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Storekeeper, the owner of a large hardware store, sells power saws for both personal and commercial use. He often takes old power saws as trade-ins on new ones. The old power saws are then completely disassembled and rebuilt with new bearings by Storekeeper's employees and sold by Storekeeper as "reconditioned saws." Purchaser, the owner and operator of a cabinetmaking shop, informed Storekeeper that he wanted to buy a reconditioned circular saw for use in his cabinetmaking business. However, the blade that was on the saw he picked out had very coarse teeth for cutting rough lumber. Purchaser told Storekeeper that he wanted a saw blade that would cut plywood. Storekeeper exchanged the coarse blade for a new one with finer teeth that would cut plywood smoothly. The new blade was manufactured by Saw-Blade Company, which uses all available techniques to inspect its products for defects. The reconditioned saw had been manufactured by Power Saw Company. The week after the saw was purchased, Employee, who works for Purchaser in Purchaser's cabinetmaking shop, was injured while using the saw. Employee's arm was severely cut. As a result, the cabinetmaking shop was shut down for a week until a replacement for Employee could be foundIf Employee was injured while cutting plywood because the shaft holding the saw blade came loose when a bearing gave way and the shaft and blade flew off the saw, and if Employee asserts a claim based on strict liability in tort against Power Saw Company, Employee will probably
0. recover if the shaft that came loose was a part of the saw when it was new.
1. recover, because Power Saw Company was in the business of manufacturing dangerous machines.
2. not recover, because Employee was not the buyer of the power saw.
3. not recover, because the saw had been rebuilt by Storekeepe
stump of a pole, tree or bamboo and the preservative is forced into the wood with pressure from the engine. = = = incising = = = first tested and patented in 1911 and 1912, this process consists of making shallow, slit - like holes in the surfaces of material to be treated, so that deeper and more uniform penetration of preservative may be obtained. incisions made in sawed material usually are parallel with the grain of the wood. this process is common in north america ( since the 1950s ), where douglas - fir products and pole butts of various species are prepared before treatment. it is most useful for woods that are resistant to side penetration, but allow preservative transport along the grain. in the region in which it is produced, it is common practice to incise all sawed douglas - fir 3 in ( 76 mm ) or more in thickness before treatment. unfortunately, the impregnation of spruce, the most important structural timber in large areas in europe, has shown that unsatisfactory treatment depths have been achieved with impregnation. the maximum penetration of 2 mm ( 0. 079 in ) is not sufficient to protect wood in weathered positions. the present - day incising machines consist essentially of four revolving drums fitted with teeth or needles or with lasers that burn the incisions into the wood. preservatives can be spread along the grain up to 20 mm ( 0. 79 in ) in radial and up to 2 mm ( 0. 079 in ) in tangential and radial direction. in north america, where smaller timber dimensions are common, incision depths of 4 to 6 mm ( 0. 16 to 0. 24 in ) have become standard. in europe, where larger dimensions are widespread, incision depths of 10 to 12 mm ( 0. 39 to 0. 47 in ) are necessary. the incisions are visible and often considered to be wood error. incisions by laser are significantly smaller than those of spokes or needles. the costs for each process type are approximately for spoke / conventional all - round incising β¬0. 50 / m2, by laser incising β¬3. 60 / m2 and by needle incision β¬1. 00 / m2. ( figures originate from the year 1998 and may vary from present day prices. ) = = = microwaving = = = an alternative increases the permeability of timber using microwave technology. there is some concern that this method may adversely affect the structural performance of the
will activate and start cutting the tree. same as disc saw head, it can hold multiple trees before they are placed on the ground. chain saw head β the floppy head provides minimal control to place the trees on the ground. it might not suit to collect the cut trees or gather the cut stems in the felling head. = = cost - effectiveness = = the purchase cost of a feller buncher is around $ 180, 000 usd and its fuel consumption and lubricant consumption is high among other mechanical harvesting equipment. the feller buncher also has the highest hourly cost which is around $ 99. 5 when comparing other equipment such as a harvesters and grapple skidders. although the total cost of feller buncher is high in overall, the unit production price is the lowest which explains why feller buncher is considered the most cost - effective harvesting equipment. the average unit cost of the feller buncher is $ 12. 1 / m3 while the unit cost of the harvesters is $ 16. 5 / m3. the unit cost of the feller buncher is primary affected by the tree size and the tree volume. the unit felling cost is lower when the tree size increased. for example, tree with 5 inches at dbh has the unit cost of $ 70 while tree with 15 inches at dbh has the unit cost of $ 12. as the cost of feller buncher is high, only large tree volume can produce more profit to cover the high average cost. in terms of stump height, lower stump height can maximise the use of natural resources and prevent wood waste. mechanical felling such as using feller buncher can prevent 30 % of value loss caused by the high stumps. = = maintenance = = feller buncher requires daily maintenance before operation and some components only require periodic maintenance. it could ensure the safety of operators and all the workers around the operation. if damaged or faulty machine is operated, it could result in further damage to the machine which can be more expensive to repair. = = = daily or every 8 hours = = = = = = = lubrication = = = = the felling head is considered one of the hardest part of the feller buncher and it is necessary to apply lubricant to every joint for daily maintenance. it is suggested to apply lubricant to saw head clamps, wrist attachment and driveshaft bearings during every maintenance. the use of grease should meet the extreme pressure performance standard and contains 3 % of moly
also costly. = = limitations = = feller buncher could be highly productive and cost - effective but there are several limitations. feller buncher is less beneficial when performing operations on a very rough and relatively steep land. for example, in appalachian hardwood area, trees have heavy crowns and are grown on the steep slopes which requires tracked feller bunchers in the operations. although tracked feller bunchers allow operations on a steep slope, the cost - effectiveness is not well studied. also, manual felling can operate on the steeper slopes than the feller bunchers do. on the other hand, feller bunchers are cost - effective only when there is a high volume of trees in the operations. if there is not enough timber to harvest, the unit cost can be expensive, especially when the majority of the operation site is steep slopes. a 2013, university of maine study suggests that the use of feller bunchers could cause medium to high level of stand damage from 7 % to 25 %. however, in comparison with other equipment such as harvesters, the damage that is caused by the feller bunchers is less severe. = = see also = = woodchipper harvester skidder logging truck stump grinder = = references = = = = external links = = media related to feller bunchers at wikimedia commons
equipment. reparability : the rental companies contribute to a product design facilitating maintenance and repair activities, the rental companies focus on spare parts management, the rental companies ask for increased information on product repair from the equipment manufacturers. resource use : rental companies search for equipment to offer the most sustainable option to their customers. rental companies provide theoretical and practical trainings to their customers to optimize the use of equipment. reusability : components of the dismantled construction equipment can be reused. recyclability : rental companies take care of their equipment by : repairing when it is still possible, recycling when it is at the end of its life cycle, selling it to second hand markets, if it complies with regulations. rental companies use their bargaining power to demand equipment suppliers to invest more in r & d to limit the use of non - recyclable material, and take responsibility for end - of - life of equipment by collecting, reusing or recycling. = = = = carbon footprint of construction equipment = = = = an independent research study on the carbon footprint of construction equipment has demonstrated that the rental business model stimulates the efficient use of equipment and that this efficient use lowers the total carbon footprint. depending on specific user practice, this can lead to significant reductions, in the range of 30 %. the researchers of the study built a calculator to determine the carbon footprint of the use of construction equipment, based on various parameters. the parameters with the biggest influence on the carbon footprint of equipment are : intensity of use - maximizing the utilisation rate could reduce the amount of equipment required using the right equipment for the job transportation - shorter distances to a jobsite and higher load factors of the vehicles transporting the equipment maintenance - allowing extended lifetime era used this study to develop a free online tool to determine exact carbon footprint of construction equipment per hour of use of the equipment. the era equipment co2 calculator. = = what can be rented = = the equipment rental market goes well beyond construction machinery and can include rental equipment such as a dedicated server housed in a data center. in addition to the construction sector, the rental market supplies a wide range of customers and industries, including gardening and landscaping, municipal and forestry services, the event industry [ like pa equipment, led screens, camera / videography equipment, etc ], it infrastructure, and private clients. depending on the customer segment, specialized machinery and equipment are available. furthermore, the equipment on rental offer is often complemented by additional services. a brief overview of the different categories of equipment
difficult for independent repair shops to maintain a stock of parts. a couple of court cases have required products with repaired or refurbished components to be labeled as " used. " in 1947, a business owner was refurbishing old spark plugs and reselling them. however, he was reselling them under a trademarked name. this led to a lawsuit that provided the framework for legislation that would provide a right to resell repaired or refurbished items, as long as they were labelled correctly. champion spark plug co. v. sanders provided the basis of ftc guidelines which provides an uninfringeable right to resell repaired or refurbished items as long as they were labeled as such. the decision also provided the framework for trademark guidelines regarding the resale of used goods under a trademarked namesake. ftc guidelines title 16, chapter i, subchapter b, part 20 provides guidance and regulations on the labeling of items that have been β rebuilt β, β refurbished β, or β re - manufactured β in order to prevent unfair competitive advantage in selling components in the automobile industry. this guideline hence allowed businesses the ability to repair items, for resale later. some manufacturers shifted towards more repairable designs. apple, which rose quickly to become one of the largest computer manufacturers, sold the first computers with circuit board descriptions, easy - to - swap components, and clear repair instructions. copyright with regard to computer software source code also became a front on the limitation of repairability. in the u. s., the digital millennium copyright act of 1998 prohibits repairs unless granted an exception, and has been used to block repairs as software became more common in a range of devices and appliances. to prevent refilling of empty ink cartridges, manufacturers had started placing microchips counting fill levels and usage, rendering refills difficult or impossible. reselling and refurbishing products was confirmed to be legal by the supreme court in 2017 in impression prods., inc. v. lexmark int'l, inc.. as of 2022, complaints about the longevity and repairability of printers remains. in the early 2000s, the automotive industry defeated the first proposal of a right to repair bill for the automotive sector. while the national automotive service task force ( nastf ), an organization supported by the automotive industry, established an online directory for accessing manufacturer information and tools in 2001, a study conducted by the terrance group found that around 59 % of independent repair services continued to struggle to get access to diagnostic tools and parts from manufacturers.
Answer:
|
not recover, because the saw had been rebuilt by Storekeepe
| null |
Storekeeper, the owner of a large hardware store, sells power saws for both personal and commercial use. He often takes old power saws as trade-ins on new ones. The old power saws are then completely disassembled and rebuilt with new bearings by Storekeeper's employees and sold by Storekeeper as "reconditioned saws." Purchaser, the owner and operator of a cabinetmaking shop, informed Storekeeper that he wanted to buy a reconditioned circular saw for use in his cabinetmaking business. However, the blade that was on the saw he picked out had very coarse teeth for cutting rough lumber. Purchaser told Storekeeper that he wanted a saw blade that would cut plywood. Storekeeper exchanged the coarse blade for a new one with finer teeth that would cut plywood smoothly. The new blade was manufactured by Saw-Blade Company, which uses all available techniques to inspect its products for defects. The reconditioned saw had been manufactured by Power Saw Company. The week after the saw was purchased, Employee, who works for Purchaser in Purchaser's cabinetmaking shop, was injured while using the saw. Employee's arm was severely cut. As a result, the cabinetmaking shop was shut down for a week until a replacement for Employee could be foundIf Employee was injured while cutting plywood because the shaft holding the saw blade came loose when a bearing gave way and the shaft and blade flew off the saw, and if Employee asserts a claim based on strict liability in tort against Power Saw Company, Employee will probably
0. recover if the shaft that came loose was a part of the saw when it was new.
1. recover, because Power Saw Company was in the business of manufacturing dangerous machines.
2. not recover, because Employee was not the buyer of the power saw.
3. not recover, because the saw had been rebuilt by Storekeepe
stump of a pole, tree or bamboo and the preservative is forced into the wood with pressure from the engine. = = = incising = = = first tested and patented in 1911 and 1912, this process consists of making shallow, slit - like holes in the surfaces of material to be treated, so that deeper and more uniform penetration of preservative may be obtained. incisions made in sawed material usually are parallel with the grain of the wood. this process is common in north america ( since the 1950s ), where douglas - fir products and pole butts of various species are prepared before treatment. it is most useful for woods that are resistant to side penetration, but allow preservative transport along the grain. in the region in which it is produced, it is common practice to incise all sawed douglas - fir 3 in ( 76 mm ) or more in thickness before treatment. unfortunately, the impregnation of spruce, the most important structural timber in large areas in europe, has shown that unsatisfactory treatment depths have been achieved with impregnation. the maximum penetration of 2 mm ( 0. 079 in ) is not sufficient to protect wood in weathered positions. the present - day incising machines consist essentially of four revolving drums fitted with teeth or needles or with lasers that burn the incisions into the wood. preservatives can be spread along the grain up to 20 mm ( 0. 79 in ) in radial and up to 2 mm ( 0. 079 in ) in tangential and radial direction. in north america, where smaller timber dimensions are common, incision depths of 4 to 6 mm ( 0. 16 to 0. 24 in ) have become standard. in europe, where larger dimensions are widespread, incision depths of 10 to 12 mm ( 0. 39 to 0. 47 in ) are necessary. the incisions are visible and often considered to be wood error. incisions by laser are significantly smaller than those of spokes or needles. the costs for each process type are approximately for spoke / conventional all - round incising β¬0. 50 / m2, by laser incising β¬3. 60 / m2 and by needle incision β¬1. 00 / m2. ( figures originate from the year 1998 and may vary from present day prices. ) = = = microwaving = = = an alternative increases the permeability of timber using microwave technology. there is some concern that this method may adversely affect the structural performance of the
will activate and start cutting the tree. same as disc saw head, it can hold multiple trees before they are placed on the ground. chain saw head β the floppy head provides minimal control to place the trees on the ground. it might not suit to collect the cut trees or gather the cut stems in the felling head. = = cost - effectiveness = = the purchase cost of a feller buncher is around $ 180, 000 usd and its fuel consumption and lubricant consumption is high among other mechanical harvesting equipment. the feller buncher also has the highest hourly cost which is around $ 99. 5 when comparing other equipment such as a harvesters and grapple skidders. although the total cost of feller buncher is high in overall, the unit production price is the lowest which explains why feller buncher is considered the most cost - effective harvesting equipment. the average unit cost of the feller buncher is $ 12. 1 / m3 while the unit cost of the harvesters is $ 16. 5 / m3. the unit cost of the feller buncher is primary affected by the tree size and the tree volume. the unit felling cost is lower when the tree size increased. for example, tree with 5 inches at dbh has the unit cost of $ 70 while tree with 15 inches at dbh has the unit cost of $ 12. as the cost of feller buncher is high, only large tree volume can produce more profit to cover the high average cost. in terms of stump height, lower stump height can maximise the use of natural resources and prevent wood waste. mechanical felling such as using feller buncher can prevent 30 % of value loss caused by the high stumps. = = maintenance = = feller buncher requires daily maintenance before operation and some components only require periodic maintenance. it could ensure the safety of operators and all the workers around the operation. if damaged or faulty machine is operated, it could result in further damage to the machine which can be more expensive to repair. = = = daily or every 8 hours = = = = = = = lubrication = = = = the felling head is considered one of the hardest part of the feller buncher and it is necessary to apply lubricant to every joint for daily maintenance. it is suggested to apply lubricant to saw head clamps, wrist attachment and driveshaft bearings during every maintenance. the use of grease should meet the extreme pressure performance standard and contains 3 % of moly
also costly. = = limitations = = feller buncher could be highly productive and cost - effective but there are several limitations. feller buncher is less beneficial when performing operations on a very rough and relatively steep land. for example, in appalachian hardwood area, trees have heavy crowns and are grown on the steep slopes which requires tracked feller bunchers in the operations. although tracked feller bunchers allow operations on a steep slope, the cost - effectiveness is not well studied. also, manual felling can operate on the steeper slopes than the feller bunchers do. on the other hand, feller bunchers are cost - effective only when there is a high volume of trees in the operations. if there is not enough timber to harvest, the unit cost can be expensive, especially when the majority of the operation site is steep slopes. a 2013, university of maine study suggests that the use of feller bunchers could cause medium to high level of stand damage from 7 % to 25 %. however, in comparison with other equipment such as harvesters, the damage that is caused by the feller bunchers is less severe. = = see also = = woodchipper harvester skidder logging truck stump grinder = = references = = = = external links = = media related to feller bunchers at wikimedia commons
equipment. reparability : the rental companies contribute to a product design facilitating maintenance and repair activities, the rental companies focus on spare parts management, the rental companies ask for increased information on product repair from the equipment manufacturers. resource use : rental companies search for equipment to offer the most sustainable option to their customers. rental companies provide theoretical and practical trainings to their customers to optimize the use of equipment. reusability : components of the dismantled construction equipment can be reused. recyclability : rental companies take care of their equipment by : repairing when it is still possible, recycling when it is at the end of its life cycle, selling it to second hand markets, if it complies with regulations. rental companies use their bargaining power to demand equipment suppliers to invest more in r & d to limit the use of non - recyclable material, and take responsibility for end - of - life of equipment by collecting, reusing or recycling. = = = = carbon footprint of construction equipment = = = = an independent research study on the carbon footprint of construction equipment has demonstrated that the rental business model stimulates the efficient use of equipment and that this efficient use lowers the total carbon footprint. depending on specific user practice, this can lead to significant reductions, in the range of 30 %. the researchers of the study built a calculator to determine the carbon footprint of the use of construction equipment, based on various parameters. the parameters with the biggest influence on the carbon footprint of equipment are : intensity of use - maximizing the utilisation rate could reduce the amount of equipment required using the right equipment for the job transportation - shorter distances to a jobsite and higher load factors of the vehicles transporting the equipment maintenance - allowing extended lifetime era used this study to develop a free online tool to determine exact carbon footprint of construction equipment per hour of use of the equipment. the era equipment co2 calculator. = = what can be rented = = the equipment rental market goes well beyond construction machinery and can include rental equipment such as a dedicated server housed in a data center. in addition to the construction sector, the rental market supplies a wide range of customers and industries, including gardening and landscaping, municipal and forestry services, the event industry [ like pa equipment, led screens, camera / videography equipment, etc ], it infrastructure, and private clients. depending on the customer segment, specialized machinery and equipment are available. furthermore, the equipment on rental offer is often complemented by additional services. a brief overview of the different categories of equipment
difficult for independent repair shops to maintain a stock of parts. a couple of court cases have required products with repaired or refurbished components to be labeled as " used. " in 1947, a business owner was refurbishing old spark plugs and reselling them. however, he was reselling them under a trademarked name. this led to a lawsuit that provided the framework for legislation that would provide a right to resell repaired or refurbished items, as long as they were labelled correctly. champion spark plug co. v. sanders provided the basis of ftc guidelines which provides an uninfringeable right to resell repaired or refurbished items as long as they were labeled as such. the decision also provided the framework for trademark guidelines regarding the resale of used goods under a trademarked namesake. ftc guidelines title 16, chapter i, subchapter b, part 20 provides guidance and regulations on the labeling of items that have been β rebuilt β, β refurbished β, or β re - manufactured β in order to prevent unfair competitive advantage in selling components in the automobile industry. this guideline hence allowed businesses the ability to repair items, for resale later. some manufacturers shifted towards more repairable designs. apple, which rose quickly to become one of the largest computer manufacturers, sold the first computers with circuit board descriptions, easy - to - swap components, and clear repair instructions. copyright with regard to computer software source code also became a front on the limitation of repairability. in the u. s., the digital millennium copyright act of 1998 prohibits repairs unless granted an exception, and has been used to block repairs as software became more common in a range of devices and appliances. to prevent refilling of empty ink cartridges, manufacturers had started placing microchips counting fill levels and usage, rendering refills difficult or impossible. reselling and refurbishing products was confirmed to be legal by the supreme court in 2017 in impression prods., inc. v. lexmark int'l, inc.. as of 2022, complaints about the longevity and repairability of printers remains. in the early 2000s, the automotive industry defeated the first proposal of a right to repair bill for the automotive sector. while the national automotive service task force ( nastf ), an organization supported by the automotive industry, established an online directory for accessing manufacturer information and tools in 2001, a study conducted by the terrance group found that around 59 % of independent repair services continued to struggle to get access to diagnostic tools and parts from manufacturers.
