only in gold or silver coin as part of the independent treasury act of 1846, which legally separated the accounts of the federal government from the banking system. however, the fixed rate of gold to silver overvalued silver in relation to the demand for gold to trade or borrow from england. following gresham's law, silver poured into the us, which traded with other silver nations, and gold moved out. in 1853, the us reduced the silver weight of coins to keep them in circulation, and 1857 removed legal tender status from foreign coinage. in 1857, the final crisis of the free banking era of international finance began, as american banks suspended payment in silver, rippling through the very young international financial system of central banks. in 1861, the us government suspended payment in gold and silver, effectively ending the attempts to form a silver standard basis for the dollar. through the 1860 – 1871 period, various attempts to resurrect bi - metallic standards were made, including one based on the gold and silver franc ; however, with the rapid influx of silver from new deposits, the expectation of scarcity of silver ended. the combination that produced economic stability was the restriction of the supply of new notes, a government monopoly on the issuance of notes directly and indirectly, a central bank, and a single unit of value. as notes devalued, or silver ceased to circulate as a store of value, or there was a depression, governments demanding specie as payment drained the circulating medium out of the economy. at the same time, there was a dramatically expanded need for credit, and large banks were being chartered in various states, including those in japan by 1872. the need for stability in monetary affairs would produce a rapid acceptance of the gold standard in the period that followed. the coinage act of 1873, enacted by the
Answer:
|
they did not intend to commit burglary.
| null |
Harry met Bill, who was known to him to be a burglar, in a bar. Harry told Bill that he needed money. He promised to pay Bill $500 if Bill would go to Harry's house the following night and take some silverware. Harry explained to Bill that, although the silverware was legally his, his wife would object to his selling it. Harry pointed out his home, one of a group of similar tract houses. He drew a floor plan of the house that showed the location of the silverware. Harry said that his wife usually took several sleeping pills before retiring, and that he would make sure that she took them the next night. He promised to leave a window unlocked. Everything went according to the plan except that Bill, deceived by the similarity of the tract houses, went to the wrong house. He found a window unlocked, climbed in, and found silver where Harry had indicated. He took the silver to the cocktail lounge where the payoff was to take place. At that point police arrested the two men."If Harry and Bill are charged with a conspiracy to commit burglary, their best argument for acquittal is that
0. Bill was the alter ego of Harry.
1. they did not intend to commit burglary.
2. there was no overt act.
3. there was no agreemen
himself, to study the european central banking systems and report on them. in early november 1910, aldrich met with five well known members of the new york banking community to devise a central banking bill. paul warburg, an attendee of the meeting and longtime advocate of central banking in the u. s., later wrote that aldrich was " bewildered at all that he had absorbed abroad and he was faced with the difficult task of writing a highly technical bill while being harassed by the daily grind of his parliamentary duties ". after ten days of deliberation, the bill, which would later be referred to as the " aldrich plan ", was agreed upon. it had several key components, including a central bank with a washington - based headquarters and fifteen branches located throughout the u. s. in geographically strategic locations, and a uniform elastic currency based on gold and commercial paper. aldrich believed a central banking system with no political involvement was best, but was convinced by warburg that a plan with no public control was not politically feasible. the compromise involved representation of the public sector on the board of directors. aldrich's bill met much opposition from politicians. critics charged aldrich of being biased due to his close ties to wealthy bankers such as j. p. morgan and john d. rockefeller jr., aldrich's son - in - law. most republicans favored the aldrich plan, but it lacked enough support in congress to pass because rural and western states viewed it as favoring the " eastern establishment ". in contrast, progressive democrats favored a reserve system owned and operated by the government ; they believed that public ownership of the central bank would end wall street's control of the american currency supply. conservative democrats fought for a privately owned, yet decentralized, reserve system, which would still be free of wall street's control. the original aldrich plan was dealt a fatal blow in 1912, when democrats won the white house and congress. nonetheless, president woodrow wilson believed that the aldrich plan would suffice with a few modifications. the plan became the basis for the federal reserve act, which was proposed by senator robert owen in may 1913. the primary difference between the two bills was the transfer of control of the board of directors ( called the federal open market committee in the federal reserve act ) to the government. the bill passed congress on december 23, 1913, on a mostly partisan basis, with most democrats voting " yea " and most republicans voting " nay ". the house voted on december 22, 1913
##ctual conditionals. = = = reasoning = = = experiments have compared the inferences people make from counterfactual conditionals and indicative conditionals. given a counterfactual conditional, e. g., " if there had been a circle on the blackboard then there would have been a triangle ", and the subsequent information " in fact there was no triangle ", participants make the modus tollens inference " there was no circle " more often than they do from an indicative conditional. given the counterfactual conditional and the subsequent information " in fact there was a circle ", participants make the modus ponens inference as often as they do from an indicative conditional. = = = psychological accounts = = = byrne argues that people construct mental representations that encompass two possibilities when they understand, and reason from, a counterfactual conditional, e. g., " if oswald had not shot kennedy, then someone else would have ". they envisage the conjecture " oswald did not shoot kennedy and someone else did " and they also think about the presupposed facts " oswald did shoot kennedy and someone else did not ". according to the mental model theory of reasoning, they construct mental models of the alternative possibilities. = = see also = = = = footnotes = = = = references = = bennett, jonathan ( 2003 ). a philosophical guide to conditionals. doi : 10. 1093 / 0199258872. 001. 0001. isbn 9780199258871. morgan, stephen l. ; winship, christopher ( 2007 ). counterfactuals and causal inference. doi : 10. 1017 / cbo9780511804564. isbn 9780511804564. ginsberg, matthew l. ( 1986 ). " counterfactuals ". artificial intelligence. 30 : 35 – 79. doi : 10. 1016 / 0004 - 3702 ( 86 ) 90067 - 6. s2cid 241535532. kozuchowski, adam ( 2015 ). " more than true : the rhetorical function of counterfactuals in historiography ". rethinking history. 19 ( 3 ) : 337 – 356. doi : 10. 1080 / 13642529. 2014. 893663. s2cid 143617647. judea pearl ( 2000 ). causality : models, reasoning, and
concerned with issues of discrimination and social justice, and also participated in anti - nuclear demonstrations ". people reading this description then ranked the likelihood of different statements about linda. amongst others, these included " linda is a bank teller ", and, " linda is a bank teller and is active in the feminist movement ". people showed a strong tendency to rate the latter, more specific statement as more likely, even though a conjunction of the form " linda is both x and y " can never be more probable than the more general statement " linda is x ". the explanation in terms of heuristics is that the judgment was distorted because, for the readers, the character sketch was representative of the sort of person who might be an active feminist but not of someone who works in a bank. a similar exercise concerned bill, described as " intelligent but unimaginative ". a great majority of people reading this character sketch rated " bill is an accountant who plays jazz for a hobby ", as more likely than " bill plays jazz for a hobby ". without success, tversky and kahneman used what they described as " a series of increasingly desperate manipulations " to get their subjects to recognise the logical error. in one variation, subjects had to choose between a logical explanation of why " linda is a bank teller " is more likely, and a deliberately illogical argument which said that " linda is a feminist bank teller " is more likely " because she resembles an active feminist more than she resembles a bank teller ". sixty - five percent of subjects found the illogical argument more convincing. other researchers also carried out variations of this study, exploring the possibility that people had misunderstood the question. they did not eliminate the error. it has been shown that individuals with high crt scores are significantly less likely to be subject to the conjunction fallacy. the error disappears when the question is posed in terms of frequencies. everyone in these versions of the study recognised that out of 100 people fitting an outline description, the conjunction statement ( " she is x and y " ) cannot apply to more people than the general statement ( " she is x " ). = = = = ignorance of sample size = = = = tversky and kahneman asked subjects to consider a problem about random variation. imagining for simplicity that exactly half of the babies born in a hospital are male, the ratio will not be exactly half in every time period. on some days, more girls will be born and on others, more boys. the question was, does the likelihood of deviating
a fast - food restaurant, either ( c ) handing a check to the cashier or ( g ) pointing a gun at the cashier. following this, participants were given a short retention interval, after which they completed a questionnaire, and were then shown a fair - perpetrator 12 - person lineup. in the first experiment, the participant's memory was slightly worse. in the second, the assailant was correctly identified slightly less often in the weapon condition. the questionnaire and line - up results of experiment ii showed those in the g group with worse memory, compared to the control - conditioned group. = = = systematic variables = = = = = = = type of questioning = = = = as early as 1900, psychologists like alfred binet recorded how the phrasing of questioning during an investigation could alter witness response. binet believed people were highly susceptible to suggestion, and called for a better approach to questioning witnesses. a prime example of this is in the initial questioning process conducted by authorities. as an official investigation launches, police ask many questions ranging from race to weight of the perpetrator. all the information collected can be used to pull photographs of prime suspects or lead to a line up. if police suggest their own opinions, whether verbal or non - verbal, it can encourage a witness to change their mind or lead to guessing. studies conducted by crombag ( 1996 ) discovered that in an incident involving a crew attempting to return to the airport but were unable to maintain flight and crashed into an 11 - story apartment building. though no cameras caught the moment of impact on film, many news stations covered the tragedy with footage taken after impact. ten months after the event, the researchers interviewed people about the crash. according to theories about flashbulb memory, the intense shock of the event should have made the memory of the event incredibly accurate. this same logic is often applied to those who witness a criminal act. to test this assumption, participants were asked questions that planted false information about the event. fifty - five percent of subjects reported having watched the moment of impact on television, and recalled the moment the plane broke out in flames - even though it was impossible for them to have seen either of these occurrences. one researcher remarked, " [ v ] ery critical sense would have made our subjects realize that the implanted information could not possibly be true. we are still at a loss as to why so few of them realized this. " a survey of research on the matter confirm eyewitness testimony consistently changes over time and
its reserves, as well as establishing a fixed ratio of gold to the us dollar. this was, in effect, a derivative silver standard, since the bank was not required to keep silver to back all of its currency. this began a long series of attempts for america to create a bimetallic standard for the us dollar, which would continue until the 1920s. gold and silver coins were legal tender, including the spanish real. due to the huge debt taken on by the us federal government to finance the revolutionary war, silver coins struck by the government left circulation, and in 1806, president jefferson suspended the minting of silver coins. the us treasury was put on a strict hard money standard, doing business only in gold or silver coin as part of the independent treasury act of 1846, which legally separated the accounts of the federal government from the banking system. however, the fixed rate of gold to silver overvalued silver in relation to the demand for gold to trade or borrow from england. following gresham's law, silver poured into the us, which traded with other silver nations, and gold moved out. in 1853, the us reduced the silver weight of coins to keep them in circulation, and 1857 removed legal tender status from foreign coinage. in 1857, the final crisis of the free banking era of international finance began, as american banks suspended payment in silver, rippling through the very young international financial system of central banks. in 1861, the us government suspended payment in gold and silver, effectively ending the attempts to form a silver standard basis for the dollar. through the 1860 – 1871 period, various attempts to resurrect bi - metallic standards were made, including one based on the gold and silver franc ; however, with the rapid influx of silver from new deposits, the expectation of scarcity of silver ended. the combination that produced economic stability was the restriction of the supply of new notes, a government monopoly on the issuance of notes directly and indirectly, a central bank, and a single unit of value. as notes devalued, or silver ceased to circulate as a store of value, or there was a depression, governments demanding specie as payment drained the circulating medium out of the economy. at the same time, there was a dramatically expanded need for credit, and large banks were being chartered in various states, including those in japan by 1872. the need for stability in monetary affairs would produce a rapid acceptance of the gold standard in the period that followed. the coinage act of 1873, enacted by the
Answer:
|
there was no agreemen
| 0.3 |
Penn sued Duke's Bar for injuries suffered in an automobile accident caused by Chase, who had been a patron of Duke's Bar. Penn claimed that Chase was permitted to drink too much liquor at Duke's Bar before the accidentWood, a patron of Duke's Bar, testified that on the night of the accident Chase was drunk. Wood then proposed to testify that he remarked to his companion, "Chase is so drunk he can't even stand up." Wood's remark to his companion is
0. admissible as an excited utterance.
1. admissible as a prior consistent statement.
2. admissible as a statement by Wood regarding a condition he observed, made while he was observing it.
3. inadmissible if there was no evidence that Wood had expertise in determining drunkenness.
water marks, and all walls, banks, and common sewers leading along by the soil of the said river from hermitage wharf to dickeshore [ duke shore ] in limehouse ; that the defendants had intruded on it by building wharves, houses, and docks on the shore, which belonged to the crown, and were a nuisance to the river. since these houses had stood there for many years — had been officially encouraged — this claim was unlikely to appeal to a jury, but the government's lawyers found ways of avoiding a jury trial. judges who disliked the government's legal case were pressured or dismissed. this sort of royal claim, repeated in other parts of the country, caused such resentment that it was mentioned in the grand remonstrance, leading up to the english civil war. = = = = fire risk = = = = after the great fire, london's building regulations required houses to be made of brick. but this area was declared exempt, because " it was believed they could not be built upon timber staves driven into the thames mud ". the result was described by robin pearson in insuring the industrial revolution : dwellings, workshops and warehouses were thrown up rapidly, with little regard to the quality or materials of construction or the goods and manufacturing processes they contained. they were squeezed between wharves, rope walks, tar and pitch boilers, sail cloth and turpentine factories, timber yards, cooperages and small docks along the lanes and alleys of st katherine's, wapping, shadwell, ratcliffe and limehouse... this became notorious to underwriters as the'waterside district '. by the 1760s some fire offices refused to insure anything within 100 yards of the river wall, or they quoted punitive premiums. boiling pitch and a saltpetre warehouse set off the great fire of ratcliff ( 1794 ) which burnt over 600 houses. wapping had 13 big fires, more than any other place in england. fire itself cured the problem, however, by gradually clearing out the risky premises. = = = = wapping inundations = = = = the reclaimed area lay below high water mark, so nothing but the wall stopped it from being overflowed twice a day. but freak tides could surmount it, and during the 19th century did so with increasing frequency. in 1834 a tide higher than had been known for 40 years did great damage not only in wapping but in shadwell, blackwall, rotherhit
2006. 01699. x. pmid 17298644. taylor, l., and s. oberman. drunk driving defense, 6th edition. new york : aspen law and business, 2006. isbn 978 - 0 - 7355 - 5429 - 0. = = external links = = estimated alcohol
" motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 933. " duty and liability of vehicle driver blinded by glare of lights ". american law reports - - annotated, 2nd series. vol. 22. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 292. " liability for killing or injuring, by motor vehicle, livestock or fowl on highway ". american law reports - - annotated, 4th series. vol. 55. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 822. r. j. h. ( january 1937 ). " the uniform motor vehicle act in virginia ". virginia law review. 23 ( 3 ) : 351 – 358. doi : 10. 2307 / 1067282. jstor 1067282. d. m. postlewaite ( 1935 ). " negligence - - doctrine of assured clear distance ahead - - statute as subjective test ". law journal of the student bar association of the ohio state university. 1 ( 3 ) : 284 – 287. hdl : 1811 / 72043. issn 0048 - 1572. thomas stanton ( july 1935 ). " negligence and contributory negligence per se : the " range of vision " and " blinding lights " rules in automobile accident cases ". california law review. 23 ( 5 ) : 498 – 506. doi : 10. 2307 / 3476106. jstor 3476106. myron l. garon ( autumn 1952 ). " recent developments in california's last clear chance doctrine ". california law review. 40 ( 3 ) : 404 – 411. doi : 10. 2307 / 3477930. jstor 3477930. murray carl lertzman ( 1954 ). " the assured clear distance ahead rule in ohio ". case western reserve law review. 5 ( 1 ) : 77 – 83. herbert a. bernhard ( december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 – 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r
and incapable " ). in some countries, there are special facilities, sometimes known as " drunk tanks ", for the temporary detention of persons found to be drunk. = = = religious views = = = some religious groups permit the consumption of alcohol ; some permit consumption but prohibit intoxication ; others prohibit any amount of alcohol consumption altogether. = = = = christianity = = = = most denominations of christianity, such as catholicism, orthodoxy and lutheranism, use wine as a part of the eucharist ( holy communion ) and permit its consumption, but consider it sinful to become intoxicated. romans 13 : 13 – 14, 1 corinthians 6 : 9 – 11, galatians 5 : 19 – 21 and ephesians 5 : 18 are among a number of other bible passages that speak against intoxication. some protestant christian denominations prohibit the consumption of alcohol based upon biblical passages that condemn drunkenness, but others allow a moderate rate of consumption. in the church of jesus christ of latter - day saints, alcohol consumption is forbidden, and teetotalism has become a distinguishing feature of its members. jehovah's witnesses allow moderate alcohol consumption among its members. = = = = islam = = = = in the quran, there is a prohibition on the consumption of grape - based alcoholic beverages, and intoxication is considered an abomination in the hadith of muhammad. the schools of thought of islamic jurisprudence have interpreted this as a strict prohibition of the consumption of all types of alcohol and declared it to be haram ( lit.'forbidden [ in islam ]'), although other uses may be permitted. = = = = buddhism = = = = in buddhism, in general, the consumption of intoxicants is discouraged for both monastics and lay followers. many buddhists observe a basic code of ethics known as the five precepts, of which the fifth precept is an undertaking to refrain from the consumption of intoxicating substances ( except for medical reasons ). in the bodhisattva vows of the brahmajala sutra, observed by mahayana buddhist communities, distribution of intoxicants is likewise discouraged, as well as consumption. = = = = hinduism = = = = in the gaudiya vaishnavism branch of hinduism, one of the four regulative principles forbids the taking of intoxicants, including alcohol. = = = = judaism = = = = in the bible, the book of proverbs contains several
to dismiss any worker, or any number of workers, for any reason at all. an individual, or a collective agreement, according to the general doctrine of freedom of contract could always stipulate that an employee should only be dismissed for a good reason, or a " just cause ", or that elected employee representatives would have a say on whether a dismissal should take effect. however, the position of the typical 19th - century worker meant that this was rare. the at - will practice is typically traced to a treatise published by horace gray wood in 1877, called master and servant. wood cited four u. s. cases as authority for his rule that when a hiring was indefinite, the burden of proof was on the servant to prove that an indefinite employment term was for one year. in toussaint v. blue cross & blue shield of michigan, the court noted that " wood's rule was quickly cited as authority for another proposition. " wood, however, misinterpreted two of the cases which in fact showed that in massachusetts and michigan, at least, the rule was that employees should have notice before dismissal according to the periods of their contract. in new york, the first case to adopt wood's rule was martin v. new york life insurance company ( 1895 ). justice edward t. bartlett wrote that new york law now followed wood's treatise, which meant that an employee who received $ 10, 000, paid in a salary over a year, could be dismissed immediately. the case did not make reference to the previous authority. four years earlier, adams v. fitzpatrick ( 1891 ) had held that new york law followed the general practice of requiring notice similar to pay periods. however, subsequent new york cases continued to follow the at - will rule into the early 20th century. some courts saw the rule as requiring the employee to prove an express contract for a definite term in order to maintain an action based on termination of the employment. thus was born the u. s. at - will employment rule, which allowed discharge for no reason. this rule was adopted by all u. s. states. in 1959, the first judicial exception to the at - will rule was created by one of the california courts of appeal. later, in a 1980 landmark case involving arco, the supreme court of california endorsed the rule first articulated by the court of appeal. the resulting civil actions by employees are now known in california as tameny actions for wrongful termination in violation of public policy. since 1959, several common law and statutory exceptions to at
Answer:
|
admissible as a statement by Wood regarding a condition he observed, made while he was observing it.