Answer:
|
recover, because Power Saw Company was in the business of manufacturing dangerous machines.
| 0.3 |
Storekeeper, the owner of a large hardware store, sells power saws for both personal and commercial use. He often takes old power saws as trade-ins on new ones. The old power saws are then completely disassembled and rebuilt with new bearings by Storekeeper's employees and sold by Storekeeper as "reconditioned saws." Purchaser, the owner and operator of a cabinetmaking shop, informed Storekeeper that he wanted to buy a reconditioned circular saw for use in his cabinetmaking business. However, the blade that was on the saw he picked out had very coarse teeth for cutting rough lumber. Purchaser told Storekeeper that he wanted a saw blade that would cut plywood. Storekeeper exchanged the coarse blade for a new one with finer teeth that would cut plywood smoothly. The new blade was manufactured by Saw-Blade Company, which uses all available techniques to inspect its products for defects. The reconditioned saw had been manufactured by Power Saw Company. The week after the saw was purchased, Employee, who works for Purchaser in Purchaser's cabinetmaking shop, was injured while using the saw. Employee's arm was severely cut. As a result, the cabinetmaking shop was shut down for a week until a replacement for Employee could be foundIf Employee was injured while cutting plywood because the shaft holding the saw blade came loose when a bearing gave way and the shaft and blade flew off the saw, and if Purchaser asserts a claim based on strict liability in tort against Storekeeper for loss of business because of the injury to Employee, Purchaser probably will
0. not recover, because economic loss from injury to an employee is not within the scope of Storekeeper's duty.
1. not recover, because Storekeeper was not the manufacturer of the power saw.
2. recover, because Storekeeper knew that the power saw was to be used in Purchaser's cabinetmaking business.
3. recover, because the reconditioned power saw was the direct cause of Purchaser's loss of business
stump of a pole, tree or bamboo and the preservative is forced into the wood with pressure from the engine. = = = incising = = = first tested and patented in 1911 and 1912, this process consists of making shallow, slit - like holes in the surfaces of material to be treated, so that deeper and more uniform penetration of preservative may be obtained. incisions made in sawed material usually are parallel with the grain of the wood. this process is common in north america ( since the 1950s ), where douglas - fir products and pole butts of various species are prepared before treatment. it is most useful for woods that are resistant to side penetration, but allow preservative transport along the grain. in the region in which it is produced, it is common practice to incise all sawed douglas - fir 3 in ( 76 mm ) or more in thickness before treatment. unfortunately, the impregnation of spruce, the most important structural timber in large areas in europe, has shown that unsatisfactory treatment depths have been achieved with impregnation. the maximum penetration of 2 mm ( 0. 079 in ) is not sufficient to protect wood in weathered positions. the present - day incising machines consist essentially of four revolving drums fitted with teeth or needles or with lasers that burn the incisions into the wood. preservatives can be spread along the grain up to 20 mm ( 0. 79 in ) in radial and up to 2 mm ( 0. 079 in ) in tangential and radial direction. in north america, where smaller timber dimensions are common, incision depths of 4 to 6 mm ( 0. 16 to 0. 24 in ) have become standard. in europe, where larger dimensions are widespread, incision depths of 10 to 12 mm ( 0. 39 to 0. 47 in ) are necessary. the incisions are visible and often considered to be wood error. incisions by laser are significantly smaller than those of spokes or needles. the costs for each process type are approximately for spoke / conventional all - round incising β¬0. 50 / m2, by laser incising β¬3. 60 / m2 and by needle incision β¬1. 00 / m2. ( figures originate from the year 1998 and may vary from present day prices. ) = = = microwaving = = = an alternative increases the permeability of timber using microwave technology. there is some concern that this method may adversely affect the structural performance of the
will activate and start cutting the tree. same as disc saw head, it can hold multiple trees before they are placed on the ground. chain saw head β the floppy head provides minimal control to place the trees on the ground. it might not suit to collect the cut trees or gather the cut stems in the felling head. = = cost - effectiveness = = the purchase cost of a feller buncher is around $ 180, 000 usd and its fuel consumption and lubricant consumption is high among other mechanical harvesting equipment. the feller buncher also has the highest hourly cost which is around $ 99. 5 when comparing other equipment such as a harvesters and grapple skidders. although the total cost of feller buncher is high in overall, the unit production price is the lowest which explains why feller buncher is considered the most cost - effective harvesting equipment. the average unit cost of the feller buncher is $ 12. 1 / m3 while the unit cost of the harvesters is $ 16. 5 / m3. the unit cost of the feller buncher is primary affected by the tree size and the tree volume. the unit felling cost is lower when the tree size increased. for example, tree with 5 inches at dbh has the unit cost of $ 70 while tree with 15 inches at dbh has the unit cost of $ 12. as the cost of feller buncher is high, only large tree volume can produce more profit to cover the high average cost. in terms of stump height, lower stump height can maximise the use of natural resources and prevent wood waste. mechanical felling such as using feller buncher can prevent 30 % of value loss caused by the high stumps. = = maintenance = = feller buncher requires daily maintenance before operation and some components only require periodic maintenance. it could ensure the safety of operators and all the workers around the operation. if damaged or faulty machine is operated, it could result in further damage to the machine which can be more expensive to repair. = = = daily or every 8 hours = = = = = = = lubrication = = = = the felling head is considered one of the hardest part of the feller buncher and it is necessary to apply lubricant to every joint for daily maintenance. it is suggested to apply lubricant to saw head clamps, wrist attachment and driveshaft bearings during every maintenance. the use of grease should meet the extreme pressure performance standard and contains 3 % of moly
also costly. = = limitations = = feller buncher could be highly productive and cost - effective but there are several limitations. feller buncher is less beneficial when performing operations on a very rough and relatively steep land. for example, in appalachian hardwood area, trees have heavy crowns and are grown on the steep slopes which requires tracked feller bunchers in the operations. although tracked feller bunchers allow operations on a steep slope, the cost - effectiveness is not well studied. also, manual felling can operate on the steeper slopes than the feller bunchers do. on the other hand, feller bunchers are cost - effective only when there is a high volume of trees in the operations. if there is not enough timber to harvest, the unit cost can be expensive, especially when the majority of the operation site is steep slopes. a 2013, university of maine study suggests that the use of feller bunchers could cause medium to high level of stand damage from 7 % to 25 %. however, in comparison with other equipment such as harvesters, the damage that is caused by the feller bunchers is less severe. = = see also = = woodchipper harvester skidder logging truck stump grinder = = references = = = = external links = = media related to feller bunchers at wikimedia commons
equipment. reparability : the rental companies contribute to a product design facilitating maintenance and repair activities, the rental companies focus on spare parts management, the rental companies ask for increased information on product repair from the equipment manufacturers. resource use : rental companies search for equipment to offer the most sustainable option to their customers. rental companies provide theoretical and practical trainings to their customers to optimize the use of equipment. reusability : components of the dismantled construction equipment can be reused. recyclability : rental companies take care of their equipment by : repairing when it is still possible, recycling when it is at the end of its life cycle, selling it to second hand markets, if it complies with regulations. rental companies use their bargaining power to demand equipment suppliers to invest more in r & d to limit the use of non - recyclable material, and take responsibility for end - of - life of equipment by collecting, reusing or recycling. = = = = carbon footprint of construction equipment = = = = an independent research study on the carbon footprint of construction equipment has demonstrated that the rental business model stimulates the efficient use of equipment and that this efficient use lowers the total carbon footprint. depending on specific user practice, this can lead to significant reductions, in the range of 30 %. the researchers of the study built a calculator to determine the carbon footprint of the use of construction equipment, based on various parameters. the parameters with the biggest influence on the carbon footprint of equipment are : intensity of use - maximizing the utilisation rate could reduce the amount of equipment required using the right equipment for the job transportation - shorter distances to a jobsite and higher load factors of the vehicles transporting the equipment maintenance - allowing extended lifetime era used this study to develop a free online tool to determine exact carbon footprint of construction equipment per hour of use of the equipment. the era equipment co2 calculator. = = what can be rented = = the equipment rental market goes well beyond construction machinery and can include rental equipment such as a dedicated server housed in a data center. in addition to the construction sector, the rental market supplies a wide range of customers and industries, including gardening and landscaping, municipal and forestry services, the event industry [ like pa equipment, led screens, camera / videography equipment, etc ], it infrastructure, and private clients. depending on the customer segment, specialized machinery and equipment are available. furthermore, the equipment on rental offer is often complemented by additional services. a brief overview of the different categories of equipment
difficult for independent repair shops to maintain a stock of parts. a couple of court cases have required products with repaired or refurbished components to be labeled as " used. " in 1947, a business owner was refurbishing old spark plugs and reselling them. however, he was reselling them under a trademarked name. this led to a lawsuit that provided the framework for legislation that would provide a right to resell repaired or refurbished items, as long as they were labelled correctly. champion spark plug co. v. sanders provided the basis of ftc guidelines which provides an uninfringeable right to resell repaired or refurbished items as long as they were labeled as such. the decision also provided the framework for trademark guidelines regarding the resale of used goods under a trademarked namesake. ftc guidelines title 16, chapter i, subchapter b, part 20 provides guidance and regulations on the labeling of items that have been β rebuilt β, β refurbished β, or β re - manufactured β in order to prevent unfair competitive advantage in selling components in the automobile industry. this guideline hence allowed businesses the ability to repair items, for resale later. some manufacturers shifted towards more repairable designs. apple, which rose quickly to become one of the largest computer manufacturers, sold the first computers with circuit board descriptions, easy - to - swap components, and clear repair instructions. copyright with regard to computer software source code also became a front on the limitation of repairability. in the u. s., the digital millennium copyright act of 1998 prohibits repairs unless granted an exception, and has been used to block repairs as software became more common in a range of devices and appliances. to prevent refilling of empty ink cartridges, manufacturers had started placing microchips counting fill levels and usage, rendering refills difficult or impossible. reselling and refurbishing products was confirmed to be legal by the supreme court in 2017 in impression prods., inc. v. lexmark int'l, inc.. as of 2022, complaints about the longevity and repairability of printers remains. in the early 2000s, the automotive industry defeated the first proposal of a right to repair bill for the automotive sector. while the national automotive service task force ( nastf ), an organization supported by the automotive industry, established an online directory for accessing manufacturer information and tools in 2001, a study conducted by the terrance group found that around 59 % of independent repair services continued to struggle to get access to diagnostic tools and parts from manufacturers.
Answer:
|
not recover, because economic loss from injury to an employee is not within the scope of Storekeeper's duty.
| null |
Storekeeper, the owner of a large hardware store, sells power saws for both personal and commercial use. He often takes old power saws as trade-ins on new ones. The old power saws are then completely disassembled and rebuilt with new bearings by Storekeeper's employees and sold by Storekeeper as "reconditioned saws." Purchaser, the owner and operator of a cabinetmaking shop, informed Storekeeper that he wanted to buy a reconditioned circular saw for use in his cabinetmaking business. However, the blade that was on the saw he picked out had very coarse teeth for cutting rough lumber. Purchaser told Storekeeper that he wanted a saw blade that would cut plywood. Storekeeper exchanged the coarse blade for a new one with finer teeth that would cut plywood smoothly. The new blade was manufactured by Saw-Blade Company, which uses all available techniques to inspect its products for defects. The reconditioned saw had been manufactured by Power Saw Company. The week after the saw was purchased, Employee, who works for Purchaser in Purchaser's cabinetmaking shop, was injured while using the saw. Employee's arm was severely cut. As a result, the cabinetmaking shop was shut down for a week until a replacement for Employee could be foundIf Employee was injured while cutting plywood because the shaft holding the saw blade came loose when a bearing gave way and the shaft and blade flew off the saw, and if Purchaser asserts a claim based on strict liability in tort against Storekeeper for loss of business because of the injury to Employee, Purchaser probably will
0. not recover, because economic loss from injury to an employee is not within the scope of Storekeeper's duty.
1. not recover, because Storekeeper was not the manufacturer of the power saw.
2. recover, because Storekeeper knew that the power saw was to be used in Purchaser's cabinetmaking business.
3. recover, because the reconditioned power saw was the direct cause of Purchaser's loss of business
stump of a pole, tree or bamboo and the preservative is forced into the wood with pressure from the engine. = = = incising = = = first tested and patented in 1911 and 1912, this process consists of making shallow, slit - like holes in the surfaces of material to be treated, so that deeper and more uniform penetration of preservative may be obtained. incisions made in sawed material usually are parallel with the grain of the wood. this process is common in north america ( since the 1950s ), where douglas - fir products and pole butts of various species are prepared before treatment. it is most useful for woods that are resistant to side penetration, but allow preservative transport along the grain. in the region in which it is produced, it is common practice to incise all sawed douglas - fir 3 in ( 76 mm ) or more in thickness before treatment. unfortunately, the impregnation of spruce, the most important structural timber in large areas in europe, has shown that unsatisfactory treatment depths have been achieved with impregnation. the maximum penetration of 2 mm ( 0. 079 in ) is not sufficient to protect wood in weathered positions. the present - day incising machines consist essentially of four revolving drums fitted with teeth or needles or with lasers that burn the incisions into the wood. preservatives can be spread along the grain up to 20 mm ( 0. 79 in ) in radial and up to 2 mm ( 0. 079 in ) in tangential and radial direction. in north america, where smaller timber dimensions are common, incision depths of 4 to 6 mm ( 0. 16 to 0. 24 in ) have become standard. in europe, where larger dimensions are widespread, incision depths of 10 to 12 mm ( 0. 39 to 0. 47 in ) are necessary. the incisions are visible and often considered to be wood error. incisions by laser are significantly smaller than those of spokes or needles. the costs for each process type are approximately for spoke / conventional all - round incising β¬0. 50 / m2, by laser incising β¬3. 60 / m2 and by needle incision β¬1. 00 / m2. ( figures originate from the year 1998 and may vary from present day prices. ) = = = microwaving = = = an alternative increases the permeability of timber using microwave technology. there is some concern that this method may adversely affect the structural performance of the
will activate and start cutting the tree. same as disc saw head, it can hold multiple trees before they are placed on the ground. chain saw head β the floppy head provides minimal control to place the trees on the ground. it might not suit to collect the cut trees or gather the cut stems in the felling head. = = cost - effectiveness = = the purchase cost of a feller buncher is around $ 180, 000 usd and its fuel consumption and lubricant consumption is high among other mechanical harvesting equipment. the feller buncher also has the highest hourly cost which is around $ 99. 5 when comparing other equipment such as a harvesters and grapple skidders. although the total cost of feller buncher is high in overall, the unit production price is the lowest which explains why feller buncher is considered the most cost - effective harvesting equipment. the average unit cost of the feller buncher is $ 12. 1 / m3 while the unit cost of the harvesters is $ 16. 5 / m3. the unit cost of the feller buncher is primary affected by the tree size and the tree volume. the unit felling cost is lower when the tree size increased. for example, tree with 5 inches at dbh has the unit cost of $ 70 while tree with 15 inches at dbh has the unit cost of $ 12. as the cost of feller buncher is high, only large tree volume can produce more profit to cover the high average cost. in terms of stump height, lower stump height can maximise the use of natural resources and prevent wood waste. mechanical felling such as using feller buncher can prevent 30 % of value loss caused by the high stumps. = = maintenance = = feller buncher requires daily maintenance before operation and some components only require periodic maintenance. it could ensure the safety of operators and all the workers around the operation. if damaged or faulty machine is operated, it could result in further damage to the machine which can be more expensive to repair. = = = daily or every 8 hours = = = = = = = lubrication = = = = the felling head is considered one of the hardest part of the feller buncher and it is necessary to apply lubricant to every joint for daily maintenance. it is suggested to apply lubricant to saw head clamps, wrist attachment and driveshaft bearings during every maintenance. the use of grease should meet the extreme pressure performance standard and contains 3 % of moly
also costly. = = limitations = = feller buncher could be highly productive and cost - effective but there are several limitations. feller buncher is less beneficial when performing operations on a very rough and relatively steep land. for example, in appalachian hardwood area, trees have heavy crowns and are grown on the steep slopes which requires tracked feller bunchers in the operations. although tracked feller bunchers allow operations on a steep slope, the cost - effectiveness is not well studied. also, manual felling can operate on the steeper slopes than the feller bunchers do. on the other hand, feller bunchers are cost - effective only when there is a high volume of trees in the operations. if there is not enough timber to harvest, the unit cost can be expensive, especially when the majority of the operation site is steep slopes. a 2013, university of maine study suggests that the use of feller bunchers could cause medium to high level of stand damage from 7 % to 25 %. however, in comparison with other equipment such as harvesters, the damage that is caused by the feller bunchers is less severe. = = see also = = woodchipper harvester skidder logging truck stump grinder = = references = = = = external links = = media related to feller bunchers at wikimedia commons
equipment. reparability : the rental companies contribute to a product design facilitating maintenance and repair activities, the rental companies focus on spare parts management, the rental companies ask for increased information on product repair from the equipment manufacturers. resource use : rental companies search for equipment to offer the most sustainable option to their customers. rental companies provide theoretical and practical trainings to their customers to optimize the use of equipment. reusability : components of the dismantled construction equipment can be reused. recyclability : rental companies take care of their equipment by : repairing when it is still possible, recycling when it is at the end of its life cycle, selling it to second hand markets, if it complies with regulations. rental companies use their bargaining power to demand equipment suppliers to invest more in r & d to limit the use of non - recyclable material, and take responsibility for end - of - life of equipment by collecting, reusing or recycling. = = = = carbon footprint of construction equipment = = = = an independent research study on the carbon footprint of construction equipment has demonstrated that the rental business model stimulates the efficient use of equipment and that this efficient use lowers the total carbon footprint. depending on specific user practice, this can lead to significant reductions, in the range of 30 %. the researchers of the study built a calculator to determine the carbon footprint of the use of construction equipment, based on various parameters. the parameters with the biggest influence on the carbon footprint of equipment are : intensity of use - maximizing the utilisation rate could reduce the amount of equipment required using the right equipment for the job transportation - shorter distances to a jobsite and higher load factors of the vehicles transporting the equipment maintenance - allowing extended lifetime era used this study to develop a free online tool to determine exact carbon footprint of construction equipment per hour of use of the equipment. the era equipment co2 calculator. = = what can be rented = = the equipment rental market goes well beyond construction machinery and can include rental equipment such as a dedicated server housed in a data center. in addition to the construction sector, the rental market supplies a wide range of customers and industries, including gardening and landscaping, municipal and forestry services, the event industry [ like pa equipment, led screens, camera / videography equipment, etc ], it infrastructure, and private clients. depending on the customer segment, specialized machinery and equipment are available. furthermore, the equipment on rental offer is often complemented by additional services. a brief overview of the different categories of equipment
difficult for independent repair shops to maintain a stock of parts. a couple of court cases have required products with repaired or refurbished components to be labeled as " used. " in 1947, a business owner was refurbishing old spark plugs and reselling them. however, he was reselling them under a trademarked name. this led to a lawsuit that provided the framework for legislation that would provide a right to resell repaired or refurbished items, as long as they were labelled correctly. champion spark plug co. v. sanders provided the basis of ftc guidelines which provides an uninfringeable right to resell repaired or refurbished items as long as they were labeled as such. the decision also provided the framework for trademark guidelines regarding the resale of used goods under a trademarked namesake. ftc guidelines title 16, chapter i, subchapter b, part 20 provides guidance and regulations on the labeling of items that have been β rebuilt β, β refurbished β, or β re - manufactured β in order to prevent unfair competitive advantage in selling components in the automobile industry. this guideline hence allowed businesses the ability to repair items, for resale later. some manufacturers shifted towards more repairable designs. apple, which rose quickly to become one of the largest computer manufacturers, sold the first computers with circuit board descriptions, easy - to - swap components, and clear repair instructions. copyright with regard to computer software source code also became a front on the limitation of repairability. in the u. s., the digital millennium copyright act of 1998 prohibits repairs unless granted an exception, and has been used to block repairs as software became more common in a range of devices and appliances. to prevent refilling of empty ink cartridges, manufacturers had started placing microchips counting fill levels and usage, rendering refills difficult or impossible. reselling and refurbishing products was confirmed to be legal by the supreme court in 2017 in impression prods., inc. v. lexmark int'l, inc.. as of 2022, complaints about the longevity and repairability of printers remains. in the early 2000s, the automotive industry defeated the first proposal of a right to repair bill for the automotive sector. while the national automotive service task force ( nastf ), an organization supported by the automotive industry, established an online directory for accessing manufacturer information and tools in 2001, a study conducted by the terrance group found that around 59 % of independent repair services continued to struggle to get access to diagnostic tools and parts from manufacturers.
Answer:
|
recover, because the reconditioned power saw was the direct cause of Purchaser's loss of business
| 0.3 |
Storekeeper, the owner of a large hardware store, sells power saws for both personal and commercial use. He often takes old power saws as trade-ins on new ones. The old power saws are then completely disassembled and rebuilt with new bearings by Storekeeper's employees and sold by Storekeeper as "reconditioned saws." Purchaser, the owner and operator of a cabinetmaking shop, informed Storekeeper that he wanted to buy a reconditioned circular saw for use in his cabinetmaking business. However, the blade that was on the saw he picked out had very coarse teeth for cutting rough lumber. Purchaser told Storekeeper that he wanted a saw blade that would cut plywood. Storekeeper exchanged the coarse blade for a new one with finer teeth that would cut plywood smoothly. The new blade was manufactured by Saw-Blade Company, which uses all available techniques to inspect its products for defects. The reconditioned saw had been manufactured by Power Saw Company. The week after the saw was purchased, Employee, who works for Purchaser in Purchaser's cabinetmaking shop, was injured while using the saw. Employee's arm was severely cut. As a result, the cabinetmaking shop was shut down for a week until a replacement for Employee could be foundIf Employee was injured while cutting plywood because the shaft holding the saw blade came loose when a bearing gave way and the shaft and blade flew off the saw, and if Employee asserts a claim based on strict liability in tort against Storekeeper, Employee probably will
0. not recover unless Purchaser told Storekeeper that Employee would use the power saw.
1. not recover if Employee failed to notice that the shaft was coming loose.
2. recover unless Employee knew that the shaft was coming loose.
3. recover unless Storekeeper used all possible care in reconditioning the power saw
stump of a pole, tree or bamboo and the preservative is forced into the wood with pressure from the engine. = = = incising = = = first tested and patented in 1911 and 1912, this process consists of making shallow, slit - like holes in the surfaces of material to be treated, so that deeper and more uniform penetration of preservative may be obtained. incisions made in sawed material usually are parallel with the grain of the wood. this process is common in north america ( since the 1950s ), where douglas - fir products and pole butts of various species are prepared before treatment. it is most useful for woods that are resistant to side penetration, but allow preservative transport along the grain. in the region in which it is produced, it is common practice to incise all sawed douglas - fir 3 in ( 76 mm ) or more in thickness before treatment. unfortunately, the impregnation of spruce, the most important structural timber in large areas in europe, has shown that unsatisfactory treatment depths have been achieved with impregnation. the maximum penetration of 2 mm ( 0. 079 in ) is not sufficient to protect wood in weathered positions. the present - day incising machines consist essentially of four revolving drums fitted with teeth or needles or with lasers that burn the incisions into the wood. preservatives can be spread along the grain up to 20 mm ( 0. 79 in ) in radial and up to 2 mm ( 0. 079 in ) in tangential and radial direction. in north america, where smaller timber dimensions are common, incision depths of 4 to 6 mm ( 0. 16 to 0. 24 in ) have become standard. in europe, where larger dimensions are widespread, incision depths of 10 to 12 mm ( 0. 39 to 0. 47 in ) are necessary. the incisions are visible and often considered to be wood error. incisions by laser are significantly smaller than those of spokes or needles. the costs for each process type are approximately for spoke / conventional all - round incising β¬0. 50 / m2, by laser incising β¬3. 60 / m2 and by needle incision β¬1. 00 / m2. ( figures originate from the year 1998 and may vary from present day prices. ) = = = microwaving = = = an alternative increases the permeability of timber using microwave technology. there is some concern that this method may adversely affect the structural performance of the
will activate and start cutting the tree. same as disc saw head, it can hold multiple trees before they are placed on the ground. chain saw head β the floppy head provides minimal control to place the trees on the ground. it might not suit to collect the cut trees or gather the cut stems in the felling head. = = cost - effectiveness = = the purchase cost of a feller buncher is around $ 180, 000 usd and its fuel consumption and lubricant consumption is high among other mechanical harvesting equipment. the feller buncher also has the highest hourly cost which is around $ 99. 5 when comparing other equipment such as a harvesters and grapple skidders. although the total cost of feller buncher is high in overall, the unit production price is the lowest which explains why feller buncher is considered the most cost - effective harvesting equipment. the average unit cost of the feller buncher is $ 12. 1 / m3 while the unit cost of the harvesters is $ 16. 5 / m3. the unit cost of the feller buncher is primary affected by the tree size and the tree volume. the unit felling cost is lower when the tree size increased. for example, tree with 5 inches at dbh has the unit cost of $ 70 while tree with 15 inches at dbh has the unit cost of $ 12. as the cost of feller buncher is high, only large tree volume can produce more profit to cover the high average cost. in terms of stump height, lower stump height can maximise the use of natural resources and prevent wood waste. mechanical felling such as using feller buncher can prevent 30 % of value loss caused by the high stumps. = = maintenance = = feller buncher requires daily maintenance before operation and some components only require periodic maintenance. it could ensure the safety of operators and all the workers around the operation. if damaged or faulty machine is operated, it could result in further damage to the machine which can be more expensive to repair. = = = daily or every 8 hours = = = = = = = lubrication = = = = the felling head is considered one of the hardest part of the feller buncher and it is necessary to apply lubricant to every joint for daily maintenance. it is suggested to apply lubricant to saw head clamps, wrist attachment and driveshaft bearings during every maintenance. the use of grease should meet the extreme pressure performance standard and contains 3 % of moly
also costly. = = limitations = = feller buncher could be highly productive and cost - effective but there are several limitations. feller buncher is less beneficial when performing operations on a very rough and relatively steep land. for example, in appalachian hardwood area, trees have heavy crowns and are grown on the steep slopes which requires tracked feller bunchers in the operations. although tracked feller bunchers allow operations on a steep slope, the cost - effectiveness is not well studied. also, manual felling can operate on the steeper slopes than the feller bunchers do. on the other hand, feller bunchers are cost - effective only when there is a high volume of trees in the operations. if there is not enough timber to harvest, the unit cost can be expensive, especially when the majority of the operation site is steep slopes. a 2013, university of maine study suggests that the use of feller bunchers could cause medium to high level of stand damage from 7 % to 25 %. however, in comparison with other equipment such as harvesters, the damage that is caused by the feller bunchers is less severe. = = see also = = woodchipper harvester skidder logging truck stump grinder = = references = = = = external links = = media related to feller bunchers at wikimedia commons
equipment. reparability : the rental companies contribute to a product design facilitating maintenance and repair activities, the rental companies focus on spare parts management, the rental companies ask for increased information on product repair from the equipment manufacturers. resource use : rental companies search for equipment to offer the most sustainable option to their customers. rental companies provide theoretical and practical trainings to their customers to optimize the use of equipment. reusability : components of the dismantled construction equipment can be reused. recyclability : rental companies take care of their equipment by : repairing when it is still possible, recycling when it is at the end of its life cycle, selling it to second hand markets, if it complies with regulations. rental companies use their bargaining power to demand equipment suppliers to invest more in r & d to limit the use of non - recyclable material, and take responsibility for end - of - life of equipment by collecting, reusing or recycling. = = = = carbon footprint of construction equipment = = = = an independent research study on the carbon footprint of construction equipment has demonstrated that the rental business model stimulates the efficient use of equipment and that this efficient use lowers the total carbon footprint. depending on specific user practice, this can lead to significant reductions, in the range of 30 %. the researchers of the study built a calculator to determine the carbon footprint of the use of construction equipment, based on various parameters. the parameters with the biggest influence on the carbon footprint of equipment are : intensity of use - maximizing the utilisation rate could reduce the amount of equipment required using the right equipment for the job transportation - shorter distances to a jobsite and higher load factors of the vehicles transporting the equipment maintenance - allowing extended lifetime era used this study to develop a free online tool to determine exact carbon footprint of construction equipment per hour of use of the equipment. the era equipment co2 calculator. = = what can be rented = = the equipment rental market goes well beyond construction machinery and can include rental equipment such as a dedicated server housed in a data center. in addition to the construction sector, the rental market supplies a wide range of customers and industries, including gardening and landscaping, municipal and forestry services, the event industry [ like pa equipment, led screens, camera / videography equipment, etc ], it infrastructure, and private clients. depending on the customer segment, specialized machinery and equipment are available. furthermore, the equipment on rental offer is often complemented by additional services. a brief overview of the different categories of equipment
difficult for independent repair shops to maintain a stock of parts. a couple of court cases have required products with repaired or refurbished components to be labeled as " used. " in 1947, a business owner was refurbishing old spark plugs and reselling them. however, he was reselling them under a trademarked name. this led to a lawsuit that provided the framework for legislation that would provide a right to resell repaired or refurbished items, as long as they were labelled correctly. champion spark plug co. v. sanders provided the basis of ftc guidelines which provides an uninfringeable right to resell repaired or refurbished items as long as they were labeled as such. the decision also provided the framework for trademark guidelines regarding the resale of used goods under a trademarked namesake. ftc guidelines title 16, chapter i, subchapter b, part 20 provides guidance and regulations on the labeling of items that have been β rebuilt β, β refurbished β, or β re - manufactured β in order to prevent unfair competitive advantage in selling components in the automobile industry. this guideline hence allowed businesses the ability to repair items, for resale later. some manufacturers shifted towards more repairable designs. apple, which rose quickly to become one of the largest computer manufacturers, sold the first computers with circuit board descriptions, easy - to - swap components, and clear repair instructions. copyright with regard to computer software source code also became a front on the limitation of repairability. in the u. s., the digital millennium copyright act of 1998 prohibits repairs unless granted an exception, and has been used to block repairs as software became more common in a range of devices and appliances. to prevent refilling of empty ink cartridges, manufacturers had started placing microchips counting fill levels and usage, rendering refills difficult or impossible. reselling and refurbishing products was confirmed to be legal by the supreme court in 2017 in impression prods., inc. v. lexmark int'l, inc.. as of 2022, complaints about the longevity and repairability of printers remains. in the early 2000s, the automotive industry defeated the first proposal of a right to repair bill for the automotive sector. while the national automotive service task force ( nastf ), an organization supported by the automotive industry, established an online directory for accessing manufacturer information and tools in 2001, a study conducted by the terrance group found that around 59 % of independent repair services continued to struggle to get access to diagnostic tools and parts from manufacturers.
Answer:
|
recover unless Employee knew that the shaft was coming loose.
| null |
Storekeeper, the owner of a large hardware store, sells power saws for both personal and commercial use. He often takes old power saws as trade-ins on new ones. The old power saws are then completely disassembled and rebuilt with new bearings by Storekeeper's employees and sold by Storekeeper as "reconditioned saws." Purchaser, the owner and operator of a cabinetmaking shop, informed Storekeeper that he wanted to buy a reconditioned circular saw for use in his cabinetmaking business. However, the blade that was on the saw he picked out had very coarse teeth for cutting rough lumber. Purchaser told Storekeeper that he wanted a saw blade that would cut plywood. Storekeeper exchanged the coarse blade for a new one with finer teeth that would cut plywood smoothly. The new blade was manufactured by Saw-Blade Company, which uses all available techniques to inspect its products for defects. The reconditioned saw had been manufactured by Power Saw Company. The week after the saw was purchased, Employee, who works for Purchaser in Purchaser's cabinetmaking shop, was injured while using the saw. Employee's arm was severely cut. As a result, the cabinetmaking shop was shut down for a week until a replacement for Employee could be foundIf Employee was injured while cutting plywood because the shaft holding the saw blade came loose when a bearing gave way and the shaft and blade flew off the saw, and if Employee asserts a claim based on strict liability in tort against Storekeeper, Employee probably will
0. not recover unless Purchaser told Storekeeper that Employee would use the power saw.
1. not recover if Employee failed to notice that the shaft was coming loose.
2. recover unless Employee knew that the shaft was coming loose.