| null |
Penn sued Duke's Bar for injuries suffered in an automobile accident caused by Chase, who had been a patron of Duke's Bar. Penn claimed that Chase was permitted to drink too much liquor at Duke's Bar before the accidentWood, a patron of Duke's Bar, testified that on the night of the accident Chase was drunk. Wood then proposed to testify that he remarked to his companion, "Chase is so drunk he can't even stand up." Wood's remark to his companion is
0. admissible as an excited utterance.
1. admissible as a prior consistent statement.
2. admissible as a statement by Wood regarding a condition he observed, made while he was observing it.
3. inadmissible if there was no evidence that Wood had expertise in determining drunkenness.
water marks, and all walls, banks, and common sewers leading along by the soil of the said river from hermitage wharf to dickeshore [ duke shore ] in limehouse ; that the defendants had intruded on it by building wharves, houses, and docks on the shore, which belonged to the crown, and were a nuisance to the river. since these houses had stood there for many years — had been officially encouraged — this claim was unlikely to appeal to a jury, but the government's lawyers found ways of avoiding a jury trial. judges who disliked the government's legal case were pressured or dismissed. this sort of royal claim, repeated in other parts of the country, caused such resentment that it was mentioned in the grand remonstrance, leading up to the english civil war. = = = = fire risk = = = = after the great fire, london's building regulations required houses to be made of brick. but this area was declared exempt, because " it was believed they could not be built upon timber staves driven into the thames mud ". the result was described by robin pearson in insuring the industrial revolution : dwellings, workshops and warehouses were thrown up rapidly, with little regard to the quality or materials of construction or the goods and manufacturing processes they contained. they were squeezed between wharves, rope walks, tar and pitch boilers, sail cloth and turpentine factories, timber yards, cooperages and small docks along the lanes and alleys of st katherine's, wapping, shadwell, ratcliffe and limehouse... this became notorious to underwriters as the'waterside district '. by the 1760s some fire offices refused to insure anything within 100 yards of the river wall, or they quoted punitive premiums. boiling pitch and a saltpetre warehouse set off the great fire of ratcliff ( 1794 ) which burnt over 600 houses. wapping had 13 big fires, more than any other place in england. fire itself cured the problem, however, by gradually clearing out the risky premises. = = = = wapping inundations = = = = the reclaimed area lay below high water mark, so nothing but the wall stopped it from being overflowed twice a day. but freak tides could surmount it, and during the 19th century did so with increasing frequency. in 1834 a tide higher than had been known for 40 years did great damage not only in wapping but in shadwell, blackwall, rotherhit
2006. 01699. x. pmid 17298644. taylor, l., and s. oberman. drunk driving defense, 6th edition. new york : aspen law and business, 2006. isbn 978 - 0 - 7355 - 5429 - 0. = = external links = = estimated alcohol
" motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 933. " duty and liability of vehicle driver blinded by glare of lights ". american law reports - - annotated, 2nd series. vol. 22. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 292. " liability for killing or injuring, by motor vehicle, livestock or fowl on highway ". american law reports - - annotated, 4th series. vol. 55. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 822. r. j. h. ( january 1937 ). " the uniform motor vehicle act in virginia ". virginia law review. 23 ( 3 ) : 351 – 358. doi : 10. 2307 / 1067282. jstor 1067282. d. m. postlewaite ( 1935 ). " negligence - - doctrine of assured clear distance ahead - - statute as subjective test ". law journal of the student bar association of the ohio state university. 1 ( 3 ) : 284 – 287. hdl : 1811 / 72043. issn 0048 - 1572. thomas stanton ( july 1935 ). " negligence and contributory negligence per se : the " range of vision " and " blinding lights " rules in automobile accident cases ". california law review. 23 ( 5 ) : 498 – 506. doi : 10. 2307 / 3476106. jstor 3476106. myron l. garon ( autumn 1952 ). " recent developments in california's last clear chance doctrine ". california law review. 40 ( 3 ) : 404 – 411. doi : 10. 2307 / 3477930. jstor 3477930. murray carl lertzman ( 1954 ). " the assured clear distance ahead rule in ohio ". case western reserve law review. 5 ( 1 ) : 77 – 83. herbert a. bernhard ( december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 – 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r
and incapable " ). in some countries, there are special facilities, sometimes known as " drunk tanks ", for the temporary detention of persons found to be drunk. = = = religious views = = = some religious groups permit the consumption of alcohol ; some permit consumption but prohibit intoxication ; others prohibit any amount of alcohol consumption altogether. = = = = christianity = = = = most denominations of christianity, such as catholicism, orthodoxy and lutheranism, use wine as a part of the eucharist ( holy communion ) and permit its consumption, but consider it sinful to become intoxicated. romans 13 : 13 – 14, 1 corinthians 6 : 9 – 11, galatians 5 : 19 – 21 and ephesians 5 : 18 are among a number of other bible passages that speak against intoxication. some protestant christian denominations prohibit the consumption of alcohol based upon biblical passages that condemn drunkenness, but others allow a moderate rate of consumption. in the church of jesus christ of latter - day saints, alcohol consumption is forbidden, and teetotalism has become a distinguishing feature of its members. jehovah's witnesses allow moderate alcohol consumption among its members. = = = = islam = = = = in the quran, there is a prohibition on the consumption of grape - based alcoholic beverages, and intoxication is considered an abomination in the hadith of muhammad. the schools of thought of islamic jurisprudence have interpreted this as a strict prohibition of the consumption of all types of alcohol and declared it to be haram ( lit.'forbidden [ in islam ]'), although other uses may be permitted. = = = = buddhism = = = = in buddhism, in general, the consumption of intoxicants is discouraged for both monastics and lay followers. many buddhists observe a basic code of ethics known as the five precepts, of which the fifth precept is an undertaking to refrain from the consumption of intoxicating substances ( except for medical reasons ). in the bodhisattva vows of the brahmajala sutra, observed by mahayana buddhist communities, distribution of intoxicants is likewise discouraged, as well as consumption. = = = = hinduism = = = = in the gaudiya vaishnavism branch of hinduism, one of the four regulative principles forbids the taking of intoxicants, including alcohol. = = = = judaism = = = = in the bible, the book of proverbs contains several
to dismiss any worker, or any number of workers, for any reason at all. an individual, or a collective agreement, according to the general doctrine of freedom of contract could always stipulate that an employee should only be dismissed for a good reason, or a " just cause ", or that elected employee representatives would have a say on whether a dismissal should take effect. however, the position of the typical 19th - century worker meant that this was rare. the at - will practice is typically traced to a treatise published by horace gray wood in 1877, called master and servant. wood cited four u. s. cases as authority for his rule that when a hiring was indefinite, the burden of proof was on the servant to prove that an indefinite employment term was for one year. in toussaint v. blue cross & blue shield of michigan, the court noted that " wood's rule was quickly cited as authority for another proposition. " wood, however, misinterpreted two of the cases which in fact showed that in massachusetts and michigan, at least, the rule was that employees should have notice before dismissal according to the periods of their contract. in new york, the first case to adopt wood's rule was martin v. new york life insurance company ( 1895 ). justice edward t. bartlett wrote that new york law now followed wood's treatise, which meant that an employee who received $ 10, 000, paid in a salary over a year, could be dismissed immediately. the case did not make reference to the previous authority. four years earlier, adams v. fitzpatrick ( 1891 ) had held that new york law followed the general practice of requiring notice similar to pay periods. however, subsequent new york cases continued to follow the at - will rule into the early 20th century. some courts saw the rule as requiring the employee to prove an express contract for a definite term in order to maintain an action based on termination of the employment. thus was born the u. s. at - will employment rule, which allowed discharge for no reason. this rule was adopted by all u. s. states. in 1959, the first judicial exception to the at - will rule was created by one of the california courts of appeal. later, in a 1980 landmark case involving arco, the supreme court of california endorsed the rule first articulated by the court of appeal. the resulting civil actions by employees are now known in california as tameny actions for wrongful termination in violation of public policy. since 1959, several common law and statutory exceptions to at
Answer:
|
admissible as an excited utterance.
| 0.3 |
Penn sued Duke's Bar for injuries suffered in an automobile accident caused by Chase, who had been a patron of Duke's Bar. Penn claimed that Chase was permitted to drink too much liquor at Duke's Bar before the accidentDuke's Bar called Chase to testify and expected him to say that he was sober when he left Duke's Bar; however, on direct examination Chase testified that he may have had a little too much to drink at Duke's Bar. Duke's Bar now seeks to confront Chase with his statement made on deposition that he was sober when he left Duke's Bar. Which of the following is true concerning this statement?
0. It may be used only to refresh Chase's recollection.
1. It is admissible for impeachment and as substantive evidence that Chase was sober.
2. It is inadmissible, because Duke's Bar cannot impeach its own witness.
3. It is inadmissible, because it is hearsay, not within any exception
than is available or necessary, resulting in a higher rate of acquittal when such evidence is absent ; and second, that jurors have greater confidence in forensic and particularly dna evidence than is warranted, resulting in a higher rate of conviction when such evidence is present. while these and other effects may be caused by crime shows, the most commonly reported effect is that jurors are wrongly acquitting defendants despite overwhelming evidence of guilt. in particular, prosecutors have reported feeling pressured to provide dna evidence even when eyewitness testimony is available. in fact, in a study of 444 prosecutors, 56 % believed the csi effect to almost always or always influence juries, and 81 % believed the csi effect to influence judges. in one highly publicized incident, los angeles county, california district attorney steve cooley blamed actor robert blake's acquittal on murder charges on the csi effect. cooley noted that the " not guilty " verdict came despite two witness accounts of blake's guilt, and claimed that the jury members were " incredibly stupid ". by 2005, some judges and prosecutors had begun altering their trial preparations and procedures in an attempt to counter the csi effect. some ask questions about crime drama television viewership during voir dire to target biased jurors. for example, in charles and drake v. state ( 2010 ), the defendants were convicted of second degree murder, and during voir dire, the judge presented a question about the csi effect. in this case, the maryland appellate court ruled the csi effect voir dire question inappropriate due to its biased language and use of the term " convict " without mention of acquittal. prosecutors have also used opening statements and closing arguments to minimize the possible impact of the csi effect. in goff v. state ( 2009 ), the prosecutor asked jurors during voir dire about their ability to render a verdict without scientific evidence, and then reminded them during closing arguments about this question. in this case, the mention of the csi effect was considered acceptable because the language used was neutral and unbiased. additionally, jury instructions have also been used as a means of informing jurors about the csi effect. in atkins v. state ( 2011 ), the jury was instructed that scientific evidence is not necessary for a case to be valid. the court ruled that this jury instruction regarding scientific evidence was improper because the state was not held to its burden of proof. furthermore, prosecutors have hired expert witnesses to explain why particular forms of physical evidence are not relevant to their cases. in
transparency in asbestos bankruptcy trust claims. the same year oklahoma passed a similar law called the personal injury trust fund transparency act. this law applies to all personal injury trusts. it requires plaintiffs to disclose all previously filed and anticipated trust claims for personal injuries within 90 days of filing a personal injury tort but not until at least 180 days before the assigned court date. if the plaintiff anticipates filing a trust claim all proceedings are stayed until their filing is complete. filing new claims or amending claims after the initial disclosure triggers a new disclosure requirement. the law also allows defendants to stay proceedings by showing that the plaintiff could make a good faith filing with a trust. the law gives plaintiffs ten days to either file such a claim or show that it would probably be unsuccessful. in south carolina in 2015, state senator shane massey introduced senate bill 281, " the court transparency act. " s. 281 would prohibit the state of south carolina from hiring outside lawyers. similar bills have been passed into law by 18 states. the bill would also prevent juries from awarding damages that exceed actual out of pocket costs incurred by plaintiffs. in june 2015, texas governor greg abbott signed texas house bill 1492 into law. the law was written to end so - called asbestos " double dipping " in texas. this law requires asbestos victims to perform more actions before proceeding to trial, and lowers the standard of proof of asbestos exposure for manufacturers to shift the blame onto other bankrupt companies. a year earlier, wisconsin governor scott walker signed a similar bill into law. in june 2016, president obama signed into law the frank r. lautenburg chemical safety for the 21st century act ( h. r. 2576 ). it serves to reform the tsca of 1976 and aims to make federal safety regulations on toxic substances and chemicals effective. in 2017, iowa, mississippi, north dakota, and south dakota all passed asbestos trust claims transparency laws. = = abatement = = asbestos abatement ( removal of asbestos ) has become a thriving industry in the united states. strict removal and disposal laws have been enacted to protect the public from airborne asbestos. the clean air act requires that asbestos be wetted during removal and strictly contained, and that workers wear safety gear and masks. the federal government has prosecuted dozens of violations of the act and violations of racketeer influenced and corrupt organizations act ( rico ) related to the operations. often these involve contractors who hire undocumented workers without proper training or protection to illegally remove asbestos. w. r. grace and company faces fines of up to $ 280
place a lower value on circumstantial evidence, but their viewership had no influence on their evaluation of eyewitness testimony or their tendency to convict in cases with multiple types of evidence. many stories about the csi effect assume that there has been an increase in acquittal rates, though this is often based entirely on anecdotal evidence. a 2009 study of conviction statistics in eight states found that, contrary to the opinions of criminal prosecutors, the acquittal rate has decreased in the years since the debut of csi. the outcome of any given trial is much more strongly dependent on the state in which it took place, rather than whether it occurred before or after the csi premiere. a 2010 study by the university of wisconsin – milwaukee suggests that, while there may be a correlation between crime show viewership and a perceived understanding of dna evidence, there was no evidence that such viewership affected jury decision making. as of august 2010, no empirical evidence has demonstrated a correlation between csi viewership and acquittal rates. one researcher suggested that the perception of a csi effect — and of other courtroom effects, such as perry mason syndrome and white coat syndrome — is caused not by the incompetence of jury members, but by a general distrust of the jury system as a whole. = = = academia = = = the csi effect has influenced the manner in which forensic scientists are educated and trained. in the past, those who sought to enter the field of forensics typically earned an undergraduate degree in a science, followed by a master's degree. however, the popularity of programs such as csi has caused an increase in the demand for undergraduate courses and graduate programs in forensic science. in 2004, the forensics programs at florida international university and the university of california, davis, doubled in size, reportedly as a result of the csi effect. however, many students enter such programs with unrealistic expectations. vocational interest in forensic science has proliferated among students in countries besides the united states, including australia, the united kingdom, and germany. the increased popularity of the forensic science program at the university of lausanne in switzerland has also been attributed to the csi effect. although the increased popularity of forensics programs means there are more applicants for jobs at crime labs, there is some concern that these courses do not adequately prepare students for real forensics work, : 602 as graduates often lack a firm grasp of basic scientific principles that would come from a science degree. many forensics students are presented with streamlined exercises with overly clear answers, which may
insanity defense. the defendant's ability to control himself or herself was no longer a consideration. the act also curbed the scope of expert psychiatric testimony and adopted stricter procedures regarding the hospitalization and release of those found not guilty by reason of insanity. those acquitted of a federal offense by reason of insanity have not been able to challenge their psychiatric confinement through a writ of habeas corpus or other remedies. in archuleta v. hedrick, 365 f. 3d 644 ( 8th cir. 2004 ), the u. s. court of appeals for the eighth circuit the court ruled persons found not guilty by reason of insanity and later want to challenge their confinement may not attack their initial successful insanity defense : the appellate court affirmed the lower court's judgment : " having thus elected to make himself a member of that'exceptional class'of persons who seek verdicts of not guilty by reason of insanity... he cannot now be heard to complain of the statutory consequences of his election. " the court held that no direct attack upon the final judgment of acquittal by reason of insanity was possible. it also held that the collateral attack that he was not informed that a possible alternative to his commitment was to ask for a new trial was not a meaningful alternative. = = = = = guilty but mentally ill = = = = = as an alternative to the insanity defense, some jurisdictions permit a defendant to plead guilty but mentally ill. a defendant who is found guilty but mentally ill may be sentenced to mental health treatment, at the conclusion of which the defendant will serve the remainder of their sentence in the same manner as any other defendant. = = = = burden of proof = = = = in a majority of states, the burden of proving insanity is placed on the defendant, who must prove insanity by a preponderance of the evidence. in a minority of states, the burden is placed on the prosecution, who must prove sanity beyond reasonable doubt. in federal court the burden is placed on the defendant, who must prove insanity by clear and convincing evidence. see 18 u. s. c. s. sec. 17 ( b ) ; see also a. r. s. sec. 13 - 502 ( c ). = = = = controversy = = = = the insanity plea is used in the u. s. criminal justice system in less than 1 % of all criminal cases. little is known about the criminal justice system and the mentally ill : [ t ] here is no definitive study regarding the percentage of people with
the same charges, and his rights to an expedited hearing were allegedly denied while a suspension was in place. on may 15, 2001, the california medical association filed an amicus curiae brief to emphasize legal protections meant to prevent physicians being arbitrarily excluded from access to healthcare facilities based on mechanisms such as summary suspension without a speedy hearing. this case was decided on april 18, 2005. the court ruled that the hearing officer in the case could indeed terminate the physician's peer review hearing based on grounds that the physician refused to cooperate on procedural and other matters necessary for the good conduct of the proceedings. thus, the physician lost his membership and privileges at the hospital. ironically, the same physician was brought into a peer review hearing at another facility a short time later. the hearing officer in that case also terminated the proceedings, this time due to the physician's failure to turn over certain evidence for use in the hearing. the physician challenged the termination through the court system arguing, contrary to the tenet appellate court ruling, that california's peer review statutes never intended the hearing officer in peer review hearings to have such powers of termination. the california supreme court reviewed the case and agreed in april 2009. the high court ruled, among other things, that peer review hearing officers must defer the question of termination to the panel of physicians who sit in judgment of each peer review hearing. = = = roland chalifoux = = = roland chalifoux, member of an advocacy organisation called the semmelweis society, had his medical license revoked in texas in 2004 after numerous incidents including the death of a patient. the texas state board of medical examiners stated that chalifoux's practices " constitute such a deviation from the standard of care that revocation of his license is the only sanction that will adequately protect the public ". chalifoux subsequently secured permission to practice in west virginia, and alleges that the texas board's actions constitute sham peer review. = = = charles williams, md = = = six years after charles williams, md, an anesthesiologist was summarily suspended by university medical center of southern nevada, a federal jury in las vegas awarded dr. williams $ 8. 8 million as compensation for the due process violations he experienced in his sham peer review. before the trial, which began may 16, u. s. district judge philip pro made a finding that ellerton and umc's medical staff had violated williams'due process rights. that left
Answer:
|
It is admissible for impeachment and as substantive evidence that Chase was sober.