3. recover unless Storekeeper used all possible care in reconditioning the power saw
stump of a pole, tree or bamboo and the preservative is forced into the wood with pressure from the engine. = = = incising = = = first tested and patented in 1911 and 1912, this process consists of making shallow, slit - like holes in the surfaces of material to be treated, so that deeper and more uniform penetration of preservative may be obtained. incisions made in sawed material usually are parallel with the grain of the wood. this process is common in north america ( since the 1950s ), where douglas - fir products and pole butts of various species are prepared before treatment. it is most useful for woods that are resistant to side penetration, but allow preservative transport along the grain. in the region in which it is produced, it is common practice to incise all sawed douglas - fir 3 in ( 76 mm ) or more in thickness before treatment. unfortunately, the impregnation of spruce, the most important structural timber in large areas in europe, has shown that unsatisfactory treatment depths have been achieved with impregnation. the maximum penetration of 2 mm ( 0. 079 in ) is not sufficient to protect wood in weathered positions. the present - day incising machines consist essentially of four revolving drums fitted with teeth or needles or with lasers that burn the incisions into the wood. preservatives can be spread along the grain up to 20 mm ( 0. 79 in ) in radial and up to 2 mm ( 0. 079 in ) in tangential and radial direction. in north america, where smaller timber dimensions are common, incision depths of 4 to 6 mm ( 0. 16 to 0. 24 in ) have become standard. in europe, where larger dimensions are widespread, incision depths of 10 to 12 mm ( 0. 39 to 0. 47 in ) are necessary. the incisions are visible and often considered to be wood error. incisions by laser are significantly smaller than those of spokes or needles. the costs for each process type are approximately for spoke / conventional all - round incising β¬0. 50 / m2, by laser incising β¬3. 60 / m2 and by needle incision β¬1. 00 / m2. ( figures originate from the year 1998 and may vary from present day prices. ) = = = microwaving = = = an alternative increases the permeability of timber using microwave technology. there is some concern that this method may adversely affect the structural performance of the
will activate and start cutting the tree. same as disc saw head, it can hold multiple trees before they are placed on the ground. chain saw head β the floppy head provides minimal control to place the trees on the ground. it might not suit to collect the cut trees or gather the cut stems in the felling head. = = cost - effectiveness = = the purchase cost of a feller buncher is around $ 180, 000 usd and its fuel consumption and lubricant consumption is high among other mechanical harvesting equipment. the feller buncher also has the highest hourly cost which is around $ 99. 5 when comparing other equipment such as a harvesters and grapple skidders. although the total cost of feller buncher is high in overall, the unit production price is the lowest which explains why feller buncher is considered the most cost - effective harvesting equipment. the average unit cost of the feller buncher is $ 12. 1 / m3 while the unit cost of the harvesters is $ 16. 5 / m3. the unit cost of the feller buncher is primary affected by the tree size and the tree volume. the unit felling cost is lower when the tree size increased. for example, tree with 5 inches at dbh has the unit cost of $ 70 while tree with 15 inches at dbh has the unit cost of $ 12. as the cost of feller buncher is high, only large tree volume can produce more profit to cover the high average cost. in terms of stump height, lower stump height can maximise the use of natural resources and prevent wood waste. mechanical felling such as using feller buncher can prevent 30 % of value loss caused by the high stumps. = = maintenance = = feller buncher requires daily maintenance before operation and some components only require periodic maintenance. it could ensure the safety of operators and all the workers around the operation. if damaged or faulty machine is operated, it could result in further damage to the machine which can be more expensive to repair. = = = daily or every 8 hours = = = = = = = lubrication = = = = the felling head is considered one of the hardest part of the feller buncher and it is necessary to apply lubricant to every joint for daily maintenance. it is suggested to apply lubricant to saw head clamps, wrist attachment and driveshaft bearings during every maintenance. the use of grease should meet the extreme pressure performance standard and contains 3 % of moly
also costly. = = limitations = = feller buncher could be highly productive and cost - effective but there are several limitations. feller buncher is less beneficial when performing operations on a very rough and relatively steep land. for example, in appalachian hardwood area, trees have heavy crowns and are grown on the steep slopes which requires tracked feller bunchers in the operations. although tracked feller bunchers allow operations on a steep slope, the cost - effectiveness is not well studied. also, manual felling can operate on the steeper slopes than the feller bunchers do. on the other hand, feller bunchers are cost - effective only when there is a high volume of trees in the operations. if there is not enough timber to harvest, the unit cost can be expensive, especially when the majority of the operation site is steep slopes. a 2013, university of maine study suggests that the use of feller bunchers could cause medium to high level of stand damage from 7 % to 25 %. however, in comparison with other equipment such as harvesters, the damage that is caused by the feller bunchers is less severe. = = see also = = woodchipper harvester skidder logging truck stump grinder = = references = = = = external links = = media related to feller bunchers at wikimedia commons
equipment. reparability : the rental companies contribute to a product design facilitating maintenance and repair activities, the rental companies focus on spare parts management, the rental companies ask for increased information on product repair from the equipment manufacturers. resource use : rental companies search for equipment to offer the most sustainable option to their customers. rental companies provide theoretical and practical trainings to their customers to optimize the use of equipment. reusability : components of the dismantled construction equipment can be reused. recyclability : rental companies take care of their equipment by : repairing when it is still possible, recycling when it is at the end of its life cycle, selling it to second hand markets, if it complies with regulations. rental companies use their bargaining power to demand equipment suppliers to invest more in r & d to limit the use of non - recyclable material, and take responsibility for end - of - life of equipment by collecting, reusing or recycling. = = = = carbon footprint of construction equipment = = = = an independent research study on the carbon footprint of construction equipment has demonstrated that the rental business model stimulates the efficient use of equipment and that this efficient use lowers the total carbon footprint. depending on specific user practice, this can lead to significant reductions, in the range of 30 %. the researchers of the study built a calculator to determine the carbon footprint of the use of construction equipment, based on various parameters. the parameters with the biggest influence on the carbon footprint of equipment are : intensity of use - maximizing the utilisation rate could reduce the amount of equipment required using the right equipment for the job transportation - shorter distances to a jobsite and higher load factors of the vehicles transporting the equipment maintenance - allowing extended lifetime era used this study to develop a free online tool to determine exact carbon footprint of construction equipment per hour of use of the equipment. the era equipment co2 calculator. = = what can be rented = = the equipment rental market goes well beyond construction machinery and can include rental equipment such as a dedicated server housed in a data center. in addition to the construction sector, the rental market supplies a wide range of customers and industries, including gardening and landscaping, municipal and forestry services, the event industry [ like pa equipment, led screens, camera / videography equipment, etc ], it infrastructure, and private clients. depending on the customer segment, specialized machinery and equipment are available. furthermore, the equipment on rental offer is often complemented by additional services. a brief overview of the different categories of equipment
difficult for independent repair shops to maintain a stock of parts. a couple of court cases have required products with repaired or refurbished components to be labeled as " used. " in 1947, a business owner was refurbishing old spark plugs and reselling them. however, he was reselling them under a trademarked name. this led to a lawsuit that provided the framework for legislation that would provide a right to resell repaired or refurbished items, as long as they were labelled correctly. champion spark plug co. v. sanders provided the basis of ftc guidelines which provides an uninfringeable right to resell repaired or refurbished items as long as they were labeled as such. the decision also provided the framework for trademark guidelines regarding the resale of used goods under a trademarked namesake. ftc guidelines title 16, chapter i, subchapter b, part 20 provides guidance and regulations on the labeling of items that have been β rebuilt β, β refurbished β, or β re - manufactured β in order to prevent unfair competitive advantage in selling components in the automobile industry. this guideline hence allowed businesses the ability to repair items, for resale later. some manufacturers shifted towards more repairable designs. apple, which rose quickly to become one of the largest computer manufacturers, sold the first computers with circuit board descriptions, easy - to - swap components, and clear repair instructions. copyright with regard to computer software source code also became a front on the limitation of repairability. in the u. s., the digital millennium copyright act of 1998 prohibits repairs unless granted an exception, and has been used to block repairs as software became more common in a range of devices and appliances. to prevent refilling of empty ink cartridges, manufacturers had started placing microchips counting fill levels and usage, rendering refills difficult or impossible. reselling and refurbishing products was confirmed to be legal by the supreme court in 2017 in impression prods., inc. v. lexmark int'l, inc.. as of 2022, complaints about the longevity and repairability of printers remains. in the early 2000s, the automotive industry defeated the first proposal of a right to repair bill for the automotive sector. while the national automotive service task force ( nastf ), an organization supported by the automotive industry, established an online directory for accessing manufacturer information and tools in 2001, a study conducted by the terrance group found that around 59 % of independent repair services continued to struggle to get access to diagnostic tools and parts from manufacturers.
Answer:
|
not recover unless Purchaser told Storekeeper that Employee would use the power saw.
| 0.3 |
Storekeeper, the owner of a large hardware store, sells power saws for both personal and commercial use. He often takes old power saws as trade-ins on new ones. The old power saws are then completely disassembled and rebuilt with new bearings by Storekeeper's employees and sold by Storekeeper as "reconditioned saws." Purchaser, the owner and operator of a cabinetmaking shop, informed Storekeeper that he wanted to buy a reconditioned circular saw for use in his cabinetmaking business. However, the blade that was on the saw he picked out had very coarse teeth for cutting rough lumber. Purchaser told Storekeeper that he wanted a saw blade that would cut plywood. Storekeeper exchanged the coarse blade for a new one with finer teeth that would cut plywood smoothly. The new blade was manufactured by Saw-Blade Company, which uses all available techniques to inspect its products for defects. The reconditioned saw had been manufactured by Power Saw Company. The week after the saw was purchased, Employee, who works for Purchaser in Purchaser's cabinetmaking shop, was injured while using the saw. Employee's arm was severely cut. As a result, the cabinetmaking shop was shut down for a week until a replacement for Employee could be foundIf Employee was cutting a sheet of plywood, and while he was doing so, the saw blade flew to pieces and severely cut Employee's arm, and if Employee asserts a claim against Storekeeper, the theory on which Employee is most likely to prevail is
0. strict liability in tort.
1. express warranty.
2. negligence, relying on res ipsa loquitur.
3. negligence, relying on the sale of an inherently dangerous produc
stump of a pole, tree or bamboo and the preservative is forced into the wood with pressure from the engine. = = = incising = = = first tested and patented in 1911 and 1912, this process consists of making shallow, slit - like holes in the surfaces of material to be treated, so that deeper and more uniform penetration of preservative may be obtained. incisions made in sawed material usually are parallel with the grain of the wood. this process is common in north america ( since the 1950s ), where douglas - fir products and pole butts of various species are prepared before treatment. it is most useful for woods that are resistant to side penetration, but allow preservative transport along the grain. in the region in which it is produced, it is common practice to incise all sawed douglas - fir 3 in ( 76 mm ) or more in thickness before treatment. unfortunately, the impregnation of spruce, the most important structural timber in large areas in europe, has shown that unsatisfactory treatment depths have been achieved with impregnation. the maximum penetration of 2 mm ( 0. 079 in ) is not sufficient to protect wood in weathered positions. the present - day incising machines consist essentially of four revolving drums fitted with teeth or needles or with lasers that burn the incisions into the wood. preservatives can be spread along the grain up to 20 mm ( 0. 79 in ) in radial and up to 2 mm ( 0. 079 in ) in tangential and radial direction. in north america, where smaller timber dimensions are common, incision depths of 4 to 6 mm ( 0. 16 to 0. 24 in ) have become standard. in europe, where larger dimensions are widespread, incision depths of 10 to 12 mm ( 0. 39 to 0. 47 in ) are necessary. the incisions are visible and often considered to be wood error. incisions by laser are significantly smaller than those of spokes or needles. the costs for each process type are approximately for spoke / conventional all - round incising β¬0. 50 / m2, by laser incising β¬3. 60 / m2 and by needle incision β¬1. 00 / m2. ( figures originate from the year 1998 and may vary from present day prices. ) = = = microwaving = = = an alternative increases the permeability of timber using microwave technology. there is some concern that this method may adversely affect the structural performance of the
will activate and start cutting the tree. same as disc saw head, it can hold multiple trees before they are placed on the ground. chain saw head β the floppy head provides minimal control to place the trees on the ground. it might not suit to collect the cut trees or gather the cut stems in the felling head. = = cost - effectiveness = = the purchase cost of a feller buncher is around $ 180, 000 usd and its fuel consumption and lubricant consumption is high among other mechanical harvesting equipment. the feller buncher also has the highest hourly cost which is around $ 99. 5 when comparing other equipment such as a harvesters and grapple skidders. although the total cost of feller buncher is high in overall, the unit production price is the lowest which explains why feller buncher is considered the most cost - effective harvesting equipment. the average unit cost of the feller buncher is $ 12. 1 / m3 while the unit cost of the harvesters is $ 16. 5 / m3. the unit cost of the feller buncher is primary affected by the tree size and the tree volume. the unit felling cost is lower when the tree size increased. for example, tree with 5 inches at dbh has the unit cost of $ 70 while tree with 15 inches at dbh has the unit cost of $ 12. as the cost of feller buncher is high, only large tree volume can produce more profit to cover the high average cost. in terms of stump height, lower stump height can maximise the use of natural resources and prevent wood waste. mechanical felling such as using feller buncher can prevent 30 % of value loss caused by the high stumps. = = maintenance = = feller buncher requires daily maintenance before operation and some components only require periodic maintenance. it could ensure the safety of operators and all the workers around the operation. if damaged or faulty machine is operated, it could result in further damage to the machine which can be more expensive to repair. = = = daily or every 8 hours = = = = = = = lubrication = = = = the felling head is considered one of the hardest part of the feller buncher and it is necessary to apply lubricant to every joint for daily maintenance. it is suggested to apply lubricant to saw head clamps, wrist attachment and driveshaft bearings during every maintenance. the use of grease should meet the extreme pressure performance standard and contains 3 % of moly
also costly. = = limitations = = feller buncher could be highly productive and cost - effective but there are several limitations. feller buncher is less beneficial when performing operations on a very rough and relatively steep land. for example, in appalachian hardwood area, trees have heavy crowns and are grown on the steep slopes which requires tracked feller bunchers in the operations. although tracked feller bunchers allow operations on a steep slope, the cost - effectiveness is not well studied. also, manual felling can operate on the steeper slopes than the feller bunchers do. on the other hand, feller bunchers are cost - effective only when there is a high volume of trees in the operations. if there is not enough timber to harvest, the unit cost can be expensive, especially when the majority of the operation site is steep slopes. a 2013, university of maine study suggests that the use of feller bunchers could cause medium to high level of stand damage from 7 % to 25 %. however, in comparison with other equipment such as harvesters, the damage that is caused by the feller bunchers is less severe. = = see also = = woodchipper harvester skidder logging truck stump grinder = = references = = = = external links = = media related to feller bunchers at wikimedia commons
equipment. reparability : the rental companies contribute to a product design facilitating maintenance and repair activities, the rental companies focus on spare parts management, the rental companies ask for increased information on product repair from the equipment manufacturers. resource use : rental companies search for equipment to offer the most sustainable option to their customers. rental companies provide theoretical and practical trainings to their customers to optimize the use of equipment. reusability : components of the dismantled construction equipment can be reused. recyclability : rental companies take care of their equipment by : repairing when it is still possible, recycling when it is at the end of its life cycle, selling it to second hand markets, if it complies with regulations. rental companies use their bargaining power to demand equipment suppliers to invest more in r & d to limit the use of non - recyclable material, and take responsibility for end - of - life of equipment by collecting, reusing or recycling. = = = = carbon footprint of construction equipment = = = = an independent research study on the carbon footprint of construction equipment has demonstrated that the rental business model stimulates the efficient use of equipment and that this efficient use lowers the total carbon footprint. depending on specific user practice, this can lead to significant reductions, in the range of 30 %. the researchers of the study built a calculator to determine the carbon footprint of the use of construction equipment, based on various parameters. the parameters with the biggest influence on the carbon footprint of equipment are : intensity of use - maximizing the utilisation rate could reduce the amount of equipment required using the right equipment for the job transportation - shorter distances to a jobsite and higher load factors of the vehicles transporting the equipment maintenance - allowing extended lifetime era used this study to develop a free online tool to determine exact carbon footprint of construction equipment per hour of use of the equipment. the era equipment co2 calculator. = = what can be rented = = the equipment rental market goes well beyond construction machinery and can include rental equipment such as a dedicated server housed in a data center. in addition to the construction sector, the rental market supplies a wide range of customers and industries, including gardening and landscaping, municipal and forestry services, the event industry [ like pa equipment, led screens, camera / videography equipment, etc ], it infrastructure, and private clients. depending on the customer segment, specialized machinery and equipment are available. furthermore, the equipment on rental offer is often complemented by additional services. a brief overview of the different categories of equipment
difficult for independent repair shops to maintain a stock of parts. a couple of court cases have required products with repaired or refurbished components to be labeled as " used. " in 1947, a business owner was refurbishing old spark plugs and reselling them. however, he was reselling them under a trademarked name. this led to a lawsuit that provided the framework for legislation that would provide a right to resell repaired or refurbished items, as long as they were labelled correctly. champion spark plug co. v. sanders provided the basis of ftc guidelines which provides an uninfringeable right to resell repaired or refurbished items as long as they were labeled as such. the decision also provided the framework for trademark guidelines regarding the resale of used goods under a trademarked namesake. ftc guidelines title 16, chapter i, subchapter b, part 20 provides guidance and regulations on the labeling of items that have been β rebuilt β, β refurbished β, or β re - manufactured β in order to prevent unfair competitive advantage in selling components in the automobile industry. this guideline hence allowed businesses the ability to repair items, for resale later. some manufacturers shifted towards more repairable designs. apple, which rose quickly to become one of the largest computer manufacturers, sold the first computers with circuit board descriptions, easy - to - swap components, and clear repair instructions. copyright with regard to computer software source code also became a front on the limitation of repairability. in the u. s., the digital millennium copyright act of 1998 prohibits repairs unless granted an exception, and has been used to block repairs as software became more common in a range of devices and appliances. to prevent refilling of empty ink cartridges, manufacturers had started placing microchips counting fill levels and usage, rendering refills difficult or impossible. reselling and refurbishing products was confirmed to be legal by the supreme court in 2017 in impression prods., inc. v. lexmark int'l, inc.. as of 2022, complaints about the longevity and repairability of printers remains. in the early 2000s, the automotive industry defeated the first proposal of a right to repair bill for the automotive sector. while the national automotive service task force ( nastf ), an organization supported by the automotive industry, established an online directory for accessing manufacturer information and tools in 2001, a study conducted by the terrance group found that around 59 % of independent repair services continued to struggle to get access to diagnostic tools and parts from manufacturers.
Answer:
|
strict liability in tort.
| null |
Storekeeper, the owner of a large hardware store, sells power saws for both personal and commercial use. He often takes old power saws as trade-ins on new ones. The old power saws are then completely disassembled and rebuilt with new bearings by Storekeeper's employees and sold by Storekeeper as "reconditioned saws." Purchaser, the owner and operator of a cabinetmaking shop, informed Storekeeper that he wanted to buy a reconditioned circular saw for use in his cabinetmaking business. However, the blade that was on the saw he picked out had very coarse teeth for cutting rough lumber. Purchaser told Storekeeper that he wanted a saw blade that would cut plywood. Storekeeper exchanged the coarse blade for a new one with finer teeth that would cut plywood smoothly. The new blade was manufactured by Saw-Blade Company, which uses all available techniques to inspect its products for defects. The reconditioned saw had been manufactured by Power Saw Company. The week after the saw was purchased, Employee, who works for Purchaser in Purchaser's cabinetmaking shop, was injured while using the saw. Employee's arm was severely cut. As a result, the cabinetmaking shop was shut down for a week until a replacement for Employee could be foundIf Employee was cutting a sheet of plywood, and while he was doing so, the saw blade flew to pieces and severely cut Employee's arm, and if Employee asserts a claim against Storekeeper, the theory on which Employee is most likely to prevail is
0. strict liability in tort.