| null |
Penn sued Duke's Bar for injuries suffered in an automobile accident caused by Chase, who had been a patron of Duke's Bar. Penn claimed that Chase was permitted to drink too much liquor at Duke's Bar before the accidentDuke's Bar called Chase to testify and expected him to say that he was sober when he left Duke's Bar; however, on direct examination Chase testified that he may have had a little too much to drink at Duke's Bar. Duke's Bar now seeks to confront Chase with his statement made on deposition that he was sober when he left Duke's Bar. Which of the following is true concerning this statement?
0. It may be used only to refresh Chase's recollection.
1. It is admissible for impeachment and as substantive evidence that Chase was sober.
2. It is inadmissible, because Duke's Bar cannot impeach its own witness.
3. It is inadmissible, because it is hearsay, not within any exception
than is available or necessary, resulting in a higher rate of acquittal when such evidence is absent ; and second, that jurors have greater confidence in forensic and particularly dna evidence than is warranted, resulting in a higher rate of conviction when such evidence is present. while these and other effects may be caused by crime shows, the most commonly reported effect is that jurors are wrongly acquitting defendants despite overwhelming evidence of guilt. in particular, prosecutors have reported feeling pressured to provide dna evidence even when eyewitness testimony is available. in fact, in a study of 444 prosecutors, 56 % believed the csi effect to almost always or always influence juries, and 81 % believed the csi effect to influence judges. in one highly publicized incident, los angeles county, california district attorney steve cooley blamed actor robert blake's acquittal on murder charges on the csi effect. cooley noted that the " not guilty " verdict came despite two witness accounts of blake's guilt, and claimed that the jury members were " incredibly stupid ". by 2005, some judges and prosecutors had begun altering their trial preparations and procedures in an attempt to counter the csi effect. some ask questions about crime drama television viewership during voir dire to target biased jurors. for example, in charles and drake v. state ( 2010 ), the defendants were convicted of second degree murder, and during voir dire, the judge presented a question about the csi effect. in this case, the maryland appellate court ruled the csi effect voir dire question inappropriate due to its biased language and use of the term " convict " without mention of acquittal. prosecutors have also used opening statements and closing arguments to minimize the possible impact of the csi effect. in goff v. state ( 2009 ), the prosecutor asked jurors during voir dire about their ability to render a verdict without scientific evidence, and then reminded them during closing arguments about this question. in this case, the mention of the csi effect was considered acceptable because the language used was neutral and unbiased. additionally, jury instructions have also been used as a means of informing jurors about the csi effect. in atkins v. state ( 2011 ), the jury was instructed that scientific evidence is not necessary for a case to be valid. the court ruled that this jury instruction regarding scientific evidence was improper because the state was not held to its burden of proof. furthermore, prosecutors have hired expert witnesses to explain why particular forms of physical evidence are not relevant to their cases. in
transparency in asbestos bankruptcy trust claims. the same year oklahoma passed a similar law called the personal injury trust fund transparency act. this law applies to all personal injury trusts. it requires plaintiffs to disclose all previously filed and anticipated trust claims for personal injuries within 90 days of filing a personal injury tort but not until at least 180 days before the assigned court date. if the plaintiff anticipates filing a trust claim all proceedings are stayed until their filing is complete. filing new claims or amending claims after the initial disclosure triggers a new disclosure requirement. the law also allows defendants to stay proceedings by showing that the plaintiff could make a good faith filing with a trust. the law gives plaintiffs ten days to either file such a claim or show that it would probably be unsuccessful. in south carolina in 2015, state senator shane massey introduced senate bill 281, " the court transparency act. " s. 281 would prohibit the state of south carolina from hiring outside lawyers. similar bills have been passed into law by 18 states. the bill would also prevent juries from awarding damages that exceed actual out of pocket costs incurred by plaintiffs. in june 2015, texas governor greg abbott signed texas house bill 1492 into law. the law was written to end so - called asbestos " double dipping " in texas. this law requires asbestos victims to perform more actions before proceeding to trial, and lowers the standard of proof of asbestos exposure for manufacturers to shift the blame onto other bankrupt companies. a year earlier, wisconsin governor scott walker signed a similar bill into law. in june 2016, president obama signed into law the frank r. lautenburg chemical safety for the 21st century act ( h. r. 2576 ). it serves to reform the tsca of 1976 and aims to make federal safety regulations on toxic substances and chemicals effective. in 2017, iowa, mississippi, north dakota, and south dakota all passed asbestos trust claims transparency laws. = = abatement = = asbestos abatement ( removal of asbestos ) has become a thriving industry in the united states. strict removal and disposal laws have been enacted to protect the public from airborne asbestos. the clean air act requires that asbestos be wetted during removal and strictly contained, and that workers wear safety gear and masks. the federal government has prosecuted dozens of violations of the act and violations of racketeer influenced and corrupt organizations act ( rico ) related to the operations. often these involve contractors who hire undocumented workers without proper training or protection to illegally remove asbestos. w. r. grace and company faces fines of up to $ 280
place a lower value on circumstantial evidence, but their viewership had no influence on their evaluation of eyewitness testimony or their tendency to convict in cases with multiple types of evidence. many stories about the csi effect assume that there has been an increase in acquittal rates, though this is often based entirely on anecdotal evidence. a 2009 study of conviction statistics in eight states found that, contrary to the opinions of criminal prosecutors, the acquittal rate has decreased in the years since the debut of csi. the outcome of any given trial is much more strongly dependent on the state in which it took place, rather than whether it occurred before or after the csi premiere. a 2010 study by the university of wisconsin – milwaukee suggests that, while there may be a correlation between crime show viewership and a perceived understanding of dna evidence, there was no evidence that such viewership affected jury decision making. as of august 2010, no empirical evidence has demonstrated a correlation between csi viewership and acquittal rates. one researcher suggested that the perception of a csi effect — and of other courtroom effects, such as perry mason syndrome and white coat syndrome — is caused not by the incompetence of jury members, but by a general distrust of the jury system as a whole. = = = academia = = = the csi effect has influenced the manner in which forensic scientists are educated and trained. in the past, those who sought to enter the field of forensics typically earned an undergraduate degree in a science, followed by a master's degree. however, the popularity of programs such as csi has caused an increase in the demand for undergraduate courses and graduate programs in forensic science. in 2004, the forensics programs at florida international university and the university of california, davis, doubled in size, reportedly as a result of the csi effect. however, many students enter such programs with unrealistic expectations. vocational interest in forensic science has proliferated among students in countries besides the united states, including australia, the united kingdom, and germany. the increased popularity of the forensic science program at the university of lausanne in switzerland has also been attributed to the csi effect. although the increased popularity of forensics programs means there are more applicants for jobs at crime labs, there is some concern that these courses do not adequately prepare students for real forensics work, : 602 as graduates often lack a firm grasp of basic scientific principles that would come from a science degree. many forensics students are presented with streamlined exercises with overly clear answers, which may
insanity defense. the defendant's ability to control himself or herself was no longer a consideration. the act also curbed the scope of expert psychiatric testimony and adopted stricter procedures regarding the hospitalization and release of those found not guilty by reason of insanity. those acquitted of a federal offense by reason of insanity have not been able to challenge their psychiatric confinement through a writ of habeas corpus or other remedies. in archuleta v. hedrick, 365 f. 3d 644 ( 8th cir. 2004 ), the u. s. court of appeals for the eighth circuit the court ruled persons found not guilty by reason of insanity and later want to challenge their confinement may not attack their initial successful insanity defense : the appellate court affirmed the lower court's judgment : " having thus elected to make himself a member of that'exceptional class'of persons who seek verdicts of not guilty by reason of insanity... he cannot now be heard to complain of the statutory consequences of his election. " the court held that no direct attack upon the final judgment of acquittal by reason of insanity was possible. it also held that the collateral attack that he was not informed that a possible alternative to his commitment was to ask for a new trial was not a meaningful alternative. = = = = = guilty but mentally ill = = = = = as an alternative to the insanity defense, some jurisdictions permit a defendant to plead guilty but mentally ill. a defendant who is found guilty but mentally ill may be sentenced to mental health treatment, at the conclusion of which the defendant will serve the remainder of their sentence in the same manner as any other defendant. = = = = burden of proof = = = = in a majority of states, the burden of proving insanity is placed on the defendant, who must prove insanity by a preponderance of the evidence. in a minority of states, the burden is placed on the prosecution, who must prove sanity beyond reasonable doubt. in federal court the burden is placed on the defendant, who must prove insanity by clear and convincing evidence. see 18 u. s. c. s. sec. 17 ( b ) ; see also a. r. s. sec. 13 - 502 ( c ). = = = = controversy = = = = the insanity plea is used in the u. s. criminal justice system in less than 1 % of all criminal cases. little is known about the criminal justice system and the mentally ill : [ t ] here is no definitive study regarding the percentage of people with
the same charges, and his rights to an expedited hearing were allegedly denied while a suspension was in place. on may 15, 2001, the california medical association filed an amicus curiae brief to emphasize legal protections meant to prevent physicians being arbitrarily excluded from access to healthcare facilities based on mechanisms such as summary suspension without a speedy hearing. this case was decided on april 18, 2005. the court ruled that the hearing officer in the case could indeed terminate the physician's peer review hearing based on grounds that the physician refused to cooperate on procedural and other matters necessary for the good conduct of the proceedings. thus, the physician lost his membership and privileges at the hospital. ironically, the same physician was brought into a peer review hearing at another facility a short time later. the hearing officer in that case also terminated the proceedings, this time due to the physician's failure to turn over certain evidence for use in the hearing. the physician challenged the termination through the court system arguing, contrary to the tenet appellate court ruling, that california's peer review statutes never intended the hearing officer in peer review hearings to have such powers of termination. the california supreme court reviewed the case and agreed in april 2009. the high court ruled, among other things, that peer review hearing officers must defer the question of termination to the panel of physicians who sit in judgment of each peer review hearing. = = = roland chalifoux = = = roland chalifoux, member of an advocacy organisation called the semmelweis society, had his medical license revoked in texas in 2004 after numerous incidents including the death of a patient. the texas state board of medical examiners stated that chalifoux's practices " constitute such a deviation from the standard of care that revocation of his license is the only sanction that will adequately protect the public ". chalifoux subsequently secured permission to practice in west virginia, and alleges that the texas board's actions constitute sham peer review. = = = charles williams, md = = = six years after charles williams, md, an anesthesiologist was summarily suspended by university medical center of southern nevada, a federal jury in las vegas awarded dr. williams $ 8. 8 million as compensation for the due process violations he experienced in his sham peer review. before the trial, which began may 16, u. s. district judge philip pro made a finding that ellerton and umc's medical staff had violated williams'due process rights. that left
Answer:
|
It may be used only to refresh Chase's recollection.
| 0.3 |
Penn sued Duke's Bar for injuries suffered in an automobile accident caused by Chase, who had been a patron of Duke's Bar. Penn claimed that Chase was permitted to drink too much liquor at Duke's Bar before the accidentPenn offered evidence that, after the accident, the manager of Duke's Bar established house rules limiting all customers to two drinks per hour, with a maximum limit of four drinks per night. This evidence is
0. admissible to show that the prior conduct of Duke's Bar was negligent.
1. admissible to show that Duke's Bar was aware of the need for taking precautionary measures.
2. inadmissible, because subsequent measures by an employee are not binding on Duke's Bar.
3. inadmissible, because its admission would discourage the taking of such remedial measures
a bbc investigation revealed that buckfast tonic wine had been mentioned in 5, 638 crime reports in the strathclyde area of scotland from 2006 to 2009, equating to an average of three per day. in 2017, scottish police reported there had been 6, 500 crimes related to the drink in the previous two years. = = = united states = = = the adverse effects of caffeinated alcoholic drinks have led to increased regulation. under the federal food, drug, and cosmetic act, a substance intentionally added to food ( such as caffeine in alcoholic drinks ) is deemed " unsafe " and is unlawful unless its particular use has been approved by fda ( food and drug administration ) regulation. the substance is subject to a prior sanction until the substance is generally regarded as safe ( gras ). in order for a substance to be characterized as gras, there must be sufficient evidence to prove its safety ; this evidence should be generally known and accepted by qualified professionals. the fda did not approve the use of caffeine in alcoholic drinks, and thus the drinks cannot be legally marketed. as a result, the fda sent letters to four manufacturers of caffeinated alcoholic drinks ( phusion projects, charge beverages corporation, new century brewing company, and united brands company, inc. ) to alert them that the agency would be considering whether caffeine can lawfully be added to alcoholic drinks. these letters also gave the manufacturers fifteen days to stop the addition of caffeine to the alcoholic drinks or to stop selling the drinks altogether. the federal trade commission ( ftc ) also took action against the four companies, warning that their marketing tactics might violate federal law and urging them to take swift and appropriate steps to protect consumers. cdc recommends against the combination of alcohol and caffeine. the dietary guidelines for americans recommend avoidance of concomitant consumption of alcohol and caffeine, as this may lead to increased alcohol consumption, with a higher risk of alcohol - associated injury. in 2009, the fda required several manufacturers to remove caffeine from their alcopops including city brewing of la crosse, wisc. which makes hard wired and 24 / 7 ; gaamm imports inc., of deerfield beach, fla. which makes booya espresso silver tequila and caffeine, and united brands co., maker of joose, max vibe, max fury, max live and 3sum. anheuser - busch and miller have stopped making their caffeinated alcoholic drinks, tilt, bud extra and
2006. 01699. x. pmid 17298644. taylor, l., and s. oberman. drunk driving defense, 6th edition. new york : aspen law and business, 2006. isbn 978 - 0 - 7355 - 5429 - 0. = = external links = = estimated alcohol
period. the court has a wide discretion in terms of the order or orders that can be made on the hearing of the petition. however, if, for whatever reason the court forms the view that the company does not have a reasonable prospect of survival, it must refuse to grant the petition and it must withdraw the court's protection. the court may order the immediate appointment of a liquidator in such circumstances. if the court is satisfied that there us a reasonable prospect of survival of the company and all or part of its undertaking it may exercise its discretion to appoint an examiner. the court will consider issues such as whether there has been full disclosure by the applicant, the conduct of the directors and, the impact on employees in exercising its discretion in this regard. = = = the effect of court protection = = = as indicated above, from the time of presentation of the petition in the court office, the company is under the protection of the court. : 1 from the commencement of the protection period, the company is effectively immune from creditor action. : 25 this prohibition is subject only to a party's ( usually a bank's ) entitlement to exercise a right of set - off and therefore, absent agreement from the bank not to exercise that right, it is advisable that the company opens a separate trading account for the protection period. unless recommended by the independent report or otherwise approved by the court on application by the examiner, the company cannot discharge any liabilities incurred prior to the presentation of the petition. : 1362 typically, the independent accountant's report will recommend payment of any arrears of wages to employees together with any suppliers or trade creditors that are essential for the survival of the company during the protection period. = = = the period of court protection = = = the period of court protection is 70 days : 1344 plus a discretionary 30 days : 1369 ) which may be granted on application to the high court. meetings of creditors and shareholders to consider any scheme of arrangement must be held within 35 days ( or within a longer period on application to the high court ) from the date of appointment of an examiner. : 1373 in practice, the meetings of creditors and shareholders rarely take place within the first 35 days of the protection period and the examiner usually applies to the high court for an extension of time in which to file his report. that period can be extended beyond the initial 70 - day period ( to a maximum of 100 days from the date of presentation of the petition ) if the examiner demonstrates to the court that
large. = = = = = durham / new hampshire test = = = = = the strict m'naghten standard for the insanity defense was widely used until the 1950s and the case of durham v. united states case. in the durham case, the court ruled that a defendant is entitled to acquittal if the crime was the product of their mental illness ( i. e., crime would not have been committed but for the disease ). the durham rule, also called the product test, is broader than either the m'naghten test or the irresistible impulse test. the test has more lenient guidelines for the insanity defense, but it addressed the issue of convicting mentally ill defendants, which was allowed under the m'naghten rule. however, the durham standard drew much criticism because of its expansive definition of legal insanity. it was abandoned in the 1970s, after the case of united states v. brawner ( 1972 ). = = = = = model penal code test = = = = = the model penal code, published by the american law institute, provides the ali rule - a standard for legal insanity that serves as a compromise between the strict m'naghten rule, the lenient durham ruling, and the irresistible impulse test. under the mpc standard, which represents the modern trend, a defendant is not responsible for criminal conduct " if at the time of such conduct as a result of mental disease or defect he lacks substantial capacity either to appreciate the criminality of their conduct or to conform their conduct to the requirements of the law. " the test thus takes into account both the cognitive and volitional capacity of insanity. = = = = = federal courts = = = = = after the perpetrator of president reagan's assassination attempt was found not guilty by reason of insanity, congress passed the insanity defense reform act of 1984. under this act, the burden of proof was shifted from the prosecution to the defense and the standard of evidence in federal trials was increased from a preponderance of evidence to clear and convincing evidence. the ali test was discarded in favor of a new test that more closely resembled m'naghten's. under this new test only perpetrators suffering from severe mental illnesses at the time of the crime could successfully employ the insanity defense. the defendant's ability to control himself or herself was no longer a consideration. the act also curbed the scope of expert psychiatric testimony and adopted stricter procedures regarding the hospitalization and release of those found not guilty by reason of insanity
particular for unsupervised recreational activity. a study in the province of ontario based on epidemiological data from 1986, 1989, 1992, and 1995 states that 79. 2 % of the 2, 154 catastrophic injuries recorded for the study were preventable, of which 346 ( 17 % ) involved alcohol consumption. the activities most commonly associated with alcohol - related catastrophic injury were snowmobiling ( 124 ), fishing ( 41 ), diving ( 40 ), boating ( 31 ) and canoeing ( 7 ), swimming ( 31 ), riding an all - terrain vehicle ( 24 ), and cycling ( 23 ). these events are often associated with unsupervised young males, often inexperienced in the activity, and may result in drowning. alcohol use is also associated with unsafe sex. = = = legal issues = = = laws on drunkenness vary. in the united states, it is a criminal offense for a person to be drunk while driving a motorized vehicle, except in wisconsin, where it is only a fine for the first offense. it is also a criminal offense to fly an aircraft or ( in some american states ) to assemble or operate an amusement park ride while drunk. similar laws also exist in the united kingdom and most other countries. in some jurisdictions, it is also an offense to serve alcohol to an already - intoxicated person, and, often, alcohol can only be sold by persons qualified to serve responsibly through alcohol server training. the blood alcohol content ( bac ) for legal operation of a vehicle is typically measured as a percentage of a unit volume of blood. this percentage ranges from 0. 00 % in romania and the united arab emirates ; to 0. 05 % in australia, south africa, germany, scotland, and new zealand ( 0. 00 % for underage individuals ) ; to 0. 08 % in england and wales, the united states and canada. the united states federal aviation administration prohibits crew members from performing their duties within eight hours of consuming an alcoholic beverage, while under the influence of alcohol, or with a bac greater than 0. 04 %. in the united states, the united kingdom, and australia, public intoxication is a crime ( also known as " being drunk and disorderly " or " being drunk and incapable " ). in some countries, there are special facilities, sometimes known as " drunk tanks ", for the temporary detention of persons found to be drunk. = = = religious views = = = some religious groups permit the consumption of alcohol ;
Answer:
|
inadmissible, because its admission would discourage the taking of such remedial measures
| null |
Penn sued Duke's Bar for injuries suffered in an automobile accident caused by Chase, who had been a patron of Duke's Bar. Penn claimed that Chase was permitted to drink too much liquor at Duke's Bar before the accidentPenn offered evidence that, after the accident, the manager of Duke's Bar established house rules limiting all customers to two drinks per hour, with a maximum limit of four drinks per night. This evidence is
0. admissible to show that the prior conduct of Duke's Bar was negligent.
1. admissible to show that Duke's Bar was aware of the need for taking precautionary measures.
2. inadmissible, because subsequent measures by an employee are not binding on Duke's Bar.
3. inadmissible, because its admission would discourage the taking of such remedial measures
a bbc investigation revealed that buckfast tonic wine had been mentioned in 5, 638 crime reports in the strathclyde area of scotland from 2006 to 2009, equating to an average of three per day. in 2017, scottish police reported there had been 6, 500 crimes related to the drink in the previous two years. = = = united states = = = the adverse effects of caffeinated alcoholic drinks have led to increased regulation. under the federal food, drug, and cosmetic act, a substance intentionally added to food ( such as caffeine in alcoholic drinks ) is deemed " unsafe " and is unlawful unless its particular use has been approved by fda ( food and drug administration ) regulation. the substance is subject to a prior sanction until the substance is generally regarded as safe ( gras ). in order for a substance to be characterized as gras, there must be sufficient evidence to prove its safety ; this evidence should be generally known and accepted by qualified professionals. the fda did not approve the use of caffeine in alcoholic drinks, and thus the drinks cannot be legally marketed. as a result, the fda sent letters to four manufacturers of caffeinated alcoholic drinks ( phusion projects, charge beverages corporation, new century brewing company, and united brands company, inc. ) to alert them that the agency would be considering whether caffeine can lawfully be added to alcoholic drinks. these letters also gave the manufacturers fifteen days to stop the addition of caffeine to the alcoholic drinks or to stop selling the drinks altogether. the federal trade commission ( ftc ) also took action against the four companies, warning that their marketing tactics might violate federal law and urging them to take swift and appropriate steps to protect consumers. cdc recommends against the combination of alcohol and caffeine. the dietary guidelines for americans recommend avoidance of concomitant consumption of alcohol and caffeine, as this may lead to increased alcohol consumption, with a higher risk of alcohol - associated injury. in 2009, the fda required several manufacturers to remove caffeine from their alcopops including city brewing of la crosse, wisc. which makes hard wired and 24 / 7 ; gaamm imports inc., of deerfield beach, fla. which makes booya espresso silver tequila and caffeine, and united brands co., maker of joose, max vibe, max fury, max live and 3sum. anheuser - busch and miller have stopped making their caffeinated alcoholic drinks, tilt, bud extra and
2006. 01699. x. pmid 17298644. taylor, l., and s. oberman. drunk driving defense, 6th edition. new york : aspen law and business, 2006. isbn 978 - 0 - 7355 - 5429 - 0. = = external links = = estimated alcohol
period. the court has a wide discretion in terms of the order or orders that can be made on the hearing of the petition. however, if, for whatever reason the court forms the view that the company does not have a reasonable prospect of survival, it must refuse to grant the petition and it must withdraw the court's protection. the court may order the immediate appointment of a liquidator in such circumstances. if the court is satisfied that there us a reasonable prospect of survival of the company and all or part of its undertaking it may exercise its discretion to appoint an examiner. the court will consider issues such as whether there has been full disclosure by the applicant, the conduct of the directors and, the impact on employees in exercising its discretion in this regard. = = = the effect of court protection = = = as indicated above, from the time of presentation of the petition in the court office, the company is under the protection of the court. : 1 from the commencement of the protection period, the company is effectively immune from creditor action. : 25 this prohibition is subject only to a party's ( usually a bank's ) entitlement to exercise a right of set - off and therefore, absent agreement from the bank not to exercise that right, it is advisable that the company opens a separate trading account for the protection period. unless recommended by the independent report or otherwise approved by the court on application by the examiner, the company cannot discharge any liabilities incurred prior to the presentation of the petition. : 1362 typically, the independent accountant's report will recommend payment of any arrears of wages to employees together with any suppliers or trade creditors that are essential for the survival of the company during the protection period. = = = the period of court protection = = = the period of court protection is 70 days : 1344 plus a discretionary 30 days : 1369 ) which may be granted on application to the high court. meetings of creditors and shareholders to consider any scheme of arrangement must be held within 35 days ( or within a longer period on application to the high court ) from the date of appointment of an examiner. : 1373 in practice, the meetings of creditors and shareholders rarely take place within the first 35 days of the protection period and the examiner usually applies to the high court for an extension of time in which to file his report. that period can be extended beyond the initial 70 - day period ( to a maximum of 100 days from the date of presentation of the petition ) if the examiner demonstrates to the court that
large. = = = = = durham / new hampshire test = = = = = the strict m'naghten standard for the insanity defense was widely used until the 1950s and the case of durham v. united states case. in the durham case, the court ruled that a defendant is entitled to acquittal if the crime was the product of their mental illness ( i. e., crime would not have been committed but for the disease ). the durham rule, also called the product test, is broader than either the m'naghten test or the irresistible impulse test. the test has more lenient guidelines for the insanity defense, but it addressed the issue of convicting mentally ill defendants, which was allowed under the m'naghten rule. however, the durham standard drew much criticism because of its expansive definition of legal insanity. it was abandoned in the 1970s, after the case of united states v. brawner ( 1972 ). = = = = = model penal code test = = = = = the model penal code, published by the american law institute, provides the ali rule - a standard for legal insanity that serves as a compromise between the strict m'naghten rule, the lenient durham ruling, and the irresistible impulse test. under the mpc standard, which represents the modern trend, a defendant is not responsible for criminal conduct " if at the time of such conduct as a result of mental disease or defect he lacks substantial capacity either to appreciate the criminality of their conduct or to conform their conduct to the requirements of the law. " the test thus takes into account both the cognitive and volitional capacity of insanity. = = = = = federal courts = = = = = after the perpetrator of president reagan's assassination attempt was found not guilty by reason of insanity, congress passed the insanity defense reform act of 1984. under this act, the burden of proof was shifted from the prosecution to the defense and the standard of evidence in federal trials was increased from a preponderance of evidence to clear and convincing evidence. the ali test was discarded in favor of a new test that more closely resembled m'naghten's. under this new test only perpetrators suffering from severe mental illnesses at the time of the crime could successfully employ the insanity defense. the defendant's ability to control himself or herself was no longer a consideration. the act also curbed the scope of expert psychiatric testimony and adopted stricter procedures regarding the hospitalization and release of those found not guilty by reason of insanity
particular for unsupervised recreational activity. a study in the province of ontario based on epidemiological data from 1986, 1989, 1992, and 1995 states that 79. 2 % of the 2, 154 catastrophic injuries recorded for the study were preventable, of which 346 ( 17 % ) involved alcohol consumption. the activities most commonly associated with alcohol - related catastrophic injury were snowmobiling ( 124 ), fishing ( 41 ), diving ( 40 ), boating ( 31 ) and canoeing ( 7 ), swimming ( 31 ), riding an all - terrain vehicle ( 24 ), and cycling ( 23 ). these events are often associated with unsupervised young males, often inexperienced in the activity, and may result in drowning. alcohol use is also associated with unsafe sex. = = = legal issues = = = laws on drunkenness vary. in the united states, it is a criminal offense for a person to be drunk while driving a motorized vehicle, except in wisconsin, where it is only a fine for the first offense. it is also a criminal offense to fly an aircraft or ( in some american states ) to assemble or operate an amusement park ride while drunk. similar laws also exist in the united kingdom and most other countries. in some jurisdictions, it is also an offense to serve alcohol to an already - intoxicated person, and, often, alcohol can only be sold by persons qualified to serve responsibly through alcohol server training. the blood alcohol content ( bac ) for legal operation of a vehicle is typically measured as a percentage of a unit volume of blood. this percentage ranges from 0. 00 % in romania and the united arab emirates ; to 0. 05 % in australia, south africa, germany, scotland, and new zealand ( 0. 00 % for underage individuals ) ; to 0. 08 % in england and wales, the united states and canada. the united states federal aviation administration prohibits crew members from performing their duties within eight hours of consuming an alcoholic beverage, while under the influence of alcohol, or with a bac greater than 0. 04 %. in the united states, the united kingdom, and australia, public intoxication is a crime ( also known as " being drunk and disorderly " or " being drunk and incapable " ). in some countries, there are special facilities, sometimes known as " drunk tanks ", for the temporary detention of persons found to be drunk. = = = religious views = = = some religious groups permit the consumption of alcohol ;
Answer:
|
admissible to show that the prior conduct of Duke's Bar was negligent.
| 0.3 |
Penn sued Duke's Bar for injuries suffered in an automobile accident caused by Chase, who had been a patron of Duke's Bar. Penn claimed that Chase was permitted to drink too much liquor at Duke's Bar before the accidentPenn offered evidence that, after the accident, the owner of Duke's Bar visited him at the hospital and, offering to pay all of Penn's medical expenses, said, "That's the least I can do after letting Chase leave the bar so drunk last night." The statement that Chase was drunk when he left the bar on the night of the accident is
0. admissible as an admission by the owner of Duke's Bar that Chase was drunk when he left the bar.
1. admissible as a factual admission made in connection with an offer of compromise.