1. express warranty.
2. negligence, relying on res ipsa loquitur.
3. negligence, relying on the sale of an inherently dangerous produc
stump of a pole, tree or bamboo and the preservative is forced into the wood with pressure from the engine. = = = incising = = = first tested and patented in 1911 and 1912, this process consists of making shallow, slit - like holes in the surfaces of material to be treated, so that deeper and more uniform penetration of preservative may be obtained. incisions made in sawed material usually are parallel with the grain of the wood. this process is common in north america ( since the 1950s ), where douglas - fir products and pole butts of various species are prepared before treatment. it is most useful for woods that are resistant to side penetration, but allow preservative transport along the grain. in the region in which it is produced, it is common practice to incise all sawed douglas - fir 3 in ( 76 mm ) or more in thickness before treatment. unfortunately, the impregnation of spruce, the most important structural timber in large areas in europe, has shown that unsatisfactory treatment depths have been achieved with impregnation. the maximum penetration of 2 mm ( 0. 079 in ) is not sufficient to protect wood in weathered positions. the present - day incising machines consist essentially of four revolving drums fitted with teeth or needles or with lasers that burn the incisions into the wood. preservatives can be spread along the grain up to 20 mm ( 0. 79 in ) in radial and up to 2 mm ( 0. 079 in ) in tangential and radial direction. in north america, where smaller timber dimensions are common, incision depths of 4 to 6 mm ( 0. 16 to 0. 24 in ) have become standard. in europe, where larger dimensions are widespread, incision depths of 10 to 12 mm ( 0. 39 to 0. 47 in ) are necessary. the incisions are visible and often considered to be wood error. incisions by laser are significantly smaller than those of spokes or needles. the costs for each process type are approximately for spoke / conventional all - round incising β¬0. 50 / m2, by laser incising β¬3. 60 / m2 and by needle incision β¬1. 00 / m2. ( figures originate from the year 1998 and may vary from present day prices. ) = = = microwaving = = = an alternative increases the permeability of timber using microwave technology. there is some concern that this method may adversely affect the structural performance of the
will activate and start cutting the tree. same as disc saw head, it can hold multiple trees before they are placed on the ground. chain saw head β the floppy head provides minimal control to place the trees on the ground. it might not suit to collect the cut trees or gather the cut stems in the felling head. = = cost - effectiveness = = the purchase cost of a feller buncher is around $ 180, 000 usd and its fuel consumption and lubricant consumption is high among other mechanical harvesting equipment. the feller buncher also has the highest hourly cost which is around $ 99. 5 when comparing other equipment such as a harvesters and grapple skidders. although the total cost of feller buncher is high in overall, the unit production price is the lowest which explains why feller buncher is considered the most cost - effective harvesting equipment. the average unit cost of the feller buncher is $ 12. 1 / m3 while the unit cost of the harvesters is $ 16. 5 / m3. the unit cost of the feller buncher is primary affected by the tree size and the tree volume. the unit felling cost is lower when the tree size increased. for example, tree with 5 inches at dbh has the unit cost of $ 70 while tree with 15 inches at dbh has the unit cost of $ 12. as the cost of feller buncher is high, only large tree volume can produce more profit to cover the high average cost. in terms of stump height, lower stump height can maximise the use of natural resources and prevent wood waste. mechanical felling such as using feller buncher can prevent 30 % of value loss caused by the high stumps. = = maintenance = = feller buncher requires daily maintenance before operation and some components only require periodic maintenance. it could ensure the safety of operators and all the workers around the operation. if damaged or faulty machine is operated, it could result in further damage to the machine which can be more expensive to repair. = = = daily or every 8 hours = = = = = = = lubrication = = = = the felling head is considered one of the hardest part of the feller buncher and it is necessary to apply lubricant to every joint for daily maintenance. it is suggested to apply lubricant to saw head clamps, wrist attachment and driveshaft bearings during every maintenance. the use of grease should meet the extreme pressure performance standard and contains 3 % of moly
also costly. = = limitations = = feller buncher could be highly productive and cost - effective but there are several limitations. feller buncher is less beneficial when performing operations on a very rough and relatively steep land. for example, in appalachian hardwood area, trees have heavy crowns and are grown on the steep slopes which requires tracked feller bunchers in the operations. although tracked feller bunchers allow operations on a steep slope, the cost - effectiveness is not well studied. also, manual felling can operate on the steeper slopes than the feller bunchers do. on the other hand, feller bunchers are cost - effective only when there is a high volume of trees in the operations. if there is not enough timber to harvest, the unit cost can be expensive, especially when the majority of the operation site is steep slopes. a 2013, university of maine study suggests that the use of feller bunchers could cause medium to high level of stand damage from 7 % to 25 %. however, in comparison with other equipment such as harvesters, the damage that is caused by the feller bunchers is less severe. = = see also = = woodchipper harvester skidder logging truck stump grinder = = references = = = = external links = = media related to feller bunchers at wikimedia commons
equipment. reparability : the rental companies contribute to a product design facilitating maintenance and repair activities, the rental companies focus on spare parts management, the rental companies ask for increased information on product repair from the equipment manufacturers. resource use : rental companies search for equipment to offer the most sustainable option to their customers. rental companies provide theoretical and practical trainings to their customers to optimize the use of equipment. reusability : components of the dismantled construction equipment can be reused. recyclability : rental companies take care of their equipment by : repairing when it is still possible, recycling when it is at the end of its life cycle, selling it to second hand markets, if it complies with regulations. rental companies use their bargaining power to demand equipment suppliers to invest more in r & d to limit the use of non - recyclable material, and take responsibility for end - of - life of equipment by collecting, reusing or recycling. = = = = carbon footprint of construction equipment = = = = an independent research study on the carbon footprint of construction equipment has demonstrated that the rental business model stimulates the efficient use of equipment and that this efficient use lowers the total carbon footprint. depending on specific user practice, this can lead to significant reductions, in the range of 30 %. the researchers of the study built a calculator to determine the carbon footprint of the use of construction equipment, based on various parameters. the parameters with the biggest influence on the carbon footprint of equipment are : intensity of use - maximizing the utilisation rate could reduce the amount of equipment required using the right equipment for the job transportation - shorter distances to a jobsite and higher load factors of the vehicles transporting the equipment maintenance - allowing extended lifetime era used this study to develop a free online tool to determine exact carbon footprint of construction equipment per hour of use of the equipment. the era equipment co2 calculator. = = what can be rented = = the equipment rental market goes well beyond construction machinery and can include rental equipment such as a dedicated server housed in a data center. in addition to the construction sector, the rental market supplies a wide range of customers and industries, including gardening and landscaping, municipal and forestry services, the event industry [ like pa equipment, led screens, camera / videography equipment, etc ], it infrastructure, and private clients. depending on the customer segment, specialized machinery and equipment are available. furthermore, the equipment on rental offer is often complemented by additional services. a brief overview of the different categories of equipment
difficult for independent repair shops to maintain a stock of parts. a couple of court cases have required products with repaired or refurbished components to be labeled as " used. " in 1947, a business owner was refurbishing old spark plugs and reselling them. however, he was reselling them under a trademarked name. this led to a lawsuit that provided the framework for legislation that would provide a right to resell repaired or refurbished items, as long as they were labelled correctly. champion spark plug co. v. sanders provided the basis of ftc guidelines which provides an uninfringeable right to resell repaired or refurbished items as long as they were labeled as such. the decision also provided the framework for trademark guidelines regarding the resale of used goods under a trademarked namesake. ftc guidelines title 16, chapter i, subchapter b, part 20 provides guidance and regulations on the labeling of items that have been β rebuilt β, β refurbished β, or β re - manufactured β in order to prevent unfair competitive advantage in selling components in the automobile industry. this guideline hence allowed businesses the ability to repair items, for resale later. some manufacturers shifted towards more repairable designs. apple, which rose quickly to become one of the largest computer manufacturers, sold the first computers with circuit board descriptions, easy - to - swap components, and clear repair instructions. copyright with regard to computer software source code also became a front on the limitation of repairability. in the u. s., the digital millennium copyright act of 1998 prohibits repairs unless granted an exception, and has been used to block repairs as software became more common in a range of devices and appliances. to prevent refilling of empty ink cartridges, manufacturers had started placing microchips counting fill levels and usage, rendering refills difficult or impossible. reselling and refurbishing products was confirmed to be legal by the supreme court in 2017 in impression prods., inc. v. lexmark int'l, inc.. as of 2022, complaints about the longevity and repairability of printers remains. in the early 2000s, the automotive industry defeated the first proposal of a right to repair bill for the automotive sector. while the national automotive service task force ( nastf ), an organization supported by the automotive industry, established an online directory for accessing manufacturer information and tools in 2001, a study conducted by the terrance group found that around 59 % of independent repair services continued to struggle to get access to diagnostic tools and parts from manufacturers.
Answer:
|
negligence, relying on the sale of an inherently dangerous produc
| 0.3 |
Storekeeper, the owner of a large hardware store, sells power saws for both personal and commercial use. He often takes old power saws as trade-ins on new ones. The old power saws are then completely disassembled and rebuilt with new bearings by Storekeeper's employees and sold by Storekeeper as "reconditioned saws." Purchaser, the owner and operator of a cabinetmaking shop, informed Storekeeper that he wanted to buy a reconditioned circular saw for use in his cabinetmaking business. However, the blade that was on the saw he picked out had very coarse teeth for cutting rough lumber. Purchaser told Storekeeper that he wanted a saw blade that would cut plywood. Storekeeper exchanged the coarse blade for a new one with finer teeth that would cut plywood smoothly. The new blade was manufactured by Saw-Blade Company, which uses all available techniques to inspect its products for defects. The reconditioned saw had been manufactured by Power Saw Company. The week after the saw was purchased, Employee, who works for Purchaser in Purchaser's cabinetmaking shop, was injured while using the saw. Employee's arm was severely cut. As a result, the cabinetmaking shop was shut down for a week until a replacement for Employee could be foundIf Employee was cutting a sheet of hard plastic, and while he was doing so, the saw blade flew to pieces and severely cut Employee's arm, and if Employee asserts a claim based on strict liability in tort against Saw-Blade Company, the defense most likely to prevail is
0. Employee did not purchase the saw blade.
1. the blade was being put to an improper use.
2. Employee was contributorily negligent in using the blade to cut hard plastic.
3. Saw-Blade Company used every available means to inspect the blade for defects.
stump of a pole, tree or bamboo and the preservative is forced into the wood with pressure from the engine. = = = incising = = = first tested and patented in 1911 and 1912, this process consists of making shallow, slit - like holes in the surfaces of material to be treated, so that deeper and more uniform penetration of preservative may be obtained. incisions made in sawed material usually are parallel with the grain of the wood. this process is common in north america ( since the 1950s ), where douglas - fir products and pole butts of various species are prepared before treatment. it is most useful for woods that are resistant to side penetration, but allow preservative transport along the grain. in the region in which it is produced, it is common practice to incise all sawed douglas - fir 3 in ( 76 mm ) or more in thickness before treatment. unfortunately, the impregnation of spruce, the most important structural timber in large areas in europe, has shown that unsatisfactory treatment depths have been achieved with impregnation. the maximum penetration of 2 mm ( 0. 079 in ) is not sufficient to protect wood in weathered positions. the present - day incising machines consist essentially of four revolving drums fitted with teeth or needles or with lasers that burn the incisions into the wood. preservatives can be spread along the grain up to 20 mm ( 0. 79 in ) in radial and up to 2 mm ( 0. 079 in ) in tangential and radial direction. in north america, where smaller timber dimensions are common, incision depths of 4 to 6 mm ( 0. 16 to 0. 24 in ) have become standard. in europe, where larger dimensions are widespread, incision depths of 10 to 12 mm ( 0. 39 to 0. 47 in ) are necessary. the incisions are visible and often considered to be wood error. incisions by laser are significantly smaller than those of spokes or needles. the costs for each process type are approximately for spoke / conventional all - round incising β¬0. 50 / m2, by laser incising β¬3. 60 / m2 and by needle incision β¬1. 00 / m2. ( figures originate from the year 1998 and may vary from present day prices. ) = = = microwaving = = = an alternative increases the permeability of timber using microwave technology. there is some concern that this method may adversely affect the structural performance of the
will activate and start cutting the tree. same as disc saw head, it can hold multiple trees before they are placed on the ground. chain saw head β the floppy head provides minimal control to place the trees on the ground. it might not suit to collect the cut trees or gather the cut stems in the felling head. = = cost - effectiveness = = the purchase cost of a feller buncher is around $ 180, 000 usd and its fuel consumption and lubricant consumption is high among other mechanical harvesting equipment. the feller buncher also has the highest hourly cost which is around $ 99. 5 when comparing other equipment such as a harvesters and grapple skidders. although the total cost of feller buncher is high in overall, the unit production price is the lowest which explains why feller buncher is considered the most cost - effective harvesting equipment. the average unit cost of the feller buncher is $ 12. 1 / m3 while the unit cost of the harvesters is $ 16. 5 / m3. the unit cost of the feller buncher is primary affected by the tree size and the tree volume. the unit felling cost is lower when the tree size increased. for example, tree with 5 inches at dbh has the unit cost of $ 70 while tree with 15 inches at dbh has the unit cost of $ 12. as the cost of feller buncher is high, only large tree volume can produce more profit to cover the high average cost. in terms of stump height, lower stump height can maximise the use of natural resources and prevent wood waste. mechanical felling such as using feller buncher can prevent 30 % of value loss caused by the high stumps. = = maintenance = = feller buncher requires daily maintenance before operation and some components only require periodic maintenance. it could ensure the safety of operators and all the workers around the operation. if damaged or faulty machine is operated, it could result in further damage to the machine which can be more expensive to repair. = = = daily or every 8 hours = = = = = = = lubrication = = = = the felling head is considered one of the hardest part of the feller buncher and it is necessary to apply lubricant to every joint for daily maintenance. it is suggested to apply lubricant to saw head clamps, wrist attachment and driveshaft bearings during every maintenance. the use of grease should meet the extreme pressure performance standard and contains 3 % of moly
also costly. = = limitations = = feller buncher could be highly productive and cost - effective but there are several limitations. feller buncher is less beneficial when performing operations on a very rough and relatively steep land. for example, in appalachian hardwood area, trees have heavy crowns and are grown on the steep slopes which requires tracked feller bunchers in the operations. although tracked feller bunchers allow operations on a steep slope, the cost - effectiveness is not well studied. also, manual felling can operate on the steeper slopes than the feller bunchers do. on the other hand, feller bunchers are cost - effective only when there is a high volume of trees in the operations. if there is not enough timber to harvest, the unit cost can be expensive, especially when the majority of the operation site is steep slopes. a 2013, university of maine study suggests that the use of feller bunchers could cause medium to high level of stand damage from 7 % to 25 %. however, in comparison with other equipment such as harvesters, the damage that is caused by the feller bunchers is less severe. = = see also = = woodchipper harvester skidder logging truck stump grinder = = references = = = = external links = = media related to feller bunchers at wikimedia commons
equipment. reparability : the rental companies contribute to a product design facilitating maintenance and repair activities, the rental companies focus on spare parts management, the rental companies ask for increased information on product repair from the equipment manufacturers. resource use : rental companies search for equipment to offer the most sustainable option to their customers. rental companies provide theoretical and practical trainings to their customers to optimize the use of equipment. reusability : components of the dismantled construction equipment can be reused. recyclability : rental companies take care of their equipment by : repairing when it is still possible, recycling when it is at the end of its life cycle, selling it to second hand markets, if it complies with regulations. rental companies use their bargaining power to demand equipment suppliers to invest more in r & d to limit the use of non - recyclable material, and take responsibility for end - of - life of equipment by collecting, reusing or recycling. = = = = carbon footprint of construction equipment = = = = an independent research study on the carbon footprint of construction equipment has demonstrated that the rental business model stimulates the efficient use of equipment and that this efficient use lowers the total carbon footprint. depending on specific user practice, this can lead to significant reductions, in the range of 30 %. the researchers of the study built a calculator to determine the carbon footprint of the use of construction equipment, based on various parameters. the parameters with the biggest influence on the carbon footprint of equipment are : intensity of use - maximizing the utilisation rate could reduce the amount of equipment required using the right equipment for the job transportation - shorter distances to a jobsite and higher load factors of the vehicles transporting the equipment maintenance - allowing extended lifetime era used this study to develop a free online tool to determine exact carbon footprint of construction equipment per hour of use of the equipment. the era equipment co2 calculator. = = what can be rented = = the equipment rental market goes well beyond construction machinery and can include rental equipment such as a dedicated server housed in a data center. in addition to the construction sector, the rental market supplies a wide range of customers and industries, including gardening and landscaping, municipal and forestry services, the event industry [ like pa equipment, led screens, camera / videography equipment, etc ], it infrastructure, and private clients. depending on the customer segment, specialized machinery and equipment are available. furthermore, the equipment on rental offer is often complemented by additional services. a brief overview of the different categories of equipment
difficult for independent repair shops to maintain a stock of parts. a couple of court cases have required products with repaired or refurbished components to be labeled as " used. " in 1947, a business owner was refurbishing old spark plugs and reselling them. however, he was reselling them under a trademarked name. this led to a lawsuit that provided the framework for legislation that would provide a right to resell repaired or refurbished items, as long as they were labelled correctly. champion spark plug co. v. sanders provided the basis of ftc guidelines which provides an uninfringeable right to resell repaired or refurbished items as long as they were labeled as such. the decision also provided the framework for trademark guidelines regarding the resale of used goods under a trademarked namesake. ftc guidelines title 16, chapter i, subchapter b, part 20 provides guidance and regulations on the labeling of items that have been β rebuilt β, β refurbished β, or β re - manufactured β in order to prevent unfair competitive advantage in selling components in the automobile industry. this guideline hence allowed businesses the ability to repair items, for resale later. some manufacturers shifted towards more repairable designs. apple, which rose quickly to become one of the largest computer manufacturers, sold the first computers with circuit board descriptions, easy - to - swap components, and clear repair instructions. copyright with regard to computer software source code also became a front on the limitation of repairability. in the u. s., the digital millennium copyright act of 1998 prohibits repairs unless granted an exception, and has been used to block repairs as software became more common in a range of devices and appliances. to prevent refilling of empty ink cartridges, manufacturers had started placing microchips counting fill levels and usage, rendering refills difficult or impossible. reselling and refurbishing products was confirmed to be legal by the supreme court in 2017 in impression prods., inc. v. lexmark int'l, inc.. as of 2022, complaints about the longevity and repairability of printers remains. in the early 2000s, the automotive industry defeated the first proposal of a right to repair bill for the automotive sector. while the national automotive service task force ( nastf ), an organization supported by the automotive industry, established an online directory for accessing manufacturer information and tools in 2001, a study conducted by the terrance group found that around 59 % of independent repair services continued to struggle to get access to diagnostic tools and parts from manufacturers.