2. inadmissible as hearsay, not within any exception
3. inadmissible as a statement made in connection with an offer to pay medical expenses.
the same charges, and his rights to an expedited hearing were allegedly denied while a suspension was in place. on may 15, 2001, the california medical association filed an amicus curiae brief to emphasize legal protections meant to prevent physicians being arbitrarily excluded from access to healthcare facilities based on mechanisms such as summary suspension without a speedy hearing. this case was decided on april 18, 2005. the court ruled that the hearing officer in the case could indeed terminate the physician's peer review hearing based on grounds that the physician refused to cooperate on procedural and other matters necessary for the good conduct of the proceedings. thus, the physician lost his membership and privileges at the hospital. ironically, the same physician was brought into a peer review hearing at another facility a short time later. the hearing officer in that case also terminated the proceedings, this time due to the physician's failure to turn over certain evidence for use in the hearing. the physician challenged the termination through the court system arguing, contrary to the tenet appellate court ruling, that california's peer review statutes never intended the hearing officer in peer review hearings to have such powers of termination. the california supreme court reviewed the case and agreed in april 2009. the high court ruled, among other things, that peer review hearing officers must defer the question of termination to the panel of physicians who sit in judgment of each peer review hearing. = = = roland chalifoux = = = roland chalifoux, member of an advocacy organisation called the semmelweis society, had his medical license revoked in texas in 2004 after numerous incidents including the death of a patient. the texas state board of medical examiners stated that chalifoux's practices " constitute such a deviation from the standard of care that revocation of his license is the only sanction that will adequately protect the public ". chalifoux subsequently secured permission to practice in west virginia, and alleges that the texas board's actions constitute sham peer review. = = = charles williams, md = = = six years after charles williams, md, an anesthesiologist was summarily suspended by university medical center of southern nevada, a federal jury in las vegas awarded dr. williams $ 8. 8 million as compensation for the due process violations he experienced in his sham peer review. before the trial, which began may 16, u. s. district judge philip pro made a finding that ellerton and umc's medical staff had violated williams'due process rights. that left
2006. 01699. x. pmid 17298644. taylor, l., and s. oberman. drunk driving defense, 6th edition. new york : aspen law and business, 2006. isbn 978 - 0 - 7355 - 5429 - 0. = = external links = = estimated alcohol
transparency in asbestos bankruptcy trust claims. the same year oklahoma passed a similar law called the personal injury trust fund transparency act. this law applies to all personal injury trusts. it requires plaintiffs to disclose all previously filed and anticipated trust claims for personal injuries within 90 days of filing a personal injury tort but not until at least 180 days before the assigned court date. if the plaintiff anticipates filing a trust claim all proceedings are stayed until their filing is complete. filing new claims or amending claims after the initial disclosure triggers a new disclosure requirement. the law also allows defendants to stay proceedings by showing that the plaintiff could make a good faith filing with a trust. the law gives plaintiffs ten days to either file such a claim or show that it would probably be unsuccessful. in south carolina in 2015, state senator shane massey introduced senate bill 281, " the court transparency act. " s. 281 would prohibit the state of south carolina from hiring outside lawyers. similar bills have been passed into law by 18 states. the bill would also prevent juries from awarding damages that exceed actual out of pocket costs incurred by plaintiffs. in june 2015, texas governor greg abbott signed texas house bill 1492 into law. the law was written to end so - called asbestos " double dipping " in texas. this law requires asbestos victims to perform more actions before proceeding to trial, and lowers the standard of proof of asbestos exposure for manufacturers to shift the blame onto other bankrupt companies. a year earlier, wisconsin governor scott walker signed a similar bill into law. in june 2016, president obama signed into law the frank r. lautenburg chemical safety for the 21st century act ( h. r. 2576 ). it serves to reform the tsca of 1976 and aims to make federal safety regulations on toxic substances and chemicals effective. in 2017, iowa, mississippi, north dakota, and south dakota all passed asbestos trust claims transparency laws. = = abatement = = asbestos abatement ( removal of asbestos ) has become a thriving industry in the united states. strict removal and disposal laws have been enacted to protect the public from airborne asbestos. the clean air act requires that asbestos be wetted during removal and strictly contained, and that workers wear safety gear and masks. the federal government has prosecuted dozens of violations of the act and violations of racketeer influenced and corrupt organizations act ( rico ) related to the operations. often these involve contractors who hire undocumented workers without proper training or protection to illegally remove asbestos. w. r. grace and company faces fines of up to $ 280
" motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 933. " duty and liability of vehicle driver blinded by glare of lights ". american law reports - - annotated, 2nd series. vol. 22. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 292. " liability for killing or injuring, by motor vehicle, livestock or fowl on highway ". american law reports - - annotated, 4th series. vol. 55. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 822. r. j. h. ( january 1937 ). " the uniform motor vehicle act in virginia ". virginia law review. 23 ( 3 ) : 351 – 358. doi : 10. 2307 / 1067282. jstor 1067282. d. m. postlewaite ( 1935 ). " negligence - - doctrine of assured clear distance ahead - - statute as subjective test ". law journal of the student bar association of the ohio state university. 1 ( 3 ) : 284 – 287. hdl : 1811 / 72043. issn 0048 - 1572. thomas stanton ( july 1935 ). " negligence and contributory negligence per se : the " range of vision " and " blinding lights " rules in automobile accident cases ". california law review. 23 ( 5 ) : 498 – 506. doi : 10. 2307 / 3476106. jstor 3476106. myron l. garon ( autumn 1952 ). " recent developments in california's last clear chance doctrine ". california law review. 40 ( 3 ) : 404 – 411. doi : 10. 2307 / 3477930. jstor 3477930. murray carl lertzman ( 1954 ). " the assured clear distance ahead rule in ohio ". case western reserve law review. 5 ( 1 ) : 77 – 83. herbert a. bernhard ( december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 – 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r
period. the court has a wide discretion in terms of the order or orders that can be made on the hearing of the petition. however, if, for whatever reason the court forms the view that the company does not have a reasonable prospect of survival, it must refuse to grant the petition and it must withdraw the court's protection. the court may order the immediate appointment of a liquidator in such circumstances. if the court is satisfied that there us a reasonable prospect of survival of the company and all or part of its undertaking it may exercise its discretion to appoint an examiner. the court will consider issues such as whether there has been full disclosure by the applicant, the conduct of the directors and, the impact on employees in exercising its discretion in this regard. = = = the effect of court protection = = = as indicated above, from the time of presentation of the petition in the court office, the company is under the protection of the court. : 1 from the commencement of the protection period, the company is effectively immune from creditor action. : 25 this prohibition is subject only to a party's ( usually a bank's ) entitlement to exercise a right of set - off and therefore, absent agreement from the bank not to exercise that right, it is advisable that the company opens a separate trading account for the protection period. unless recommended by the independent report or otherwise approved by the court on application by the examiner, the company cannot discharge any liabilities incurred prior to the presentation of the petition. : 1362 typically, the independent accountant's report will recommend payment of any arrears of wages to employees together with any suppliers or trade creditors that are essential for the survival of the company during the protection period. = = = the period of court protection = = = the period of court protection is 70 days : 1344 plus a discretionary 30 days : 1369 ) which may be granted on application to the high court. meetings of creditors and shareholders to consider any scheme of arrangement must be held within 35 days ( or within a longer period on application to the high court ) from the date of appointment of an examiner. : 1373 in practice, the meetings of creditors and shareholders rarely take place within the first 35 days of the protection period and the examiner usually applies to the high court for an extension of time in which to file his report. that period can be extended beyond the initial 70 - day period ( to a maximum of 100 days from the date of presentation of the petition ) if the examiner demonstrates to the court that
Answer:
|
admissible as an admission by the owner of Duke's Bar that Chase was drunk when he left the bar.
| null |
Penn sued Duke's Bar for injuries suffered in an automobile accident caused by Chase, who had been a patron of Duke's Bar. Penn claimed that Chase was permitted to drink too much liquor at Duke's Bar before the accidentPenn offered evidence that, after the accident, the owner of Duke's Bar visited him at the hospital and, offering to pay all of Penn's medical expenses, said, "That's the least I can do after letting Chase leave the bar so drunk last night." The statement that Chase was drunk when he left the bar on the night of the accident is
0. admissible as an admission by the owner of Duke's Bar that Chase was drunk when he left the bar.
1. admissible as a factual admission made in connection with an offer of compromise.
2. inadmissible as hearsay, not within any exception
3. inadmissible as a statement made in connection with an offer to pay medical expenses.
the same charges, and his rights to an expedited hearing were allegedly denied while a suspension was in place. on may 15, 2001, the california medical association filed an amicus curiae brief to emphasize legal protections meant to prevent physicians being arbitrarily excluded from access to healthcare facilities based on mechanisms such as summary suspension without a speedy hearing. this case was decided on april 18, 2005. the court ruled that the hearing officer in the case could indeed terminate the physician's peer review hearing based on grounds that the physician refused to cooperate on procedural and other matters necessary for the good conduct of the proceedings. thus, the physician lost his membership and privileges at the hospital. ironically, the same physician was brought into a peer review hearing at another facility a short time later. the hearing officer in that case also terminated the proceedings, this time due to the physician's failure to turn over certain evidence for use in the hearing. the physician challenged the termination through the court system arguing, contrary to the tenet appellate court ruling, that california's peer review statutes never intended the hearing officer in peer review hearings to have such powers of termination. the california supreme court reviewed the case and agreed in april 2009. the high court ruled, among other things, that peer review hearing officers must defer the question of termination to the panel of physicians who sit in judgment of each peer review hearing. = = = roland chalifoux = = = roland chalifoux, member of an advocacy organisation called the semmelweis society, had his medical license revoked in texas in 2004 after numerous incidents including the death of a patient. the texas state board of medical examiners stated that chalifoux's practices " constitute such a deviation from the standard of care that revocation of his license is the only sanction that will adequately protect the public ". chalifoux subsequently secured permission to practice in west virginia, and alleges that the texas board's actions constitute sham peer review. = = = charles williams, md = = = six years after charles williams, md, an anesthesiologist was summarily suspended by university medical center of southern nevada, a federal jury in las vegas awarded dr. williams $ 8. 8 million as compensation for the due process violations he experienced in his sham peer review. before the trial, which began may 16, u. s. district judge philip pro made a finding that ellerton and umc's medical staff had violated williams'due process rights. that left
2006. 01699. x. pmid 17298644. taylor, l., and s. oberman. drunk driving defense, 6th edition. new york : aspen law and business, 2006. isbn 978 - 0 - 7355 - 5429 - 0. = = external links = = estimated alcohol
transparency in asbestos bankruptcy trust claims. the same year oklahoma passed a similar law called the personal injury trust fund transparency act. this law applies to all personal injury trusts. it requires plaintiffs to disclose all previously filed and anticipated trust claims for personal injuries within 90 days of filing a personal injury tort but not until at least 180 days before the assigned court date. if the plaintiff anticipates filing a trust claim all proceedings are stayed until their filing is complete. filing new claims or amending claims after the initial disclosure triggers a new disclosure requirement. the law also allows defendants to stay proceedings by showing that the plaintiff could make a good faith filing with a trust. the law gives plaintiffs ten days to either file such a claim or show that it would probably be unsuccessful. in south carolina in 2015, state senator shane massey introduced senate bill 281, " the court transparency act. " s. 281 would prohibit the state of south carolina from hiring outside lawyers. similar bills have been passed into law by 18 states. the bill would also prevent juries from awarding damages that exceed actual out of pocket costs incurred by plaintiffs. in june 2015, texas governor greg abbott signed texas house bill 1492 into law. the law was written to end so - called asbestos " double dipping " in texas. this law requires asbestos victims to perform more actions before proceeding to trial, and lowers the standard of proof of asbestos exposure for manufacturers to shift the blame onto other bankrupt companies. a year earlier, wisconsin governor scott walker signed a similar bill into law. in june 2016, president obama signed into law the frank r. lautenburg chemical safety for the 21st century act ( h. r. 2576 ). it serves to reform the tsca of 1976 and aims to make federal safety regulations on toxic substances and chemicals effective. in 2017, iowa, mississippi, north dakota, and south dakota all passed asbestos trust claims transparency laws. = = abatement = = asbestos abatement ( removal of asbestos ) has become a thriving industry in the united states. strict removal and disposal laws have been enacted to protect the public from airborne asbestos. the clean air act requires that asbestos be wetted during removal and strictly contained, and that workers wear safety gear and masks. the federal government has prosecuted dozens of violations of the act and violations of racketeer influenced and corrupt organizations act ( rico ) related to the operations. often these involve contractors who hire undocumented workers without proper training or protection to illegally remove asbestos. w. r. grace and company faces fines of up to $ 280
" motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 933. " duty and liability of vehicle driver blinded by glare of lights ". american law reports - - annotated, 2nd series. vol. 22. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 292. " liability for killing or injuring, by motor vehicle, livestock or fowl on highway ". american law reports - - annotated, 4th series. vol. 55. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 822. r. j. h. ( january 1937 ). " the uniform motor vehicle act in virginia ". virginia law review. 23 ( 3 ) : 351 – 358. doi : 10. 2307 / 1067282. jstor 1067282. d. m. postlewaite ( 1935 ). " negligence - - doctrine of assured clear distance ahead - - statute as subjective test ". law journal of the student bar association of the ohio state university. 1 ( 3 ) : 284 – 287. hdl : 1811 / 72043. issn 0048 - 1572. thomas stanton ( july 1935 ). " negligence and contributory negligence per se : the " range of vision " and " blinding lights " rules in automobile accident cases ". california law review. 23 ( 5 ) : 498 – 506. doi : 10. 2307 / 3476106. jstor 3476106. myron l. garon ( autumn 1952 ). " recent developments in california's last clear chance doctrine ". california law review. 40 ( 3 ) : 404 – 411. doi : 10. 2307 / 3477930. jstor 3477930. murray carl lertzman ( 1954 ). " the assured clear distance ahead rule in ohio ". case western reserve law review. 5 ( 1 ) : 77 – 83. herbert a. bernhard ( december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 – 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r
period. the court has a wide discretion in terms of the order or orders that can be made on the hearing of the petition. however, if, for whatever reason the court forms the view that the company does not have a reasonable prospect of survival, it must refuse to grant the petition and it must withdraw the court's protection. the court may order the immediate appointment of a liquidator in such circumstances. if the court is satisfied that there us a reasonable prospect of survival of the company and all or part of its undertaking it may exercise its discretion to appoint an examiner. the court will consider issues such as whether there has been full disclosure by the applicant, the conduct of the directors and, the impact on employees in exercising its discretion in this regard. = = = the effect of court protection = = = as indicated above, from the time of presentation of the petition in the court office, the company is under the protection of the court. : 1 from the commencement of the protection period, the company is effectively immune from creditor action. : 25 this prohibition is subject only to a party's ( usually a bank's ) entitlement to exercise a right of set - off and therefore, absent agreement from the bank not to exercise that right, it is advisable that the company opens a separate trading account for the protection period. unless recommended by the independent report or otherwise approved by the court on application by the examiner, the company cannot discharge any liabilities incurred prior to the presentation of the petition. : 1362 typically, the independent accountant's report will recommend payment of any arrears of wages to employees together with any suppliers or trade creditors that are essential for the survival of the company during the protection period. = = = the period of court protection = = = the period of court protection is 70 days : 1344 plus a discretionary 30 days : 1369 ) which may be granted on application to the high court. meetings of creditors and shareholders to consider any scheme of arrangement must be held within 35 days ( or within a longer period on application to the high court ) from the date of appointment of an examiner. : 1373 in practice, the meetings of creditors and shareholders rarely take place within the first 35 days of the protection period and the examiner usually applies to the high court for an extension of time in which to file his report. that period can be extended beyond the initial 70 - day period ( to a maximum of 100 days from the date of presentation of the petition ) if the examiner demonstrates to the court that
Answer:
|
admissible as a factual admission made in connection with an offer of compromise.
| 0.3 |
In a narcotics conspiracy prosecution against Daly, the prosecutor offers in evidence a tape recording of a telephone call allegedly made by Daly. A lay witness is called to testify that the voice on the recording is Daly's. Her testimony to which of the following would be the LEAST sufficient basis for admitting the recording?
0. She had heard the same voice on a similar tape recording identified to her by Daly's brother.
1. She had heard Daly speak many times, but never over the telephone.
2. She had, specifically for the purpose of preparing to testify, talked with Daly over the telephone at a time after the recording was made.