Answer:
|
the blade was being put to an improper use.
| null |
Storekeeper, the owner of a large hardware store, sells power saws for both personal and commercial use. He often takes old power saws as trade-ins on new ones. The old power saws are then completely disassembled and rebuilt with new bearings by Storekeeper's employees and sold by Storekeeper as "reconditioned saws." Purchaser, the owner and operator of a cabinetmaking shop, informed Storekeeper that he wanted to buy a reconditioned circular saw for use in his cabinetmaking business. However, the blade that was on the saw he picked out had very coarse teeth for cutting rough lumber. Purchaser told Storekeeper that he wanted a saw blade that would cut plywood. Storekeeper exchanged the coarse blade for a new one with finer teeth that would cut plywood smoothly. The new blade was manufactured by Saw-Blade Company, which uses all available techniques to inspect its products for defects. The reconditioned saw had been manufactured by Power Saw Company. The week after the saw was purchased, Employee, who works for Purchaser in Purchaser's cabinetmaking shop, was injured while using the saw. Employee's arm was severely cut. As a result, the cabinetmaking shop was shut down for a week until a replacement for Employee could be foundIf Employee was cutting a sheet of hard plastic, and while he was doing so, the saw blade flew to pieces and severely cut Employee's arm, and if Employee asserts a claim based on strict liability in tort against Saw-Blade Company, the defense most likely to prevail is
0. Employee did not purchase the saw blade.
1. the blade was being put to an improper use.
2. Employee was contributorily negligent in using the blade to cut hard plastic.
3. Saw-Blade Company used every available means to inspect the blade for defects.
stump of a pole, tree or bamboo and the preservative is forced into the wood with pressure from the engine. = = = incising = = = first tested and patented in 1911 and 1912, this process consists of making shallow, slit - like holes in the surfaces of material to be treated, so that deeper and more uniform penetration of preservative may be obtained. incisions made in sawed material usually are parallel with the grain of the wood. this process is common in north america ( since the 1950s ), where douglas - fir products and pole butts of various species are prepared before treatment. it is most useful for woods that are resistant to side penetration, but allow preservative transport along the grain. in the region in which it is produced, it is common practice to incise all sawed douglas - fir 3 in ( 76 mm ) or more in thickness before treatment. unfortunately, the impregnation of spruce, the most important structural timber in large areas in europe, has shown that unsatisfactory treatment depths have been achieved with impregnation. the maximum penetration of 2 mm ( 0. 079 in ) is not sufficient to protect wood in weathered positions. the present - day incising machines consist essentially of four revolving drums fitted with teeth or needles or with lasers that burn the incisions into the wood. preservatives can be spread along the grain up to 20 mm ( 0. 79 in ) in radial and up to 2 mm ( 0. 079 in ) in tangential and radial direction. in north america, where smaller timber dimensions are common, incision depths of 4 to 6 mm ( 0. 16 to 0. 24 in ) have become standard. in europe, where larger dimensions are widespread, incision depths of 10 to 12 mm ( 0. 39 to 0. 47 in ) are necessary. the incisions are visible and often considered to be wood error. incisions by laser are significantly smaller than those of spokes or needles. the costs for each process type are approximately for spoke / conventional all - round incising β¬0. 50 / m2, by laser incising β¬3. 60 / m2 and by needle incision β¬1. 00 / m2. ( figures originate from the year 1998 and may vary from present day prices. ) = = = microwaving = = = an alternative increases the permeability of timber using microwave technology. there is some concern that this method may adversely affect the structural performance of the
will activate and start cutting the tree. same as disc saw head, it can hold multiple trees before they are placed on the ground. chain saw head β the floppy head provides minimal control to place the trees on the ground. it might not suit to collect the cut trees or gather the cut stems in the felling head. = = cost - effectiveness = = the purchase cost of a feller buncher is around $ 180, 000 usd and its fuel consumption and lubricant consumption is high among other mechanical harvesting equipment. the feller buncher also has the highest hourly cost which is around $ 99. 5 when comparing other equipment such as a harvesters and grapple skidders. although the total cost of feller buncher is high in overall, the unit production price is the lowest which explains why feller buncher is considered the most cost - effective harvesting equipment. the average unit cost of the feller buncher is $ 12. 1 / m3 while the unit cost of the harvesters is $ 16. 5 / m3. the unit cost of the feller buncher is primary affected by the tree size and the tree volume. the unit felling cost is lower when the tree size increased. for example, tree with 5 inches at dbh has the unit cost of $ 70 while tree with 15 inches at dbh has the unit cost of $ 12. as the cost of feller buncher is high, only large tree volume can produce more profit to cover the high average cost. in terms of stump height, lower stump height can maximise the use of natural resources and prevent wood waste. mechanical felling such as using feller buncher can prevent 30 % of value loss caused by the high stumps. = = maintenance = = feller buncher requires daily maintenance before operation and some components only require periodic maintenance. it could ensure the safety of operators and all the workers around the operation. if damaged or faulty machine is operated, it could result in further damage to the machine which can be more expensive to repair. = = = daily or every 8 hours = = = = = = = lubrication = = = = the felling head is considered one of the hardest part of the feller buncher and it is necessary to apply lubricant to every joint for daily maintenance. it is suggested to apply lubricant to saw head clamps, wrist attachment and driveshaft bearings during every maintenance. the use of grease should meet the extreme pressure performance standard and contains 3 % of moly
also costly. = = limitations = = feller buncher could be highly productive and cost - effective but there are several limitations. feller buncher is less beneficial when performing operations on a very rough and relatively steep land. for example, in appalachian hardwood area, trees have heavy crowns and are grown on the steep slopes which requires tracked feller bunchers in the operations. although tracked feller bunchers allow operations on a steep slope, the cost - effectiveness is not well studied. also, manual felling can operate on the steeper slopes than the feller bunchers do. on the other hand, feller bunchers are cost - effective only when there is a high volume of trees in the operations. if there is not enough timber to harvest, the unit cost can be expensive, especially when the majority of the operation site is steep slopes. a 2013, university of maine study suggests that the use of feller bunchers could cause medium to high level of stand damage from 7 % to 25 %. however, in comparison with other equipment such as harvesters, the damage that is caused by the feller bunchers is less severe. = = see also = = woodchipper harvester skidder logging truck stump grinder = = references = = = = external links = = media related to feller bunchers at wikimedia commons
equipment. reparability : the rental companies contribute to a product design facilitating maintenance and repair activities, the rental companies focus on spare parts management, the rental companies ask for increased information on product repair from the equipment manufacturers. resource use : rental companies search for equipment to offer the most sustainable option to their customers. rental companies provide theoretical and practical trainings to their customers to optimize the use of equipment. reusability : components of the dismantled construction equipment can be reused. recyclability : rental companies take care of their equipment by : repairing when it is still possible, recycling when it is at the end of its life cycle, selling it to second hand markets, if it complies with regulations. rental companies use their bargaining power to demand equipment suppliers to invest more in r & d to limit the use of non - recyclable material, and take responsibility for end - of - life of equipment by collecting, reusing or recycling. = = = = carbon footprint of construction equipment = = = = an independent research study on the carbon footprint of construction equipment has demonstrated that the rental business model stimulates the efficient use of equipment and that this efficient use lowers the total carbon footprint. depending on specific user practice, this can lead to significant reductions, in the range of 30 %. the researchers of the study built a calculator to determine the carbon footprint of the use of construction equipment, based on various parameters. the parameters with the biggest influence on the carbon footprint of equipment are : intensity of use - maximizing the utilisation rate could reduce the amount of equipment required using the right equipment for the job transportation - shorter distances to a jobsite and higher load factors of the vehicles transporting the equipment maintenance - allowing extended lifetime era used this study to develop a free online tool to determine exact carbon footprint of construction equipment per hour of use of the equipment. the era equipment co2 calculator. = = what can be rented = = the equipment rental market goes well beyond construction machinery and can include rental equipment such as a dedicated server housed in a data center. in addition to the construction sector, the rental market supplies a wide range of customers and industries, including gardening and landscaping, municipal and forestry services, the event industry [ like pa equipment, led screens, camera / videography equipment, etc ], it infrastructure, and private clients. depending on the customer segment, specialized machinery and equipment are available. furthermore, the equipment on rental offer is often complemented by additional services. a brief overview of the different categories of equipment
difficult for independent repair shops to maintain a stock of parts. a couple of court cases have required products with repaired or refurbished components to be labeled as " used. " in 1947, a business owner was refurbishing old spark plugs and reselling them. however, he was reselling them under a trademarked name. this led to a lawsuit that provided the framework for legislation that would provide a right to resell repaired or refurbished items, as long as they were labelled correctly. champion spark plug co. v. sanders provided the basis of ftc guidelines which provides an uninfringeable right to resell repaired or refurbished items as long as they were labeled as such. the decision also provided the framework for trademark guidelines regarding the resale of used goods under a trademarked namesake. ftc guidelines title 16, chapter i, subchapter b, part 20 provides guidance and regulations on the labeling of items that have been β rebuilt β, β refurbished β, or β re - manufactured β in order to prevent unfair competitive advantage in selling components in the automobile industry. this guideline hence allowed businesses the ability to repair items, for resale later. some manufacturers shifted towards more repairable designs. apple, which rose quickly to become one of the largest computer manufacturers, sold the first computers with circuit board descriptions, easy - to - swap components, and clear repair instructions. copyright with regard to computer software source code also became a front on the limitation of repairability. in the u. s., the digital millennium copyright act of 1998 prohibits repairs unless granted an exception, and has been used to block repairs as software became more common in a range of devices and appliances. to prevent refilling of empty ink cartridges, manufacturers had started placing microchips counting fill levels and usage, rendering refills difficult or impossible. reselling and refurbishing products was confirmed to be legal by the supreme court in 2017 in impression prods., inc. v. lexmark int'l, inc.. as of 2022, complaints about the longevity and repairability of printers remains. in the early 2000s, the automotive industry defeated the first proposal of a right to repair bill for the automotive sector. while the national automotive service task force ( nastf ), an organization supported by the automotive industry, established an online directory for accessing manufacturer information and tools in 2001, a study conducted by the terrance group found that around 59 % of independent repair services continued to struggle to get access to diagnostic tools and parts from manufacturers.
Answer:
|
Employee did not purchase the saw blade.
| 0.3 |
In which of the following situations is Defendant most likely to be guilty of common law murder?
0. Angered because his neighbor is having a noisy party, Defendant fires a rifle into the neighbor's house. The bullet strikes and kills a guest at the party.
1. During an argument, Harry slaps Defendant. Angered, Defendant responds by shooting and killing Harry.
2. Defendant drives his car through a red light and strikes and kills a pedestrian who is crossing the street.
3. Using his fist, Defendant punches Walter in the face. As a result of the blow, Walter falls and hits his head on a concrete curb, suffers a concussion, and dies
##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 β based only on the fact that his blood type matches that of the killer β 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
why the crime scenes for these offenders are messy. = = habits and crime patterns = = disorganized offenders do not venture far from their homes when committing murders, as they often lack consistent traveling methods ( such as a car ). during the assault, disorganized offenders are usually not aware of their actions or the repercussions ; they are caught up in the delusions they have deemed reality instead. they do not plan out who their victims will be, it is merely situational ; they are either chosen at random or are people they know personally, and physical characteristics may not play an important role. the disorganized offender's actions are based mainly on spontaneity, which is why physical characteristics may not be as relevant to them in the moment. a common pattern found in disorganized crimes is that the victim is depersonalized as well. these individuals kill for the sole purpose of control and dominance, a trauma response to the abuse they faced at a younger age. during the crime, the offender may be using drugs or alcohol. the murder is sadistic ; the disorganized offender uses overkill. a disorganized offender may stab their victim repeatedly, even after death. they may also dismember or cut the body, including parts of the face. because the crime is unplanned, the murder weapon is usually found near the scene and there are fingerprints or dna left on scene as well. a common method used by disorganized offenders is the " blitz " attack, which is where the offender uses extreme force on the victim to gain control over them. they do not attempt to hide or conceal the crime ; the body usually remains where the crime occurred. = = interview techniques = = the fbi has tracked a plethora of patterns for the disorganized offender, and they have also compiled a list of interview techniques that will help the offender open up or confess. one particular strategy is connecting with the offender on a personal level. creating a bond and having the interviewer highlight that they understand the offender will help them feel more comfortable in the situation. disorganized offenders are not used to frequent social interactions, and therefore it is crucial to not immediately jump into the crime scene investigation and interrogation. instead, approaching the situation in a roundabout way by discussing other events and then casually bringing up the main concern is another way to build trust. taking an aggressive approach is not going to be successful in this scenario ; trust is the key in this interaction
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 β 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 β requiring jury selection from the population of the state and court district where the crime is committed β may
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 β 14. leiper, s. ( 1994 ). " crime and propaganda ". propaganda review, vol. 11, pp. 44 β 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
a victimless crime is an illegal act that typically either directly involves only the perpetrator or occurs between consenting adults. because it is consensual in nature, whether there involves a victim is a matter of debate. definitions of victimless crimes vary in different parts of the world and different law systems, but usually include possession of any illegal contraband, recreational drug use, prostitution and prohibited sexual behavior between consenting adults, assisted suicide, and smuggling among other similar infractions. in politics, a lobbyist or an activist might use the term victimless crime with the implication that the law in question should be abolished. victimless crimes are, in the harm principle of john stuart mill, " victimless " from a position that considers the individual as the sole sovereign, to the exclusion of more abstract bodies such as a community or a state against which criminal offenses may be directed. they may be considered offenses against the state rather than society. = = definition = = according to the university of chicago's vice scholar, jim leitzel, three characteristics can be used to identify whether a crime is a victimless crime : if the act is excessive, is indicative of a distinct pattern of behavior, and its adverse effects impact only the person who has engaged in it. in theory, each polity determines its own laws so as to maximize the happiness of its citizens. but as knowledge, behavior and values change, laws in most countries lag greatly behind these social changes. once a majority believes that the law is unnecessary, this law prohibits a victimless crime, until it is repealed. = = examples = = many victimless crimes begin because of a desire to obtain illegal products or services that are in high demand. criminal penalties thus tend to limit the supply more than the demand, driving up the black - market price and creating monopoly profits for those criminals who remain in business. this " crime tariff " encourages the growth of sophisticated and well - organized criminal groups. organized crime in turn tends to diversify into other areas of crime. large profits provide ample funds for bribery of public officials, as well as capital for diversification. the war on drugs is a commonly cited example of prosecution of victimless crime. the reasoning behind this is that drug use does not directly harm other people. one 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
Answer:
|
Angered because his neighbor is having a noisy party, Defendant fires a rifle into the neighbor's house. The bullet strikes and kills a guest at the party.
| null |
In which of the following situations is Defendant most likely to be guilty of common law murder?
0. Angered because his neighbor is having a noisy party, Defendant fires a rifle into the neighbor's house. The bullet strikes and kills a guest at the party.
1. During an argument, Harry slaps Defendant. Angered, Defendant responds by shooting and killing Harry.
2. Defendant drives his car through a red light and strikes and kills a pedestrian who is crossing the street.
3. Using his fist, Defendant punches Walter in the face. As a result of the blow, Walter falls and hits his head on a concrete curb, suffers a concussion, and dies
##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 β based only on the fact that his blood type matches that of the killer β 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
why the crime scenes for these offenders are messy. = = habits and crime patterns = = disorganized offenders do not venture far from their homes when committing murders, as they often lack consistent traveling methods ( such as a car ). during the assault, disorganized offenders are usually not aware of their actions or the repercussions ; they are caught up in the delusions they have deemed reality instead. they do not plan out who their victims will be, it is merely situational ; they are either chosen at random or are people they know personally, and physical characteristics may not play an important role. the disorganized offender's actions are based mainly on spontaneity, which is why physical characteristics may not be as relevant to them in the moment. a common pattern found in disorganized crimes is that the victim is depersonalized as well. these individuals kill for the sole purpose of control and dominance, a trauma response to the abuse they faced at a younger age. during the crime, the offender may be using drugs or alcohol. the murder is sadistic ; the disorganized offender uses overkill. a disorganized offender may stab their victim repeatedly, even after death. they may also dismember or cut the body, including parts of the face. because the crime is unplanned, the murder weapon is usually found near the scene and there are fingerprints or dna left on scene as well. a common method used by disorganized offenders is the " blitz " attack, which is where the offender uses extreme force on the victim to gain control over them. they do not attempt to hide or conceal the crime ; the body usually remains where the crime occurred. = = interview techniques = = the fbi has tracked a plethora of patterns for the disorganized offender, and they have also compiled a list of interview techniques that will help the offender open up or confess. one particular strategy is connecting with the offender on a personal level. creating a bond and having the interviewer highlight that they understand the offender will help them feel more comfortable in the situation. disorganized offenders are not used to frequent social interactions, and therefore it is crucial to not immediately jump into the crime scene investigation and interrogation. instead, approaching the situation in a roundabout way by discussing other events and then casually bringing up the main concern is another way to build trust. taking an aggressive approach is not going to be successful in this scenario ; trust is the key in this interaction
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 β 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 β requiring jury selection from the population of the state and court district where the crime is committed β may
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 β 14. leiper, s. ( 1994 ). " crime and propaganda ". propaganda review, vol. 11, pp. 44 β 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
a victimless crime is an illegal act that typically either directly involves only the perpetrator or occurs between consenting adults. because it is consensual in nature, whether there involves a victim is a matter of debate. definitions of victimless crimes vary in different parts of the world and different law systems, but usually include possession of any illegal contraband, recreational drug use, prostitution and prohibited sexual behavior between consenting adults, assisted suicide, and smuggling among other similar infractions. in politics, a lobbyist or an activist might use the term victimless crime with the implication that the law in question should be abolished. victimless crimes are, in the harm principle of john stuart mill, " victimless " from a position that considers the individual as the sole sovereign, to the exclusion of more abstract bodies such as a community or a state against which criminal offenses may be directed. they may be considered offenses against the state rather than society. = = definition = = according to the university of chicago's vice scholar, jim leitzel, three characteristics can be used to identify whether a crime is a victimless crime : if the act is excessive, is indicative of a distinct pattern of behavior, and its adverse effects impact only the person who has engaged in it. in theory, each polity determines its own laws so as to maximize the happiness of its citizens. but as knowledge, behavior and values change, laws in most countries lag greatly behind these social changes. once a majority believes that the law is unnecessary, this law prohibits a victimless crime, until it is repealed. = = examples = = many victimless crimes begin because of a desire to obtain illegal products or services that are in high demand. criminal penalties thus tend to limit the supply more than the demand, driving up the black - market price and creating monopoly profits for those criminals who remain in business. this " crime tariff " encourages the growth of sophisticated and well - organized criminal groups. organized crime in turn tends to diversify into other areas of crime. large profits provide ample funds for bribery of public officials, as well as capital for diversification. the war on drugs is a commonly cited example of prosecution of victimless crime. the reasoning behind this is that drug use does not directly harm other people. one 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
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During an argument, Harry slaps Defendant. Angered, Defendant responds by shooting and killing Harry.
| 0.3 |
Miller is tried for armed robbery of the First Bank of City.The prosecution, in its case in chief, offers evidence that when Miller was arrested one day after the crime, he had a quantity of heroin and a hypodermic needle in his possession. This evidence should be
0. admitted to prove Miller's motive to commit the crime.
1. admitted to prove Miller's propensity to commit crimes.
2. excluded, because its probative value is substantially outweighed by the danger of unfair prejudice.
3. excluded, because such evidence may be offered only to rebut evidence of good character offered by a defendan
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.
##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 β based only on the fact that his blood type matches that of the killer β 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
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 = =
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 β 14. leiper, s. ( 1994 ). " crime and propaganda ". propaganda review, vol. 11, pp. 44 β 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
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 β 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 β and of other courtroom effects, such as perry mason syndrome and white coat syndrome β 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
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excluded, because its probative value is substantially outweighed by the danger of unfair prejudice.
| null |
Miller is tried for armed robbery of the First Bank of City.The prosecution, in its case in chief, offers evidence that when Miller was arrested one day after the crime, he had a quantity of heroin and a hypodermic needle in his possession. This evidence should be
0. admitted to prove Miller's motive to commit the crime.
1. admitted to prove Miller's propensity to commit crimes.
2. excluded, because its probative value is substantially outweighed by the danger of unfair prejudice.
3. excluded, because such evidence may be offered only to rebut evidence of good character offered by a defendan
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.
##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 β based only on the fact that his blood type matches that of the killer β 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
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 = =
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 β 14. leiper, s. ( 1994 ). " crime and propaganda ". propaganda review, vol. 11, pp. 44 β 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
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 β 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 β and of other courtroom effects, such as perry mason syndrome and white coat syndrome β 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
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admitted to prove Miller's motive to commit the crime.
| 0.3 |
Miller is tried for armed robbery of the First Bank of City.. The prosecutor offers the testimony of a bartender who will say that when he saw the money in Miller's wallet, he said, "You must have robbed a bank," to which Miller made no reply. This evidence is
0. admissible to prove that Miller's conduct caused the bartender to believe that Miller robbed the bank.
1. admissible as a statement made in the presence of the defendant.
2. inadmissible, because it would violate Miller's privilege against selfincrimination.
3. inadmissible, because Miller had no reason to respond to the bartender's statement.
an expensive process and inconsistent and unpredictable results. courts and scholars have recently developed market - based approaches to try to make this analysis simpler, more consistent across cases, and more predictable. = = = badges of fraud = = = evidence of actual intent is rarely available to a creditor for it would require proof of someone β s inner thoughts. because of that, creditors often have to rely on circumstantial evidence of fraud. to prove actual intent, the courts have developed " badges of fraud ", which, while not conclusive, are considered by the courts as circumstantial evidence of fraud : becoming insolvent because of the transfer ; lack or inadequacy of consideration ; family or insider relationship among parties ; the retention of possession, benefits or use of property in question ; the existence of the threat of litigation ; the financial situation of the debtor at the time of transfer or after transfer ; the existence or a cumulative effect of a series of transactions after the onset of debtor β s financial difficulties ; the general chronology of events ; secrecy of the transaction in question ; and deviation from the usual method or course of business. = = individual jurisdictions = = = = = australia = = = under australian law, if a transaction is entered into by a company which subsequently goes into liquidation, and the transaction was entered into by the company for the purpose of defeating, delaying or interfering with the rights of creditors during the 10 years prior to the relation back day, the courts may set it aside. the relation - back day is defined as either the day upon which the application for the company's winding - up was filed, or the date of the commencement of liquidation. = = = canada = = = canadian provinces have jurisdiction over property and civil rights, which includes conveyances of property. many provinces have statutes prohibiting fraudulent conveyances. they also prohibit the granting of fraudulent preferences, which purport to give certain creditors priority over other creditors in bankruptcy. however, bona fide purchasers for value without notice are generally not liable for the actions of the fraudulent conveyer. = = = united kingdom = = = fraudulent conveyances act 1571 ( repealed by the law of property act 1925 ) insolvency act 1986 section 423 = = = united states = = = in anglo - american law, the doctrine of fraudulent conveyance traces its origins back to twyne's case, in which an english farmer attempted to defraud his creditors by selling his sheep to a man named twyne, while remaining
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.
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 β requiring jury selection from the population of the state and court district where the crime is committed β 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
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
marc andreessen, in particular with respect to cryptocurrency assets. multiple instances of u. s. and canadian banks reportedly dropping muslim clients on questionable grounds have been covered in the media. = = = canada = = = in response to the canada convoy protest of 2022, at least 76 bank accounts linked to the protests totaling ca $ 3. 2 million were frozen under the emergencies act. = = see also = = deplatforming know your customer unbanked underbanked operation choke point = = references = = = = further reading = = durdner, tracey ; shetret, liat ( november 2015 ). " understanding bank de - risking and its effects on financial inclusion " ( pdf ). global center on cooperative security. oxfam.
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inadmissible, because Miller had no reason to respond to the bartender's statement.
| null |
Miller is tried for armed robbery of the First Bank of City.. The prosecutor offers the testimony of a bartender who will say that when he saw the money in Miller's wallet, he said, "You must have robbed a bank," to which Miller made no reply. This evidence is
0. admissible to prove that Miller's conduct caused the bartender to believe that Miller robbed the bank.
1. admissible as a statement made in the presence of the defendant.
2. inadmissible, because it would violate Miller's privilege against selfincrimination.
3. inadmissible, because Miller had no reason to respond to the bartender's statement.
an expensive process and inconsistent and unpredictable results. courts and scholars have recently developed market - based approaches to try to make this analysis simpler, more consistent across cases, and more predictable. = = = badges of fraud = = = evidence of actual intent is rarely available to a creditor for it would require proof of someone β s inner thoughts. because of that, creditors often have to rely on circumstantial evidence of fraud. to prove actual intent, the courts have developed " badges of fraud ", which, while not conclusive, are considered by the courts as circumstantial evidence of fraud : becoming insolvent because of the transfer ; lack or inadequacy of consideration ; family or insider relationship among parties ; the retention of possession, benefits or use of property in question ; the existence of the threat of litigation ; the financial situation of the debtor at the time of transfer or after transfer ; the existence or a cumulative effect of a series of transactions after the onset of debtor β s financial difficulties ; the general chronology of events ; secrecy of the transaction in question ; and deviation from the usual method or course of business. = = individual jurisdictions = = = = = australia = = = under australian law, if a transaction is entered into by a company which subsequently goes into liquidation, and the transaction was entered into by the company for the purpose of defeating, delaying or interfering with the rights of creditors during the 10 years prior to the relation back day, the courts may set it aside. the relation - back day is defined as either the day upon which the application for the company's winding - up was filed, or the date of the commencement of liquidation. = = = canada = = = canadian provinces have jurisdiction over property and civil rights, which includes conveyances of property. many provinces have statutes prohibiting fraudulent conveyances. they also prohibit the granting of fraudulent preferences, which purport to give certain creditors priority over other creditors in bankruptcy. however, bona fide purchasers for value without notice are generally not liable for the actions of the fraudulent conveyer. = = = united kingdom = = = fraudulent conveyances act 1571 ( repealed by the law of property act 1925 ) insolvency act 1986 section 423 = = = united states = = = in anglo - american law, the doctrine of fraudulent conveyance traces its origins back to twyne's case, in which an english farmer attempted to defraud his creditors by selling his sheep to a man named twyne, while remaining
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.
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 β requiring jury selection from the population of the state and court district where the crime is committed β 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
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
marc andreessen, in particular with respect to cryptocurrency assets. multiple instances of u. s. and canadian banks reportedly dropping muslim clients on questionable grounds have been covered in the media. = = = canada = = = in response to the canada convoy protest of 2022, at least 76 bank accounts linked to the protests totaling ca $ 3. 2 million were frozen under the emergencies act. = = see also = = deplatforming know your customer unbanked underbanked operation choke point = = references = = = = further reading = = durdner, tracey ; shetret, liat ( november 2015 ). " understanding bank de - risking and its effects on financial inclusion " ( pdf ). global center on cooperative security. oxfam.
Answer:
|
admissible to prove that Miller's conduct caused the bartender to believe that Miller robbed the bank.
| 0.3 |
Miller is tried for armed robbery of the First Bank of City.At the request of police, the teller who was robbed prepared a sketch bearing a strong likeness to Miller, but the teller died in an automobile accident before Miller was arrested. At trial the prosecution offers the sketch. The sketch is
0. admissible as an identification of a person after perceiving him.
1. admissible as past recollection recorded.
2. inadmissible as hearsay, not within any exception.
3. inadmissible as an opinion of the teller
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.
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
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 β requiring jury selection from the population of the state and court district where the crime is committed β 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
are schema - consistent. these were memories such as the method of getaway, demands by the robbers, and the robbers'physical appearance. the study also found that information that was schema - inconsistent but stood out as very abnormal for the participants was usually recalled more readily and was retained for the duration of the study. the authors of the study advise that interviewers of eyewitnesses should take note of such reports because there is a possibility that they may be accurate. = = = = cross - race effect = = = = reconstructing the face of another race requires the use of schemas that may not be as developed and refined as those of the same race. the cross - race effect is the tendency that people have to distinguish among other of their race than of other races. although the exact cause of the effect is unknown, two main theories are supported. the perceptual expertise hypothesis postulates that because most people are raised and are more likely to associate with others of the same race, they develop an expertise in identifying the faces of that race. the other main theory is the in - group advantage. it has been shown in the lab that people are better at discriminating the emotions of in - group members than those of out - groups. = = = = leading questions = = = = often during eyewitness testimonies, the witness is interrogated about their particular view of an incident and often the interrogator will use leading questions to direct and control the type of response that is elicited by the witness. this phenomenon occurs when the response a person gives can be persuaded by the way a question is worded. for example, a person could be posed a question in two different forms : " what was the approximate height of the robber? " which would lead the respondent to estimate the height according to their original perceptions. they could alternatively be asked : " how short was the robber? " which would persuade the respondent to recall that the robber was actually shorter than they had originally perceived. using this method of controlled interrogation, the direction of a witness cross - examination can often be controlled and manipulated by the individual who is posing questions to fit their own needs and intentions. = = = retrieval cues = = = after the information is encoded and stored in our memory, specific cues are often needed to retrieve these memories. these are known as retrieval cues and they play a major role in reconstructive memory. the use of retrieval cues can both promote the accuracy of reconstructive
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
Answer:
|
inadmissible as hearsay, not within any exception.
| null |
Miller is tried for armed robbery of the First Bank of City.At the request of police, the teller who was robbed prepared a sketch bearing a strong likeness to Miller, but the teller died in an automobile accident before Miller was arrested. At trial the prosecution offers the sketch. The sketch is
0. admissible as an identification of a person after perceiving him.
1. admissible as past recollection recorded.
2. inadmissible as hearsay, not within any exception.
3. inadmissible as an opinion of the teller
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.
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
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 β requiring jury selection from the population of the state and court district where the crime is committed β 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
are schema - consistent. these were memories such as the method of getaway, demands by the robbers, and the robbers'physical appearance. the study also found that information that was schema - inconsistent but stood out as very abnormal for the participants was usually recalled more readily and was retained for the duration of the study. the authors of the study advise that interviewers of eyewitnesses should take note of such reports because there is a possibility that they may be accurate. = = = = cross - race effect = = = = reconstructing the face of another race requires the use of schemas that may not be as developed and refined as those of the same race. the cross - race effect is the tendency that people have to distinguish among other of their race than of other races. although the exact cause of the effect is unknown, two main theories are supported. the perceptual expertise hypothesis postulates that because most people are raised and are more likely to associate with others of the same race, they develop an expertise in identifying the faces of that race. the other main theory is the in - group advantage. it has been shown in the lab that people are better at discriminating the emotions of in - group members than those of out - groups. = = = = leading questions = = = = often during eyewitness testimonies, the witness is interrogated about their particular view of an incident and often the interrogator will use leading questions to direct and control the type of response that is elicited by the witness. this phenomenon occurs when the response a person gives can be persuaded by the way a question is worded. for example, a person could be posed a question in two different forms : " what was the approximate height of the robber? " which would lead the respondent to estimate the height according to their original perceptions. they could alternatively be asked : " how short was the robber? " which would persuade the respondent to recall that the robber was actually shorter than they had originally perceived. using this method of controlled interrogation, the direction of a witness cross - examination can often be controlled and manipulated by the individual who is posing questions to fit their own needs and intentions. = = = retrieval cues = = = after the information is encoded and stored in our memory, specific cues are often needed to retrieve these memories. these are known as retrieval cues and they play a major role in reconstructive memory. the use of retrieval cues can both promote the accuracy of reconstructive
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
Answer:
|
admissible as an identification of a person after perceiving him.
| 0.3 |
Miller is tried for armed robbery of the First Bank of City.Miller testified on direct examination that he had never been in the First Bank of City. His counsel asked, "What, if anything, did you tell the police when you were arrested?" If his answer was "I told them I had never been in the bank," this answer would be
0. admissible to prove that Miller had never been in the bank.
1. admissible as a prior consistent statement.
2. inadmissible as hearsay, not within any exception.