3. She had been present with Daly when he engaged in the conversation in question but had heard only Daly's side of the conversation
, such other eyewitness testimonies. = = voice recognition = = the verbal overshadowing effect has also been found to affect voice identification. research shows that describing a non - verbal stimuli leads to a decrease in recognition accuracy. in an unpublished study by schooler, fiore, melcher, and ambadar ( 1996 ), participants listened to a tape - recorded voice, after which they were asked either to verbally describe it or to not do so, and then asked to distinguish the voice from 3 similar distractor voices. the results showed that verbal overshadowing impaired accuracy of recognition based on gut feeling, suggesting an overall verbal overshadowing for voice recognition. due to the forensic relevance of voices heard over the telephone and harassing phone calls that are often a problem for police, perfect, hunt, and harris ( 2002 ) examined the influence of three factors on accuracy and confidence in voice recognition from a line - up. they expected to find an effect, because voice represents a class of stimuli that is difficult to describe verbally. this meets schooler et al.'s ( 1997 ) modality mismatch criterion, meaning that describing the speakers age, gender, or accent is difficult, making voice recognition susceptible to the verbal overshadowing phenomenon. it was found that the method of memory encoding had no impact on performance, and that hearing a telephone voice reduced confidence but did not affect accuracy. they also found that providing a verbal description impaired accuracy but had no effect on confidence. the data showed an effect of verbal overshadowing in voice recognition and provided yet another disassociation between confidence and performance. although there was a difference in confidence level, witnesses were able to identify voices over the telephone as accurately as voices heard directly. the authors stated, " this effect is useful in the respect that it demonstrates that the lack of a confidence effect with verbal overshadowing is not due to low sensitivity of the confidence measure ". ( p. 979 ) the data from the study suggested that the main effect of verbal overshadowing was seen mainly in the telephone voices. they also stated, " however, because of the statistical limitations, it is perhaps best not to over - interpret this finding until it is replicated in a larger sample ". ( p. 979 ) perfect, hunt, and harris ( 2002 ) did a small - scale study that showed a reliable verbal overshadowing effect on voice identification, thus confirming previous research that showed verbally describing a to - be - recognized ( non - verbal ) stimulus
than is available or necessary, resulting in a higher rate of acquittal when such evidence is absent ; and second, that jurors have greater confidence in forensic and particularly dna evidence than is warranted, resulting in a higher rate of conviction when such evidence is present. while these and other effects may be caused by crime shows, the most commonly reported effect is that jurors are wrongly acquitting defendants despite overwhelming evidence of guilt. in particular, prosecutors have reported feeling pressured to provide dna evidence even when eyewitness testimony is available. in fact, in a study of 444 prosecutors, 56 % believed the csi effect to almost always or always influence juries, and 81 % believed the csi effect to influence judges. in one highly publicized incident, los angeles county, california district attorney steve cooley blamed actor robert blake's acquittal on murder charges on the csi effect. cooley noted that the " not guilty " verdict came despite two witness accounts of blake's guilt, and claimed that the jury members were " incredibly stupid ". by 2005, some judges and prosecutors had begun altering their trial preparations and procedures in an attempt to counter the csi effect. some ask questions about crime drama television viewership during voir dire to target biased jurors. for example, in charles and drake v. state ( 2010 ), the defendants were convicted of second degree murder, and during voir dire, the judge presented a question about the csi effect. in this case, the maryland appellate court ruled the csi effect voir dire question inappropriate due to its biased language and use of the term " convict " without mention of acquittal. prosecutors have also used opening statements and closing arguments to minimize the possible impact of the csi effect. in goff v. state ( 2009 ), the prosecutor asked jurors during voir dire about their ability to render a verdict without scientific evidence, and then reminded them during closing arguments about this question. in this case, the mention of the csi effect was considered acceptable because the language used was neutral and unbiased. additionally, jury instructions have also been used as a means of informing jurors about the csi effect. in atkins v. state ( 2011 ), the jury was instructed that scientific evidence is not necessary for a case to be valid. the court ruled that this jury instruction regarding scientific evidence was improper because the state was not held to its burden of proof. furthermore, prosecutors have hired expert witnesses to explain why particular forms of physical evidence are not relevant to their cases. in
him. the people at home could call a number on their screen to report which suspect they believed was the perpetrator. the perpetrator was suspect number 2. callers also had the option of reporting that they did not believe the perpetrator was in the lineup. approximately equal contingents of participants chose suspects 1, 2, or 5, while the largest group of participants, about 25 percent, said they believed the perpetrator was not in the lineup. even police precincts called in and reported the wrong man as the one they believed committed the crime. a key purpose of this experiment was aimed toward proving the need for better systems of getting suspect descriptions from eyewitnesses. the question at hand is : what is there about an event that makes it so easy for eyewitness testimonies to be misremembered? as it pertains to witnessing crime in real time, “ uniqueness is overshadowed by the conditions for observations ”. the surprise or shock over the fact that a crime is happening puts the visceral experience of the event large, front and center of attention for a witness or a victim. however, this also has the effect of making it difficult for them to pay close attention to every material detail of the event ; that is, their ability to remember any particular thing that potentially could be remembered will likely be diminished, because the ability to observe carefully, completely, accurately and objectively is handicapped by a number of factors constituent to the incident : the time of day – was there enough light to really see the event? crowd density ( or existence ) at the scene ; was there anything uncommon or marked about the perpetrator's features? sounds, noises, stress or anxiety induced by the situation, and other distractions ; all play a huge role in what our mind is perceiving, processing, and remembering. the mechanisms by which flaws enter eyewitness testimony are varied and can be quite subtle. a person's memory can be influenced by things seen or heard after a crime has occurred. this distortion is known as the post - event misinformation effect ( loftus and palmer, 1974 ). after a crime occurs, and an eyewitness comes forward, law enforcement tries to gather as much information as they can, in order to avoid any influence that may come from the environment, such as the media. many times, when the crime is surrounded by much publicity, an eyewitness may experience source misattribution. source misattribution occurs when a witness
have made our subjects realize that the implanted information could not possibly be true. we are still at a loss as to why so few of them realized this. " a survey of research on the matter confirm eyewitness testimony consistently changes over time and based on the type of questioning. the approach investigators and lawyers take in their questioning has repeatedly shown to alter eyewitness response. one study showed changing certain words and phrases resulted in an increase in overall estimations of witnesses. = = improving eyewitness testimony = = law enforcement, legal professions, and psychologists have worked together in attempts to make eyewitness testimony more reliable and accurate. geiselman, fisher, mackinnon, and holland saw much improvement in eyewitness memory with an interview procedure they referred to as the cognitive interview. the approach focuses on making witness aware of all events surrounding a crime without generating false memories or inventing details. in this tactic, the interviewer builds a rapport with the witness before asking any questions. they then allow the witness to provide an open ended account of the situation. the interviewer then asks follow up questions to clarify the witness'account, reminding the witness it is acceptable to be unsure and move on. this approach guides the witness over a rigid protocol. when implemented correctly, the ci showed more accuracy and efficiency without additional incorrect information being generated. currently, this is the u. s. department of justice's suggested method for law enforcement officials to use in obtaining information from witnesses. programs training officers in this method have been developed outside the u. s. in many european countries, as well as australia, new zealand, and israel. while some analysis of police interviewing technique reveals this change towards ci interviewing is not put into effect by many officials in the us and the u. k., it is still considered to be the most effective means of decreasing error in eyewitness testimony. = = = innocence project = = = emotional status is an imperative element of accurate eyewitness testimony. on the one hand, memory enhancement can occur when high emotional arousal occurs. however, strong feelings such as distress can cause memory distortions ( anable ). over the last decade, the innocence project has been gaining notoriety for its work within the judicial system providing help in exonerating those who have been wrongfully accused of various crimes. to do their part, the following are specific ways that they have suggested eyewitness identification can be more reliable. emotional disposition can influence eye - witness testimony depending on the intensity of events and emotions of an individual
procedure should be documented by any means available. most commonly video surveillance is used during the procedure. in some instances it may be helpful to have written documents providing descriptions of the procedure. = = procedural reforms = = experts debate what changes need to occur in the legal process in response to research on inaccuracy of eyewitness testimony. = = = jury guidelines = = = it has been suggested that the jury be given a checklist to evaluate eyewitness testimony when given in court. r. j. shafer offers this checklist for evaluating eyewitness testimony : how well could the eyewitness observe the thing he reports? were his senses equal to the observation? was his physical location suitable to sight, hearing, touch? did he have the proper social ability to observe : did he understand the language, have other expertise required ( e. g., law, military )? when did he report in relation to his observation? soon? much later? are there additional clues to intended veracity? was he indifferent on the subject reported, thus probably not intending distortion? did he make statements damaging to himself, thus probably not seeking to distort? did he give incidental or casual information, almost certainly not intended to mislead? do his statements seem inherently improbable : e. g., contrary to human nature, or in conflict with what we know? remember that some types of information are easier to observe and report on than others. are there inner contradictions in the testimony? = = = judge guidelines = = = in 2011, the new jersey supreme court created new rules for the admissibility of eyewitness testimony in court. the new rules require judges to explain to jurors any influences that may heighten the risk for error in the testimony. the rules are part of nationwide court reform that attempts to improve the validity of eyewitness testimony and lower the rate of false conviction. = = see also = = anecdotal evidence – evidence relying on personal testimony confabulation – recall of fabricated, misinterpreted or distorted memories ( false memory ) forensic psychology – using psychological science to help answer legal questions legal psychology – psychological research of the law mistaken identity – legal defense = = references = = = = external links = = identifying the culprit : assessing eyewitness identification ( 2014 ) - free download of book by the national academy of sciences summarizing research and recommending best practices evidence - based justice : corrupted memory, nature, 14 aug 2013 " supreme
Answer:
|
She had heard the same voice on a similar tape recording identified to her by Daly's brother.
| null |
In a narcotics conspiracy prosecution against Daly, the prosecutor offers in evidence a tape recording of a telephone call allegedly made by Daly. A lay witness is called to testify that the voice on the recording is Daly's. Her testimony to which of the following would be the LEAST sufficient basis for admitting the recording?
0. She had heard the same voice on a similar tape recording identified to her by Daly's brother.
1. She had heard Daly speak many times, but never over the telephone.
2. She had, specifically for the purpose of preparing to testify, talked with Daly over the telephone at a time after the recording was made.
3. She had been present with Daly when he engaged in the conversation in question but had heard only Daly's side of the conversation
, such other eyewitness testimonies. = = voice recognition = = the verbal overshadowing effect has also been found to affect voice identification. research shows that describing a non - verbal stimuli leads to a decrease in recognition accuracy. in an unpublished study by schooler, fiore, melcher, and ambadar ( 1996 ), participants listened to a tape - recorded voice, after which they were asked either to verbally describe it or to not do so, and then asked to distinguish the voice from 3 similar distractor voices. the results showed that verbal overshadowing impaired accuracy of recognition based on gut feeling, suggesting an overall verbal overshadowing for voice recognition. due to the forensic relevance of voices heard over the telephone and harassing phone calls that are often a problem for police, perfect, hunt, and harris ( 2002 ) examined the influence of three factors on accuracy and confidence in voice recognition from a line - up. they expected to find an effect, because voice represents a class of stimuli that is difficult to describe verbally. this meets schooler et al.'s ( 1997 ) modality mismatch criterion, meaning that describing the speakers age, gender, or accent is difficult, making voice recognition susceptible to the verbal overshadowing phenomenon. it was found that the method of memory encoding had no impact on performance, and that hearing a telephone voice reduced confidence but did not affect accuracy. they also found that providing a verbal description impaired accuracy but had no effect on confidence. the data showed an effect of verbal overshadowing in voice recognition and provided yet another disassociation between confidence and performance. although there was a difference in confidence level, witnesses were able to identify voices over the telephone as accurately as voices heard directly. the authors stated, " this effect is useful in the respect that it demonstrates that the lack of a confidence effect with verbal overshadowing is not due to low sensitivity of the confidence measure ". ( p. 979 ) the data from the study suggested that the main effect of verbal overshadowing was seen mainly in the telephone voices. they also stated, " however, because of the statistical limitations, it is perhaps best not to over - interpret this finding until it is replicated in a larger sample ". ( p. 979 ) perfect, hunt, and harris ( 2002 ) did a small - scale study that showed a reliable verbal overshadowing effect on voice identification, thus confirming previous research that showed verbally describing a to - be - recognized ( non - verbal ) stimulus
than is available or necessary, resulting in a higher rate of acquittal when such evidence is absent ; and second, that jurors have greater confidence in forensic and particularly dna evidence than is warranted, resulting in a higher rate of conviction when such evidence is present. while these and other effects may be caused by crime shows, the most commonly reported effect is that jurors are wrongly acquitting defendants despite overwhelming evidence of guilt. in particular, prosecutors have reported feeling pressured to provide dna evidence even when eyewitness testimony is available. in fact, in a study of 444 prosecutors, 56 % believed the csi effect to almost always or always influence juries, and 81 % believed the csi effect to influence judges. in one highly publicized incident, los angeles county, california district attorney steve cooley blamed actor robert blake's acquittal on murder charges on the csi effect. cooley noted that the " not guilty " verdict came despite two witness accounts of blake's guilt, and claimed that the jury members were " incredibly stupid ". by 2005, some judges and prosecutors had begun altering their trial preparations and procedures in an attempt to counter the csi effect. some ask questions about crime drama television viewership during voir dire to target biased jurors. for example, in charles and drake v. state ( 2010 ), the defendants were convicted of second degree murder, and during voir dire, the judge presented a question about the csi effect. in this case, the maryland appellate court ruled the csi effect voir dire question inappropriate due to its biased language and use of the term " convict " without mention of acquittal. prosecutors have also used opening statements and closing arguments to minimize the possible impact of the csi effect. in goff v. state ( 2009 ), the prosecutor asked jurors during voir dire about their ability to render a verdict without scientific evidence, and then reminded them during closing arguments about this question. in this case, the mention of the csi effect was considered acceptable because the language used was neutral and unbiased. additionally, jury instructions have also been used as a means of informing jurors about the csi effect. in atkins v. state ( 2011 ), the jury was instructed that scientific evidence is not necessary for a case to be valid. the court ruled that this jury instruction regarding scientific evidence was improper because the state was not held to its burden of proof. furthermore, prosecutors have hired expert witnesses to explain why particular forms of physical evidence are not relevant to their cases. in
him. the people at home could call a number on their screen to report which suspect they believed was the perpetrator. the perpetrator was suspect number 2. callers also had the option of reporting that they did not believe the perpetrator was in the lineup. approximately equal contingents of participants chose suspects 1, 2, or 5, while the largest group of participants, about 25 percent, said they believed the perpetrator was not in the lineup. even police precincts called in and reported the wrong man as the one they believed committed the crime. a key purpose of this experiment was aimed toward proving the need for better systems of getting suspect descriptions from eyewitnesses. the question at hand is : what is there about an event that makes it so easy for eyewitness testimonies to be misremembered? as it pertains to witnessing crime in real time, “ uniqueness is overshadowed by the conditions for observations ”. the surprise or shock over the fact that a crime is happening puts the visceral experience of the event large, front and center of attention for a witness or a victim. however, this also has the effect of making it difficult for them to pay close attention to every material detail of the event ; that is, their ability to remember any particular thing that potentially could be remembered will likely be diminished, because the ability to observe carefully, completely, accurately and objectively is handicapped by a number of factors constituent to the incident : the time of day – was there enough light to really see the event? crowd density ( or existence ) at the scene ; was there anything uncommon or marked about the perpetrator's features? sounds, noises, stress or anxiety induced by the situation, and other distractions ; all play a huge role in what our mind is perceiving, processing, and remembering. the mechanisms by which flaws enter eyewitness testimony are varied and can be quite subtle. a person's memory can be influenced by things seen or heard after a crime has occurred. this distortion is known as the post - event misinformation effect ( loftus and palmer, 1974 ). after a crime occurs, and an eyewitness comes forward, law enforcement tries to gather as much information as they can, in order to avoid any influence that may come from the environment, such as the media. many times, when the crime is surrounded by much publicity, an eyewitness may experience source misattribution. source misattribution occurs when a witness
have made our subjects realize that the implanted information could not possibly be true. we are still at a loss as to why so few of them realized this. " a survey of research on the matter confirm eyewitness testimony consistently changes over time and based on the type of questioning. the approach investigators and lawyers take in their questioning has repeatedly shown to alter eyewitness response. one study showed changing certain words and phrases resulted in an increase in overall estimations of witnesses. = = improving eyewitness testimony = = law enforcement, legal professions, and psychologists have worked together in attempts to make eyewitness testimony more reliable and accurate. geiselman, fisher, mackinnon, and holland saw much improvement in eyewitness memory with an interview procedure they referred to as the cognitive interview. the approach focuses on making witness aware of all events surrounding a crime without generating false memories or inventing details. in this tactic, the interviewer builds a rapport with the witness before asking any questions. they then allow the witness to provide an open ended account of the situation. the interviewer then asks follow up questions to clarify the witness'account, reminding the witness it is acceptable to be unsure and move on. this approach guides the witness over a rigid protocol. when implemented correctly, the ci showed more accuracy and efficiency without additional incorrect information being generated. currently, this is the u. s. department of justice's suggested method for law enforcement officials to use in obtaining information from witnesses. programs training officers in this method have been developed outside the u. s. in many european countries, as well as australia, new zealand, and israel. while some analysis of police interviewing technique reveals this change towards ci interviewing is not put into effect by many officials in the us and the u. k., it is still considered to be the most effective means of decreasing error in eyewitness testimony. = = = innocence project = = = emotional status is an imperative element of accurate eyewitness testimony. on the one hand, memory enhancement can occur when high emotional arousal occurs. however, strong feelings such as distress can cause memory distortions ( anable ). over the last decade, the innocence project has been gaining notoriety for its work within the judicial system providing help in exonerating those who have been wrongfully accused of various crimes. to do their part, the following are specific ways that they have suggested eyewitness identification can be more reliable. emotional disposition can influence eye - witness testimony depending on the intensity of events and emotions of an individual
procedure should be documented by any means available. most commonly video surveillance is used during the procedure. in some instances it may be helpful to have written documents providing descriptions of the procedure. = = procedural reforms = = experts debate what changes need to occur in the legal process in response to research on inaccuracy of eyewitness testimony. = = = jury guidelines = = = it has been suggested that the jury be given a checklist to evaluate eyewitness testimony when given in court. r. j. shafer offers this checklist for evaluating eyewitness testimony : how well could the eyewitness observe the thing he reports? were his senses equal to the observation? was his physical location suitable to sight, hearing, touch? did he have the proper social ability to observe : did he understand the language, have other expertise required ( e. g., law, military )? when did he report in relation to his observation? soon? much later? are there additional clues to intended veracity? was he indifferent on the subject reported, thus probably not intending distortion? did he make statements damaging to himself, thus probably not seeking to distort? did he give incidental or casual information, almost certainly not intended to mislead? do his statements seem inherently improbable : e. g., contrary to human nature, or in conflict with what we know? remember that some types of information are easier to observe and report on than others. are there inner contradictions in the testimony? = = = judge guidelines = = = in 2011, the new jersey supreme court created new rules for the admissibility of eyewitness testimony in court. the new rules require judges to explain to jurors any influences that may heighten the risk for error in the testimony. the rules are part of nationwide court reform that attempts to improve the validity of eyewitness testimony and lower the rate of false conviction. = = see also = = anecdotal evidence – evidence relying on personal testimony confabulation – recall of fabricated, misinterpreted or distorted memories ( false memory ) forensic psychology – using psychological science to help answer legal questions legal psychology – psychological research of the law mistaken identity – legal defense = = references = = = = external links = = identifying the culprit : assessing eyewitness identification ( 2014 ) - free download of book by the national academy of sciences summarizing research and recommending best practices evidence - based justice : corrupted memory, nature, 14 aug 2013 " supreme
Answer:
|
She had heard Daly speak many times, but never over the telephone.
| 0.3 |
Devlin was the owner of a large subdivision. Parnell became interested in purchasing a lot but could not decide between Lot 40 and Lot 41. The price and fair market value of each of those two lots was $5,000. Parnell paid Devlin $5,000, which Devlin accepted, and Devlin delivered to Parnell a deed which was properly executed, complete, and ready for recording in every detail except that the space in the deed for the lot number was left blank. Devlin told Parnell to fill in either Lot 40 or Lot 41 according to his decision and then to record the deed. Parnell visited the development the next day and completely changed his mind, selecting Lot 25. He filled in Lot 25 and duly recorded the deed. The price of Lot 25 and its fair market value was $7,500.Immediately upon learning what Parnell had done, Devlin brought an appropriate action against Parnell to rescind the transaction. If Devlin loses, the most likely basis for the judgment is that
0. Devlin's casual business practices created his loss.
1. the need for certainty in land title records controls.
2. the agency implied to complete the deed cannot be restricted by the oral understanding.
3. the recording of the deed precludes any questioning of its provisions in its recorded form.
rational ) individual will pay no more for a property than it would cost to purchase a comparable substitute property. the approach recognizes that a typical buyer will compare asking prices and seek to purchase the property that meets his or her wants and needs for the lowest cost. in developing the sales comparison approach, the appraiser attempts to interpret and measure the actions of parties involved in the marketplace, including buyers, sellers, and investors. = = = = data collection methods and valuation process = = = = data is collected on recent sales of properties similar to the subject being valued, called " comparables ". only sold properties may be used in an appraisal and determination of a property's value, as they represent amounts actually paid or agreed upon for properties. sources of comparable data include real estate publications, public records, buyers, sellers, real estate brokers and / or agents, appraisers, and so on. important details of each comparable sale are described in the appraisal report. since comparable sales are not identical to the subject property, adjustments may be made for date of sale, location, style, amenities, square footage, site size, etc. the main idea is to simulate the price that would have been paid if each comparable sale were identical to the subject property. if the comparable is superior to the subject in a factor or aspect, then a downward adjustment is needed for that factor. likewise, if the comparable is inferior to the subject in an aspect, then an upward adjustment for that aspect is needed. the adjustment is somewhat subjective and relies on the appraiser's training and experience. from the analysis of the group of adjusted sales prices of the comparable sales, the appraiser selects an indicator of value that is representative of the subject property. it is possible for various appraisers to choose a different indicator of value which ultimately will provide different property value. = = = = steps in the sales comparison approach = = = = research the market to obtain information pertaining to sales, and pending sales that are similar to the subject property investigate the market data to determine whether they are factually correct and accurate determine relevant units of comparison ( e. g., sales price per square foot ), and develop a comparative analysis for each compare the subject and comparable sales according to the elements of comparison and adjust as appropriate reconcile the multiple value indications that result from the adjustment ( upward or downward ) of the comparable sales into a single value indication = = = the cost approach = = = the cost approach was once called the summation approach
. it assumes a seller who is compelled to sell after an exposure period which is less than the market - normal time - frame. = = = price vs value = = = there can be differences between what the property is worth ( market value ) and what it cost to buy it ( price ). a price paid might not represent that property's market value. sometimes, special considerations may have been present, such as a special relationship between the buyer and the seller where one party had control or significant influence over the other party. in other cases, the transaction may have been just one of several properties sold or traded between two parties. in such cases, the price paid for any particular piece is not its market " value " ( with the idea usually being, though, that all the pieces and prices add up to the market value of all the parts ) but rather it's market " price ". at other times, a buyer may willingly pay a premium price, above the generally accepted market value, if his subjective valuation of the property ( its investment value for him ) was higher than the market value. one specific example of this is an owner of a neighboring property who, by combining his property with the subject property ( assemblage ), could obtain economies - of - scale and added value ( plottage value ). similar situations sometimes happen in corporate finance. for example, this can occur when a merger or acquisition happens at a price which is higher than the value represented by the price of the underlying stock. the usual explanation for these types of mergers and acquisitions is that " the sum is greater than its parts ", since full ownership of a company provides full control of it. this is something that purchasers will sometimes pay a high price for. this situation can happen in real estate purchases too. but the most common reason for value differing from price is that either the buyer or the seller is uninformed as to what a property's market value is but nevertheless agrees on a contract at a certain price which is either too expensive or too cheap. this is unfortunate for one of the two parties. it is the obligation of a real property appraiser to estimate the true market value of a property and not its market price. frequently, properties are assessed at a value below their market values ; this is known as fractional assessment. fractional assessment can result in properties that are assessed at 10 % or less of their given market values. = = = market value definitions in the united states = = = in the united states, apprai
s $ 6 million ( £2. 5m ). mp david heath requested a debate in the house of commons following the offering of 209 plots in the village of dean, saying that " while land banking may not be illegal it is undoubtedly a scam ". the uk land registry issued a press release on january 15, 2009 advising consumers that the land registry has published a guide warning against land banking investment schemes. land registry head of corporate legal services mike westcott rudd said that the public were being " misled about the prospects of obtaining planning permission ", with well - known banks and developers being falsely cited as partners in the project, and that in some cases forged land registry paperwork was being presented to suggest that planning approval existed where it did not. as a result of the significant controversy and media coverage land banking received, many directors and officials of companies involved were prosecuted and handed custodial sentences by the courts. = = = united states = = = = = = = government = = = = in 2011 new york state passed a land bank statute authorizing the establishment of nonprofits in each county to take title to vacant abandoned homes so they can be rehabilitated, sold or demolished in an orderly fashion. many counties upstate including erie county, onondaga county, schenectady county and albany county have abandoned homes as people moved to the suburbs. some properties have been abandoned due to back taxes and the city has taken title. the recent robo - signing settlement gave attorney general eric schneiderman the wherewithal to fund land banks in schenectady and albany. the state of michigan also has a land bank program. ohio passed land bank legislation in 2009. = = = = commercial = = = = land banking as an investment is nothing new to america. several self - made billionaires started by purchasing large tracts in california where the development opportunities had not yet arisen. people such as bob hope and donald trump have reaped tremendous rewards from buying large areas and holding the property until the market commanded a considerable return when sold. there have, however, also been many land scams in the us, such as the large areas of florida swampland which were sold as being suitable for real estate. florida land scams have history as far back as the 1920s florida land rush. many florida counties have traces of these land scams today. polk county, florida, in particular has been devastated with land banking scams. polk county, being the land that lies between the city of tampa, in hillsborough county florida and the city of
treasury stock is sold back on the open market, the paid - in capital is either debited or credited if it is sold for less or more than the initial cost respectively. another common way for accounting for treasury stock is the par value method. in the par value method, when the stock is purchased back from the market, the books will reflect the action as a retirement of the shares. therefore, common stock is debited and treasury stock is credited. however, when the treasury stock is resold back to the market the entry in the books will be the same as the cost method. in either method, any transaction involving treasury stock cannot increase the amount of retained earnings. if the treasury stock is sold for more than cost, then the paid - in capital treasury stock is the account that is increased, not retained earnings. in auditing financial statements, it is a common practice to check for this error to detect possible attempts to " cook the books ". = = united states regulations = = in the united states, buybacks are covered by multiple laws under the auspices of the securities and exchange commission. = = united kingdom regulations = = in the uk, the companies act 1955 disallowed companies from holding their own shares. however, the companies act 1985 later repealed this. = = see also = = = = notes = = = = further reading = = cho, sung ick. " treasury stock sales and management rights protection : conflicts of interest between an owner - manager and small shareholders. " kdi journal of economic policy 39. 3 ( 2017 ) : 63 - 98. online xia, belle selene, elia liitiainen, and ignace de beelde. " accounting conservatism, financial reporting and stock returns. " accounting and management information systems 18. 1 ( 2019 ) : 5 - 24. online
= sales methods = = = = a company representative may contact an individual by telephone, in temporary shopping center booths, or at property shows and offer a strategic land investment in the uk. very often uk government or industry statistics, the proximity of the land to built up areas, or the recent history of uk house prices are quoted as a demonstration of why the land plot is a great investment. verbal communication will often indicate that the land is fast tracked for building approval and has strong potential as building land. when pricing the land reference is typically made to approved building land prices at the market peak. very often the land banking company will present detailed plans showing a housing development on the site. these plans are often referred to as " pre - approved ", " concept " or " predevelopment ". the sales person will focus on the potential future value of the land against the current selling price. no reference is ever made to the value of green belts or agricultural land, or the issues involved with long - term maintenance, or collectively selling tiny plots of land. the sales price is typically increased 10 – 100 times over the current value of the land. plans shown have no validity in uk planning law and cannot be considered an indication of progress in the planning process. no written contractual promise is ever given for planning permission despite the typically extreme optimism of the salesperson. the salesperson will typically never mention that the land is protected, or greenbelt land and cannot be developed under current planning regulations. there is typically no possibility of getting planning permission in any reasonable timeframe. the investor may end up paying a considerable amount of money for a small area of low - value land which has a very high risk of standing undeveloped. once the general public becomes aware of the lack of viability of the proposed plot investment scheme, the real value of the individual plots collapses. this is typically followed by the land plot company liquidating completely, or relocating to another legal jurisdiction. for customers that show a willingness to purchase such schemes, there may also be attempts to sell additional plot based land banking products at alternate locations, or other high yield investment programmes. customers may also be added to suckers lists which are then sold to other companies offering similar schemes. when the land banking plot company fails, plot investors may also be offered investment recovery or planning services for a fee. such services typically are fraudulent or fail and lead to a further loss of money for the investor. = = = = controversies = = = = a you and yours documentary, first aired on bbc radio 4 in december 2006
Answer:
|
the agency implied to complete the deed cannot be restricted by the oral understanding.
| null |
Devlin was the owner of a large subdivision. Parnell became interested in purchasing a lot but could not decide between Lot 40 and Lot 41. The price and fair market value of each of those two lots was $5,000. Parnell paid Devlin $5,000, which Devlin accepted, and Devlin delivered to Parnell a deed which was properly executed, complete, and ready for recording in every detail except that the space in the deed for the lot number was left blank. Devlin told Parnell to fill in either Lot 40 or Lot 41 according to his decision and then to record the deed. Parnell visited the development the next day and completely changed his mind, selecting Lot 25. He filled in Lot 25 and duly recorded the deed. The price of Lot 25 and its fair market value was $7,500.Immediately upon learning what Parnell had done, Devlin brought an appropriate action against Parnell to rescind the transaction. If Devlin loses, the most likely basis for the judgment is that
0. Devlin's casual business practices created his loss.
1. the need for certainty in land title records controls.
2. the agency implied to complete the deed cannot be restricted by the oral understanding.
3. the recording of the deed precludes any questioning of its provisions in its recorded form.
rational ) individual will pay no more for a property than it would cost to purchase a comparable substitute property. the approach recognizes that a typical buyer will compare asking prices and seek to purchase the property that meets his or her wants and needs for the lowest cost. in developing the sales comparison approach, the appraiser attempts to interpret and measure the actions of parties involved in the marketplace, including buyers, sellers, and investors. = = = = data collection methods and valuation process = = = = data is collected on recent sales of properties similar to the subject being valued, called " comparables ". only sold properties may be used in an appraisal and determination of a property's value, as they represent amounts actually paid or agreed upon for properties. sources of comparable data include real estate publications, public records, buyers, sellers, real estate brokers and / or agents, appraisers, and so on. important details of each comparable sale are described in the appraisal report. since comparable sales are not identical to the subject property, adjustments may be made for date of sale, location, style, amenities, square footage, site size, etc. the main idea is to simulate the price that would have been paid if each comparable sale were identical to the subject property. if the comparable is superior to the subject in a factor or aspect, then a downward adjustment is needed for that factor. likewise, if the comparable is inferior to the subject in an aspect, then an upward adjustment for that aspect is needed. the adjustment is somewhat subjective and relies on the appraiser's training and experience. from the analysis of the group of adjusted sales prices of the comparable sales, the appraiser selects an indicator of value that is representative of the subject property. it is possible for various appraisers to choose a different indicator of value which ultimately will provide different property value. = = = = steps in the sales comparison approach = = = = research the market to obtain information pertaining to sales, and pending sales that are similar to the subject property investigate the market data to determine whether they are factually correct and accurate determine relevant units of comparison ( e. g., sales price per square foot ), and develop a comparative analysis for each compare the subject and comparable sales according to the elements of comparison and adjust as appropriate reconcile the multiple value indications that result from the adjustment ( upward or downward ) of the comparable sales into a single value indication = = = the cost approach = = = the cost approach was once called the summation approach
. it assumes a seller who is compelled to sell after an exposure period which is less than the market - normal time - frame. = = = price vs value = = = there can be differences between what the property is worth ( market value ) and what it cost to buy it ( price ). a price paid might not represent that property's market value. sometimes, special considerations may have been present, such as a special relationship between the buyer and the seller where one party had control or significant influence over the other party. in other cases, the transaction may have been just one of several properties sold or traded between two parties. in such cases, the price paid for any particular piece is not its market " value " ( with the idea usually being, though, that all the pieces and prices add up to the market value of all the parts ) but rather it's market " price ". at other times, a buyer may willingly pay a premium price, above the generally accepted market value, if his subjective valuation of the property ( its investment value for him ) was higher than the market value. one specific example of this is an owner of a neighboring property who, by combining his property with the subject property ( assemblage ), could obtain economies - of - scale and added value ( plottage value ). similar situations sometimes happen in corporate finance. for example, this can occur when a merger or acquisition happens at a price which is higher than the value represented by the price of the underlying stock. the usual explanation for these types of mergers and acquisitions is that " the sum is greater than its parts ", since full ownership of a company provides full control of it. this is something that purchasers will sometimes pay a high price for. this situation can happen in real estate purchases too. but the most common reason for value differing from price is that either the buyer or the seller is uninformed as to what a property's market value is but nevertheless agrees on a contract at a certain price which is either too expensive or too cheap. this is unfortunate for one of the two parties. it is the obligation of a real property appraiser to estimate the true market value of a property and not its market price. frequently, properties are assessed at a value below their market values ; this is known as fractional assessment. fractional assessment can result in properties that are assessed at 10 % or less of their given market values. = = = market value definitions in the united states = = = in the united states, apprai
s $ 6 million ( £2. 5m ). mp david heath requested a debate in the house of commons following the offering of 209 plots in the village of dean, saying that " while land banking may not be illegal it is undoubtedly a scam ". the uk land registry issued a press release on january 15, 2009 advising consumers that the land registry has published a guide warning against land banking investment schemes. land registry head of corporate legal services mike westcott rudd said that the public were being " misled about the prospects of obtaining planning permission ", with well - known banks and developers being falsely cited as partners in the project, and that in some cases forged land registry paperwork was being presented to suggest that planning approval existed where it did not. as a result of the significant controversy and media coverage land banking received, many directors and officials of companies involved were prosecuted and handed custodial sentences by the courts. = = = united states = = = = = = = government = = = = in 2011 new york state passed a land bank statute authorizing the establishment of nonprofits in each county to take title to vacant abandoned homes so they can be rehabilitated, sold or demolished in an orderly fashion. many counties upstate including erie county, onondaga county, schenectady county and albany county have abandoned homes as people moved to the suburbs. some properties have been abandoned due to back taxes and the city has taken title. the recent robo - signing settlement gave attorney general eric schneiderman the wherewithal to fund land banks in schenectady and albany. the state of michigan also has a land bank program. ohio passed land bank legislation in 2009. = = = = commercial = = = = land banking as an investment is nothing new to america. several self - made billionaires started by purchasing large tracts in california where the development opportunities had not yet arisen. people such as bob hope and donald trump have reaped tremendous rewards from buying large areas and holding the property until the market commanded a considerable return when sold. there have, however, also been many land scams in the us, such as the large areas of florida swampland which were sold as being suitable for real estate. florida land scams have history as far back as the 1920s florida land rush. many florida counties have traces of these land scams today. polk county, florida, in particular has been devastated with land banking scams. polk county, being the land that lies between the city of tampa, in hillsborough county florida and the city of
treasury stock is sold back on the open market, the paid - in capital is either debited or credited if it is sold for less or more than the initial cost respectively. another common way for accounting for treasury stock is the par value method. in the par value method, when the stock is purchased back from the market, the books will reflect the action as a retirement of the shares. therefore, common stock is debited and treasury stock is credited. however, when the treasury stock is resold back to the market the entry in the books will be the same as the cost method. in either method, any transaction involving treasury stock cannot increase the amount of retained earnings. if the treasury stock is sold for more than cost, then the paid - in capital treasury stock is the account that is increased, not retained earnings. in auditing financial statements, it is a common practice to check for this error to detect possible attempts to " cook the books ". = = united states regulations = = in the united states, buybacks are covered by multiple laws under the auspices of the securities and exchange commission. = = united kingdom regulations = = in the uk, the companies act 1955 disallowed companies from holding their own shares. however, the companies act 1985 later repealed this. = = see also = = = = notes = = = = further reading = = cho, sung ick. " treasury stock sales and management rights protection : conflicts of interest between an owner - manager and small shareholders. " kdi journal of economic policy 39. 3 ( 2017 ) : 63 - 98. online xia, belle selene, elia liitiainen, and ignace de beelde. " accounting conservatism, financial reporting and stock returns. " accounting and management information systems 18. 1 ( 2019 ) : 5 - 24. online
= sales methods = = = = a company representative may contact an individual by telephone, in temporary shopping center booths, or at property shows and offer a strategic land investment in the uk. very often uk government or industry statistics, the proximity of the land to built up areas, or the recent history of uk house prices are quoted as a demonstration of why the land plot is a great investment. verbal communication will often indicate that the land is fast tracked for building approval and has strong potential as building land. when pricing the land reference is typically made to approved building land prices at the market peak. very often the land banking company will present detailed plans showing a housing development on the site. these plans are often referred to as " pre - approved ", " concept " or " predevelopment ". the sales person will focus on the potential future value of the land against the current selling price. no reference is ever made to the value of green belts or agricultural land, or the issues involved with long - term maintenance, or collectively selling tiny plots of land. the sales price is typically increased 10 – 100 times over the current value of the land. plans shown have no validity in uk planning law and cannot be considered an indication of progress in the planning process. no written contractual promise is ever given for planning permission despite the typically extreme optimism of the salesperson. the salesperson will typically never mention that the land is protected, or greenbelt land and cannot be developed under current planning regulations. there is typically no possibility of getting planning permission in any reasonable timeframe. the investor may end up paying a considerable amount of money for a small area of low - value land which has a very high risk of standing undeveloped. once the general public becomes aware of the lack of viability of the proposed plot investment scheme, the real value of the individual plots collapses. this is typically followed by the land plot company liquidating completely, or relocating to another legal jurisdiction. for customers that show a willingness to purchase such schemes, there may also be attempts to sell additional plot based land banking products at alternate locations, or other high yield investment programmes. customers may also be added to suckers lists which are then sold to other companies offering similar schemes. when the land banking plot company fails, plot investors may also be offered investment recovery or planning services for a fee. such services typically are fraudulent or fail and lead to a further loss of money for the investor. = = = = controversies = = = = a you and yours documentary, first aired on bbc radio 4 in december 2006
Answer:
|
Devlin's casual business practices created his loss.
| 0.3 |
Devlin was the owner of a large subdivision. Parnell became interested in purchasing a lot but could not decide between Lot 40 and Lot 41. The price and fair market value of each of those two lots was $5,000. Parnell paid Devlin $5,000, which Devlin accepted, and Devlin delivered to Parnell a deed which was properly executed, complete, and ready for recording in every detail except that the space in the deed for the lot number was left blank. Devlin told Parnell to fill in either Lot 40 or Lot 41 according to his decision and then to record the deed. Parnell visited the development the next day and completely changed his mind, selecting Lot 25. He filled in Lot 25 and duly recorded the deed. The price of Lot 25 and its fair market value was $7,500.Assume the following facts for this question only. Before Devlin had time to learn of Parnell's actions, Parnell sold Lot 25 to Caruso for $6,000 by a duly and properly executed, delivered, and recorded warranty deed. Caruso knew that Devlin had put a price of $7,500 on 14 Lot 25, but he knew no other facts regarding the Devlin-Parnell transaction. Caruso's attorney accurately reported Parnell's record title to be good, marketable, and free of encumbrances. Neither Caruso nor his attorney made any further investigation outside the record. Devlin brought an appropriate action against Caruso to recover title to Lot 25. If Devlin loses, the most likely basis for the judgment is that
0. the Statute of Frauds prevents the introduction of any evidence of Devlin's and Parnell's agreement
1. recording of the deed from Devlin to Parnell precludes any question of its genuineness.
2. as between Devlin and a bona fide purchaser, Devlin is estopped.
3. the clean hands doctrine bars Devlin from relief
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 : "
currency values and exchange rates play a crucial part in the rate of return on investments. value for an investor, is the exchange rate of the currency which, contains the bulk of a portfolio, determining its real return. a declining value in the exchange rate has the effect of decreasing the purchasing power of income and capital gains, derived from any returns. in addition, other income factors such as interest rates, inflation and even capital gains from domestic securities, are influenced by the influential and complex factors, of the exchange rate. = = legal interpretation = = the case of luxmoore - may and another v. messenger may baverstock [ 1990 ] 1 w. l. r. 1009 shows us the legal interpretation of market value : " the measure of damage in this case is, i conclude, the difference between what the foxhounds in fact realised consequent on the defendants'breach of contract and what was their true open market value at that time. what better guide could there be to that value than the price at which these paintings happened to be knocked down at sotheby's so shortly afterwards? the price which the international art market was willing to pay was surely prima facie the best evidence of the foxhounds'value. " = = references = =
. it assumes a seller who is compelled to sell after an exposure period which is less than the market - normal time - frame. = = = price vs value = = = there can be differences between what the property is worth ( market value ) and what it cost to buy it ( price ). a price paid might not represent that property's market value. sometimes, special considerations may have been present, such as a special relationship between the buyer and the seller where one party had control or significant influence over the other party. in other cases, the transaction may have been just one of several properties sold or traded between two parties. in such cases, the price paid for any particular piece is not its market " value " ( with the idea usually being, though, that all the pieces and prices add up to the market value of all the parts ) but rather it's market " price ". at other times, a buyer may willingly pay a premium price, above the generally accepted market value, if his subjective valuation of the property ( its investment value for him ) was higher than the market value. one specific example of this is an owner of a neighboring property who, by combining his property with the subject property ( assemblage ), could obtain economies - of - scale and added value ( plottage value ). similar situations sometimes happen in corporate finance. for example, this can occur when a merger or acquisition happens at a price which is higher than the value represented by the price of the underlying stock. the usual explanation for these types of mergers and acquisitions is that " the sum is greater than its parts ", since full ownership of a company provides full control of it. this is something that purchasers will sometimes pay a high price for. this situation can happen in real estate purchases too. but the most common reason for value differing from price is that either the buyer or the seller is uninformed as to what a property's market value is but nevertheless agrees on a contract at a certain price which is either too expensive or too cheap. this is unfortunate for one of the two parties. it is the obligation of a real property appraiser to estimate the true market value of a property and not its market price. frequently, properties are assessed at a value below their market values ; this is known as fractional assessment. fractional assessment can result in properties that are assessed at 10 % or less of their given market values. = = = market value definitions in the united states = = = in the united states, apprai
rational ) individual will pay no more for a property than it would cost to purchase a comparable substitute property. the approach recognizes that a typical buyer will compare asking prices and seek to purchase the property that meets his or her wants and needs for the lowest cost. in developing the sales comparison approach, the appraiser attempts to interpret and measure the actions of parties involved in the marketplace, including buyers, sellers, and investors. = = = = data collection methods and valuation process = = = = data is collected on recent sales of properties similar to the subject being valued, called " comparables ". only sold properties may be used in an appraisal and determination of a property's value, as they represent amounts actually paid or agreed upon for properties. sources of comparable data include real estate publications, public records, buyers, sellers, real estate brokers and / or agents, appraisers, and so on. important details of each comparable sale are described in the appraisal report. since comparable sales are not identical to the subject property, adjustments may be made for date of sale, location, style, amenities, square footage, site size, etc. the main idea is to simulate the price that would have been paid if each comparable sale were identical to the subject property. if the comparable is superior to the subject in a factor or aspect, then a downward adjustment is needed for that factor. likewise, if the comparable is inferior to the subject in an aspect, then an upward adjustment for that aspect is needed. the adjustment is somewhat subjective and relies on the appraiser's training and experience. from the analysis of the group of adjusted sales prices of the comparable sales, the appraiser selects an indicator of value that is representative of the subject property. it is possible for various appraisers to choose a different indicator of value which ultimately will provide different property value. = = = = steps in the sales comparison approach = = = = research the market to obtain information pertaining to sales, and pending sales that are similar to the subject property investigate the market data to determine whether they are factually correct and accurate determine relevant units of comparison ( e. g., sales price per square foot ), and develop a comparative analysis for each compare the subject and comparable sales according to the elements of comparison and adjust as appropriate reconcile the multiple value indications that result from the adjustment ( upward or downward ) of the comparable sales into a single value indication = = = the cost approach = = = the cost approach was once called the summation approach
. the results revealed that sellers'valuations were closer to the known retail prices than those of buyers. a second line of studies is a meta - analysis of buying and selling of lotteries. a review of over 30 empirical studies showed that selling prices were closer to the lottery's expected value, which is the normative price of the lottery : hence the endowment effect was consistent with buyers'tendency to under - price lotteries as compared to the normative price. one possible reason for this tendency of buyers to indicate lower prices is their risk aversion. by contrast, sellers may assume that the market is heterogeneous enough to include buyers with potential risk neutrality and therefore adjust their price closer to a risk neutral expected value. = = = biased information processing theories = = = several cognitive accounts of the endowment effect suggest that it is induced by the way endowment status changes the search for, attention to, recollection of, and weighting of information regarding the transaction. frames evoked by acquisition of a good ( e. g., buying, choosing it rather than another good ) may increase the cognitive accessibility of information favoring the decision to keep one's money and not acquire the good. by contrast, frames evoked by disposition of the good ( e. g., selling ) may increase the cognitive accessibility of information favoring the decision to keep the good rather than trade or dispose of it for money ( for a review, see morewedge & giblin, 2015 ). for example, johnson and colleagues ( 2007 ) found that prospective mug buyers tended to recall reasons to keep their money before recalling reasons to buy the mug, whereas sellers tended to recall reasons to keep their mug before reasons to sell it for money. = = = evolutionary arguments = = = huck, kirchsteiger & oechssler ( 2005 ) have raised the hypothesis that natural selection may favor individuals whose preferences embody an endowment effect given that it may improve one's bargaining position in bilateral trades. thus in a small tribal society with a few alternative sellers ( i. e. where the buyer may not have the option of moving to an alternative seller ), having a predisposition towards embodying the endowment effect may be evolutionarily beneficial. this may be linked with findings ( shogren, et al., 1994 ) that suggest the endowment effect is less strong when the relatively artificial sense of scarcity induced in experimental settings is lessened. countervailing evidence for an evolutionary account is provided by studies showing that the
Answer:
|
as between Devlin and a bona fide purchaser, Devlin is estopped.
| null |
Devlin was the owner of a large subdivision. Parnell became interested in purchasing a lot but could not decide between Lot 40 and Lot 41. The price and fair market value of each of those two lots was $5,000. Parnell paid Devlin $5,000, which Devlin accepted, and Devlin delivered to Parnell a deed which was properly executed, complete, and ready for recording in every detail except that the space in the deed for the lot number was left blank. Devlin told Parnell to fill in either Lot 40 or Lot 41 according to his decision and then to record the deed. Parnell visited the development the next day and completely changed his mind, selecting Lot 25. He filled in Lot 25 and duly recorded the deed. The price of Lot 25 and its fair market value was $7,500.Assume the following facts for this question only. Before Devlin had time to learn of Parnell's actions, Parnell sold Lot 25 to Caruso for $6,000 by a duly and properly executed, delivered, and recorded warranty deed. Caruso knew that Devlin had put a price of $7,500 on 14 Lot 25, but he knew no other facts regarding the Devlin-Parnell transaction. Caruso's attorney accurately reported Parnell's record title to be good, marketable, and free of encumbrances. Neither Caruso nor his attorney made any further investigation outside the record. Devlin brought an appropriate action against Caruso to recover title to Lot 25. If Devlin loses, the most likely basis for the judgment is that
0. the Statute of Frauds prevents the introduction of any evidence of Devlin's and Parnell's agreement
1. recording of the deed from Devlin to Parnell precludes any question of its genuineness.
2. as between Devlin and a bona fide purchaser, Devlin is estopped.
3. the clean hands doctrine bars Devlin from relief
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 : "
currency values and exchange rates play a crucial part in the rate of return on investments. value for an investor, is the exchange rate of the currency which, contains the bulk of a portfolio, determining its real return. a declining value in the exchange rate has the effect of decreasing the purchasing power of income and capital gains, derived from any returns. in addition, other income factors such as interest rates, inflation and even capital gains from domestic securities, are influenced by the influential and complex factors, of the exchange rate. = = legal interpretation = = the case of luxmoore - may and another v. messenger may baverstock [ 1990 ] 1 w. l. r. 1009 shows us the legal interpretation of market value : " the measure of damage in this case is, i conclude, the difference between what the foxhounds in fact realised consequent on the defendants'breach of contract and what was their true open market value at that time. what better guide could there be to that value than the price at which these paintings happened to be knocked down at sotheby's so shortly afterwards? the price which the international art market was willing to pay was surely prima facie the best evidence of the foxhounds'value. " = = references = =
. it assumes a seller who is compelled to sell after an exposure period which is less than the market - normal time - frame. = = = price vs value = = = there can be differences between what the property is worth ( market value ) and what it cost to buy it ( price ). a price paid might not represent that property's market value. sometimes, special considerations may have been present, such as a special relationship between the buyer and the seller where one party had control or significant influence over the other party. in other cases, the transaction may have been just one of several properties sold or traded between two parties. in such cases, the price paid for any particular piece is not its market " value " ( with the idea usually being, though, that all the pieces and prices add up to the market value of all the parts ) but rather it's market " price ". at other times, a buyer may willingly pay a premium price, above the generally accepted market value, if his subjective valuation of the property ( its investment value for him ) was higher than the market value. one specific example of this is an owner of a neighboring property who, by combining his property with the subject property ( assemblage ), could obtain economies - of - scale and added value ( plottage value ). similar situations sometimes happen in corporate finance. for example, this can occur when a merger or acquisition happens at a price which is higher than the value represented by the price of the underlying stock. the usual explanation for these types of mergers and acquisitions is that " the sum is greater than its parts ", since full ownership of a company provides full control of it. this is something that purchasers will sometimes pay a high price for. this situation can happen in real estate purchases too. but the most common reason for value differing from price is that either the buyer or the seller is uninformed as to what a property's market value is but nevertheless agrees on a contract at a certain price which is either too expensive or too cheap. this is unfortunate for one of the two parties. it is the obligation of a real property appraiser to estimate the true market value of a property and not its market price. frequently, properties are assessed at a value below their market values ; this is known as fractional assessment. fractional assessment can result in properties that are assessed at 10 % or less of their given market values. = = = market value definitions in the united states = = = in the united states, apprai
rational ) individual will pay no more for a property than it would cost to purchase a comparable substitute property. the approach recognizes that a typical buyer will compare asking prices and seek to purchase the property that meets his or her wants and needs for the lowest cost. in developing the sales comparison approach, the appraiser attempts to interpret and measure the actions of parties involved in the marketplace, including buyers, sellers, and investors. = = = = data collection methods and valuation process = = = = data is collected on recent sales of properties similar to the subject being valued, called " comparables ". only sold properties may be used in an appraisal and determination of a property's value, as they represent amounts actually paid or agreed upon for properties. sources of comparable data include real estate publications, public records, buyers, sellers, real estate brokers and / or agents, appraisers, and so on. important details of each comparable sale are described in the appraisal report. since comparable sales are not identical to the subject property, adjustments may be made for date of sale, location, style, amenities, square footage, site size, etc. the main idea is to simulate the price that would have been paid if each comparable sale were identical to the subject property. if the comparable is superior to the subject in a factor or aspect, then a downward adjustment is needed for that factor. likewise, if the comparable is inferior to the subject in an aspect, then an upward adjustment for that aspect is needed. the adjustment is somewhat subjective and relies on the appraiser's training and experience. from the analysis of the group of adjusted sales prices of the comparable sales, the appraiser selects an indicator of value that is representative of the subject property. it is possible for various appraisers to choose a different indicator of value which ultimately will provide different property value. = = = = steps in the sales comparison approach = = = = research the market to obtain information pertaining to sales, and pending sales that are similar to the subject property investigate the market data to determine whether they are factually correct and accurate determine relevant units of comparison ( e. g., sales price per square foot ), and develop a comparative analysis for each compare the subject and comparable sales according to the elements of comparison and adjust as appropriate reconcile the multiple value indications that result from the adjustment ( upward or downward ) of the comparable sales into a single value indication = = = the cost approach = = = the cost approach was once called the summation approach
. the results revealed that sellers'valuations were closer to the known retail prices than those of buyers. a second line of studies is a meta - analysis of buying and selling of lotteries. a review of over 30 empirical studies showed that selling prices were closer to the lottery's expected value, which is the normative price of the lottery : hence the endowment effect was consistent with buyers'tendency to under - price lotteries as compared to the normative price. one possible reason for this tendency of buyers to indicate lower prices is their risk aversion. by contrast, sellers may assume that the market is heterogeneous enough to include buyers with potential risk neutrality and therefore adjust their price closer to a risk neutral expected value. = = = biased information processing theories = = = several cognitive accounts of the endowment effect suggest that it is induced by the way endowment status changes the search for, attention to, recollection of, and weighting of information regarding the transaction. frames evoked by acquisition of a good ( e. g., buying, choosing it rather than another good ) may increase the cognitive accessibility of information favoring the decision to keep one's money and not acquire the good. by contrast, frames evoked by disposition of the good ( e. g., selling ) may increase the cognitive accessibility of information favoring the decision to keep the good rather than trade or dispose of it for money ( for a review, see morewedge & giblin, 2015 ). for example, johnson and colleagues ( 2007 ) found that prospective mug buyers tended to recall reasons to keep their money before recalling reasons to buy the mug, whereas sellers tended to recall reasons to keep their mug before reasons to sell it for money. = = = evolutionary arguments = = = huck, kirchsteiger & oechssler ( 2005 ) have raised the hypothesis that natural selection may favor individuals whose preferences embody an endowment effect given that it may improve one's bargaining position in bilateral trades. thus in a small tribal society with a few alternative sellers ( i. e. where the buyer may not have the option of moving to an alternative seller ), having a predisposition towards embodying the endowment effect may be evolutionarily beneficial. this may be linked with findings ( shogren, et al., 1994 ) that suggest the endowment effect is less strong when the relatively artificial sense of scarcity induced in experimental settings is lessened. countervailing evidence for an evolutionary account is provided by studies showing that the
Answer:
|
the Statute of Frauds prevents the introduction of any evidence of Devlin's and Parnell's agreement
| 0.3 |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.