3. inadmissible, because it was a self-serving statement by a person with a substantial motive to fabricate
= = a 2006 paper by philip n. s. rumney in the cambridge law journal offers a review of studies of false reporting in the us, new zealand and the uk. rumney draws two conclusions from his review of literature : the police continue to misapply the " no - crime " or " unfounded " criteria. studies by kelly et al. ( 2005 ), lea et al. ( 2003 ), hmcpsi / hmic ( 2002 ), harris and grace ( 1999 ), smith ( 1989 ), and others found that police decisions to apply the label " no - crime " were frequently dubious and based entirely on the officer's personal judgment. rumney notes that some officers seem to " have fixed views and expectations about how genuine rape victims should react to their victimization ". he adds that " qualitative research also suggests that some officers continue to exhibit an unjustified scepticism of rape complainants, while others interpret such things as lack of evidence or complaint withdrawal as'proof'of a false allegation ". it is impossible to " discern with any degree of certainty the actual rate of false allegations " because many of the studies of false allegations have adopted unreliable or untested research methodologies. he argues, for instance, that in addition to their small sample size, the studies by maclean ( 1979 ) and stewart ( 1981 ) used questionable criteria to judge an allegation to be false. maclean deemed reports " false " if, for instance, the victim did not appear " dishevelled " and stewart, in one instance, considered a case disproved, stating that " it was totally impossible to have removed her extremely tight undergarments from her extremely large body against her will ". = = = = criticism = = = = american psychologist david lisak criticized the collection of studies used in rumney's 2006 paper, which estimated the rate of false allegations as between 1. 5 and 90 %. lisak stated that upon investigation many of the statistics are misleading and " when the sources of these estimates are examined carefully it is clear that only a fraction of the reports represent credible studies and that these credible studies indicate far less variability in false reporting rates. " lisak points out that even in the original paper, rumney concludes that many of the studies have inadequacies and should not be used to estimate the frequency of false rape reports. = = = police in victoria, australia ( 2006 ) = = = a study of 850 rape accusations made to police in
( e. g., medical records, security camera records ). for example, if key elements of a victim's account of an assault were internally inconsistent and directly contradicted by multiple witnesses and if the victim then altered those key elements of his or her account, investigators might conclude that the report was false. that conclusion would have been based not on a single interview, or on intuitions about the credibility of the victim, but on a " preponderance of evidence gathered over the course of a thorough investigation. " = = = burman, lovett & kelly, europe ( 2009 ) = = = in a study of the first 100 rape reports after april 1, 2004, in scotland, researchers found that about 4 % of reports were designated by police to be false. a separate report by the same researchers that year which studied primary data from several countries in europe, including austria, belgium, england, france, germany, greece, hungary, ireland, portugal, scotland, sweden, and wales, found the average proportion of reports designated by police as false was about 4 %, and wasn't higher than 9 % in any country they studied. they noted that cases where the police doubt the allegation may be " hidden in the β no evidence of sexual assault'category " rather than listed in the " designated false " category and suggested more detailed research into explicating both categories. = = = ministry of justice, uk ( 2008 β 2009 ) = = = the uk ministry of justice in their research series published a report describing the analysis of 1, 149 case files of violent crimes recorded april 2008 to march 2009. they noted that 12 % of rape allegations fell into a broader definition of false accusations ( victim was intoxicated, there was a delay in reporting the crime, victim retracted the complaint after the fact, or no evidence of bodily harm was recorded ). approximately 3 % of the rape allegations were identified as malicious ( determined to be intentionally false ). when it came to cases with grievous bodily harm ( gbh ), even the broader definition ( no evidence, delayed report, retraction, or intoxicated victim ) accounted for only 2 % of crimes. = = = rumney, us, new zealand, uk ( 2006 ) = = = a 2006 paper by philip n. s. rumney in the cambridge law journal offers a review of studies of false reporting in the us, new zealand and the uk. rumney draws two conclusions from his review of literature : the police continue
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 β requiring jury selection from the population of the state and court district where the crime is committed β 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
disability, such as whether the disability is physical or psychological, visible or non - visible, or whether the applicant is perceived as responsible for the disability or not. therefore, applicants should make their own conclusions about how to proceed in the interview after comparing their situations with those examined in the research discussed here. = = = applicants with criminal backgrounds = = = although it is illegal for employers to ask about applicants β arrest record during an interview as a deciding factor in applicant hiring decisions, employers do have the right to obtain information about applicants β criminal convictions before hiring, including during the interview phase. many companies consider hiring applicants with criminal history a liability. for instance, if a company hired someone with an assault charge and that person later assaulted another employee or vendor, some people would say that the company was liable or legally responsible for not maintaining a safe work environment. although the legalities are more complex, this potential responsibility an organization may carry often is a reason why many companies conduct criminal background checks. when making hiring decisions that somewhat depend on one's criminal background, employers must consider the following : employers should only ask about an applicant's criminal conviction history if it is job related. treating job applicants with criminal histories differently based on their race or national origin is a disparate treatment liability. disparate treatment is defined as intentional discrimination if employers ask about criminal convictions in the interview process, the interviewer must ask all interviewees and not just interviewees of a perceived sex, race, or national origin. excluding applicants with certain criminal records may end up overly excluding groups of individuals protected under title vii which is a disparate impact liability. disparate impact is defined as unintentional discrimination. some states have different laws about how arrest and conviction records can be used in hiring decisions and when employers can obtain information about criminal records. although not much research has been conducted to examine whether applicants should talk about their criminal histories or not, a 2012 study found that employers were more likely to hire someone with a criminal record if the applicant made face - to - face contact with the employer and was prepared and willing to discuss his / her job related knowledge. applicants also had an increased chance of being hired if they discussed what they learned from their experience in the justice system, as well as how they were rehabilitated, during the interview. this study found that employers preferred applicants that revealed their criminal records upfront and were willing to take responsibility for their actions. ban the box is a campaign to remove the question about criminal history from job applications as an opportunity to
of america sent out numerous dmca takedown notices, and there was a massive internet backlash triggered by the perceived impact of such notices on fair use and free speech. = = = forced disclosure of encryption keys = = = in the united kingdom, the regulation of investigatory powers act gives uk police the powers to force suspects to decrypt files or hand over passwords that protect encryption keys. failure to comply is an offense in its own right, punishable on conviction by a two - year jail sentence or up to five years in cases involving national security. successful prosecutions have occurred under the act ; the first, in 2009, resulted in a term of 13 months'imprisonment. similar forced disclosure laws in australia, finland, france, and india compel individual suspects under investigation to hand over encryption keys or passwords during a criminal investigation. in the united states, the federal criminal case of united states v. fricosu addressed whether a search warrant can compel a person to reveal an encryption passphrase or password. the electronic frontier foundation ( eff ) argued that this is a violation of the protection from self - incrimination given by the fifth amendment. in 2012, the court ruled that under the all writs act, the defendant was required to produce an unencrypted hard drive for the court. in many jurisdictions, the legal status of forced disclosure remains unclear. the 2016 fbi β apple encryption dispute concerns the ability of courts in the united states to compel manufacturers'assistance in unlocking cell phones whose contents are cryptographically protected. as a potential counter - measure to forced disclosure some cryptographic software supports plausible deniability, where the encrypted data is indistinguishable from unused random data ( for example such as that of a drive which has been securely wiped ). = = see also = = collision attack comparison of cryptography libraries cryptovirology β securing and encrypting virology crypto wars β attempts to limit access to strong cryptography encyclopedia of cryptography and security β book by technische universiteit eindhoven global surveillance β mass surveillance across national borders indistinguishability obfuscation β type of cryptographic software obfuscation information theory β scientific study of digital information outline of cryptography list of cryptographers β a list of historical mathmaticians list of multiple discoveries list of unsolved problems in computer science β list of unsolved computational problems pre - shared key β method to set encryption keys secure cryptoproces
Answer:
|
inadmissible as hearsay, not within any exception.
| null |
Miller is tried for armed robbery of the First Bank of City.Miller testified on direct examination that he had never been in the First Bank of City. His counsel asked, "What, if anything, did you tell the police when you were arrested?" If his answer was "I told them I had never been in the bank," this answer would be
0. admissible to prove that Miller had never been in the bank.
1. admissible as a prior consistent statement.
2. inadmissible as hearsay, not within any exception.
3. inadmissible, because it was a self-serving statement by a person with a substantial motive to fabricate
= = a 2006 paper by philip n. s. rumney in the cambridge law journal offers a review of studies of false reporting in the us, new zealand and the uk. rumney draws two conclusions from his review of literature : the police continue to misapply the " no - crime " or " unfounded " criteria. studies by kelly et al. ( 2005 ), lea et al. ( 2003 ), hmcpsi / hmic ( 2002 ), harris and grace ( 1999 ), smith ( 1989 ), and others found that police decisions to apply the label " no - crime " were frequently dubious and based entirely on the officer's personal judgment. rumney notes that some officers seem to " have fixed views and expectations about how genuine rape victims should react to their victimization ". he adds that " qualitative research also suggests that some officers continue to exhibit an unjustified scepticism of rape complainants, while others interpret such things as lack of evidence or complaint withdrawal as'proof'of a false allegation ". it is impossible to " discern with any degree of certainty the actual rate of false allegations " because many of the studies of false allegations have adopted unreliable or untested research methodologies. he argues, for instance, that in addition to their small sample size, the studies by maclean ( 1979 ) and stewart ( 1981 ) used questionable criteria to judge an allegation to be false. maclean deemed reports " false " if, for instance, the victim did not appear " dishevelled " and stewart, in one instance, considered a case disproved, stating that " it was totally impossible to have removed her extremely tight undergarments from her extremely large body against her will ". = = = = criticism = = = = american psychologist david lisak criticized the collection of studies used in rumney's 2006 paper, which estimated the rate of false allegations as between 1. 5 and 90 %. lisak stated that upon investigation many of the statistics are misleading and " when the sources of these estimates are examined carefully it is clear that only a fraction of the reports represent credible studies and that these credible studies indicate far less variability in false reporting rates. " lisak points out that even in the original paper, rumney concludes that many of the studies have inadequacies and should not be used to estimate the frequency of false rape reports. = = = police in victoria, australia ( 2006 ) = = = a study of 850 rape accusations made to police in
( e. g., medical records, security camera records ). for example, if key elements of a victim's account of an assault were internally inconsistent and directly contradicted by multiple witnesses and if the victim then altered those key elements of his or her account, investigators might conclude that the report was false. that conclusion would have been based not on a single interview, or on intuitions about the credibility of the victim, but on a " preponderance of evidence gathered over the course of a thorough investigation. " = = = burman, lovett & kelly, europe ( 2009 ) = = = in a study of the first 100 rape reports after april 1, 2004, in scotland, researchers found that about 4 % of reports were designated by police to be false. a separate report by the same researchers that year which studied primary data from several countries in europe, including austria, belgium, england, france, germany, greece, hungary, ireland, portugal, scotland, sweden, and wales, found the average proportion of reports designated by police as false was about 4 %, and wasn't higher than 9 % in any country they studied. they noted that cases where the police doubt the allegation may be " hidden in the β no evidence of sexual assault'category " rather than listed in the " designated false " category and suggested more detailed research into explicating both categories. = = = ministry of justice, uk ( 2008 β 2009 ) = = = the uk ministry of justice in their research series published a report describing the analysis of 1, 149 case files of violent crimes recorded april 2008 to march 2009. they noted that 12 % of rape allegations fell into a broader definition of false accusations ( victim was intoxicated, there was a delay in reporting the crime, victim retracted the complaint after the fact, or no evidence of bodily harm was recorded ). approximately 3 % of the rape allegations were identified as malicious ( determined to be intentionally false ). when it came to cases with grievous bodily harm ( gbh ), even the broader definition ( no evidence, delayed report, retraction, or intoxicated victim ) accounted for only 2 % of crimes. = = = rumney, us, new zealand, uk ( 2006 ) = = = a 2006 paper by philip n. s. rumney in the cambridge law journal offers a review of studies of false reporting in the us, new zealand and the uk. rumney draws two conclusions from his review of literature : the police continue
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 β requiring jury selection from the population of the state and court district where the crime is committed β 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
disability, such as whether the disability is physical or psychological, visible or non - visible, or whether the applicant is perceived as responsible for the disability or not. therefore, applicants should make their own conclusions about how to proceed in the interview after comparing their situations with those examined in the research discussed here. = = = applicants with criminal backgrounds = = = although it is illegal for employers to ask about applicants β arrest record during an interview as a deciding factor in applicant hiring decisions, employers do have the right to obtain information about applicants β criminal convictions before hiring, including during the interview phase. many companies consider hiring applicants with criminal history a liability. for instance, if a company hired someone with an assault charge and that person later assaulted another employee or vendor, some people would say that the company was liable or legally responsible for not maintaining a safe work environment. although the legalities are more complex, this potential responsibility an organization may carry often is a reason why many companies conduct criminal background checks. when making hiring decisions that somewhat depend on one's criminal background, employers must consider the following : employers should only ask about an applicant's criminal conviction history if it is job related. treating job applicants with criminal histories differently based on their race or national origin is a disparate treatment liability. disparate treatment is defined as intentional discrimination if employers ask about criminal convictions in the interview process, the interviewer must ask all interviewees and not just interviewees of a perceived sex, race, or national origin. excluding applicants with certain criminal records may end up overly excluding groups of individuals protected under title vii which is a disparate impact liability. disparate impact is defined as unintentional discrimination. some states have different laws about how arrest and conviction records can be used in hiring decisions and when employers can obtain information about criminal records. although not much research has been conducted to examine whether applicants should talk about their criminal histories or not, a 2012 study found that employers were more likely to hire someone with a criminal record if the applicant made face - to - face contact with the employer and was prepared and willing to discuss his / her job related knowledge. applicants also had an increased chance of being hired if they discussed what they learned from their experience in the justice system, as well as how they were rehabilitated, during the interview. this study found that employers preferred applicants that revealed their criminal records upfront and were willing to take responsibility for their actions. ban the box is a campaign to remove the question about criminal history from job applications as an opportunity to
of america sent out numerous dmca takedown notices, and there was a massive internet backlash triggered by the perceived impact of such notices on fair use and free speech. = = = forced disclosure of encryption keys = = = in the united kingdom, the regulation of investigatory powers act gives uk police the powers to force suspects to decrypt files or hand over passwords that protect encryption keys. failure to comply is an offense in its own right, punishable on conviction by a two - year jail sentence or up to five years in cases involving national security. successful prosecutions have occurred under the act ; the first, in 2009, resulted in a term of 13 months'imprisonment. similar forced disclosure laws in australia, finland, france, and india compel individual suspects under investigation to hand over encryption keys or passwords during a criminal investigation. in the united states, the federal criminal case of united states v. fricosu addressed whether a search warrant can compel a person to reveal an encryption passphrase or password. the electronic frontier foundation ( eff ) argued that this is a violation of the protection from self - incrimination given by the fifth amendment. in 2012, the court ruled that under the all writs act, the defendant was required to produce an unencrypted hard drive for the court. in many jurisdictions, the legal status of forced disclosure remains unclear. the 2016 fbi β apple encryption dispute concerns the ability of courts in the united states to compel manufacturers'assistance in unlocking cell phones whose contents are cryptographically protected. as a potential counter - measure to forced disclosure some cryptographic software supports plausible deniability, where the encrypted data is indistinguishable from unused random data ( for example such as that of a drive which has been securely wiped ). = = see also = = collision attack comparison of cryptography libraries cryptovirology β securing and encrypting virology crypto wars β attempts to limit access to strong cryptography encyclopedia of cryptography and security β book by technische universiteit eindhoven global surveillance β mass surveillance across national borders indistinguishability obfuscation β type of cryptographic software obfuscation information theory β scientific study of digital information outline of cryptography list of cryptographers β a list of historical mathmaticians list of multiple discoveries list of unsolved problems in computer science β list of unsolved computational problems pre - shared key β method to set encryption keys secure cryptoproces
Answer:
|
inadmissible, because it was a self-serving statement by a person with a substantial motive to fabricate
| 0.3 |
Miller is tried for armed robbery of the First Bank of City.On cross-examination of Miller, the prosecutor asks Miller whether he was convicted the previous year of tax fraud. This question is
0. proper to show that Miller is inclined to lie.
1. proper to show that Miller is inclined to steal money.
2. improper, because the conviction has insufficient similarity to the crime charged.
3. improper, because the probative value of the evidence is outweighed by the danger of unfair prejudice
##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 β based only on the fact that his blood type matches that of the killer β 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
an expensive process and inconsistent and unpredictable results. courts and scholars have recently developed market - based approaches to try to make this analysis simpler, more consistent across cases, and more predictable. = = = badges of fraud = = = evidence of actual intent is rarely available to a creditor for it would require proof of someone β s inner thoughts. because of that, creditors often have to rely on circumstantial evidence of fraud. to prove actual intent, the courts have developed " badges of fraud ", which, while not conclusive, are considered by the courts as circumstantial evidence of fraud : becoming insolvent because of the transfer ; lack or inadequacy of consideration ; family or insider relationship among parties ; the retention of possession, benefits or use of property in question ; the existence of the threat of litigation ; the financial situation of the debtor at the time of transfer or after transfer ; the existence or a cumulative effect of a series of transactions after the onset of debtor β s financial difficulties ; the general chronology of events ; secrecy of the transaction in question ; and deviation from the usual method or course of business. = = individual jurisdictions = = = = = australia = = = under australian law, if a transaction is entered into by a company which subsequently goes into liquidation, and the transaction was entered into by the company for the purpose of defeating, delaying or interfering with the rights of creditors during the 10 years prior to the relation back day, the courts may set it aside. the relation - back day is defined as either the day upon which the application for the company's winding - up was filed, or the date of the commencement of liquidation. = = = canada = = = canadian provinces have jurisdiction over property and civil rights, which includes conveyances of property. many provinces have statutes prohibiting fraudulent conveyances. they also prohibit the granting of fraudulent preferences, which purport to give certain creditors priority over other creditors in bankruptcy. however, bona fide purchasers for value without notice are generally not liable for the actions of the fraudulent conveyer. = = = united kingdom = = = fraudulent conveyances act 1571 ( repealed by the law of property act 1925 ) insolvency act 1986 section 423 = = = united states = = = in anglo - american law, the doctrine of fraudulent conveyance traces its origins back to twyne's case, in which an english farmer attempted to defraud his creditors by selling his sheep to a man named twyne, while remaining
try to find reasons in order to justify such behavior that persons who have " low integrity " think others more likely to commit crimes β like theft, for example. ( since people seldom sincerely declare to a prospective employers their past deviance, the " integrity " testers adopted an indirect approach : letting the work - candidates talk about what they think of the deviance of other people, considered in general, as a written answer demanded by the questions of the " integrity test ". ) that persons who have " low integrity " exhibit impulsive behavior that persons who have " low integrity " tend to think that society should severely punish deviant behavior ( specifically, " integrity tests " assume that people who have a history of deviance report within such tests that they support harsher measures applied to the deviance exhibited by other people. ) the claim of such tests to be able to detect " fake " answers plays a crucial role in detecting people who have low integrity. naive respondents really believe this pretense and behave accordingly, reporting some of their past deviance and their thoughts about the deviance of others, fearing that if they do not answer truthfully their untrue answers will reveal their " low integrity ". these respondents believe that the more candid they are in their answers, the higher their " integrity score " will be. = = validity = = integrity tests should be validated before they are used to select people into jobs. generally this is done by showing that scores on the test correlate with employee stealing or engaging in counterproductive behavior. = = criticisms = = critics of integrity testing think 1 ) it is unfair to avoid hiring someone because they have a predisposition to do something that they might never do, 2 ) integrity tests can violate legal and ethical privacy standards, because some questions may not be related to specific duties of the job, and there is no protection for the illegal use of the data, 3 ) integrity tests would have adverse impact of screening out a higher proportion of minority group members, 4 ) if a client learns of their own score, it may have an adverse effect on their morale, but even if the scores were only shown to the employers, it could affect the employers attitude towards the employee which could hurt the effectiveness of the employee. = = references = =
of around 100, 000, situated close to detroit, michigan. the authors found 68 reports of forcible rape, of which in 22 cases ( 32 % ) the complainants admitted that their reports were false. similar to the kanin study, most of these false reports served as an alibi ( 15 out of 22, 68 % of the false reports ). diverging from the kanin study, revenge was rarely cited as a reason ( 1 out of 22, 5 % of the false reports ). the remaining cases were cited to attention - seeking ( 6 out of 22, 27 % of false reports ). = = = u. s. department of justice ( fbi ) statistics, usa ( 1995 β 1997 ) = = = in the us, fbi reports from 1995, 1996, and 1997 consistently put the number of " unfounded " forcible rape accusations around 8 %. in contrast, the average rate of unfounded reports for all " index crimes " ( murder, aggravated assault, forcible rape, robbery, arson, burglary, larceny - theft, and motor vehicle theft ) tracked by the fbi is 2 %. this estimate, however, does not appear in subsequent fbi reports. this estimate was criticised by academic bruce gross as almost meaningless as many jurisdictions from which fbi collects data use different definition of " unfounded ", which, he wrote, includes cases where the victim did not physically fight off the suspect or the suspect did not use a weapon, and cases where the victim had a prior relationship to the suspect. = = = kanin, usa ( 1994 ) = = = in 1994, eugene j. kanin of purdue university investigated the incidences of false rape allegations made to the police in one small urban community in the midwest united states ( population 70, 000 ) between 1978 and 1987. he states that unlike in many larger jurisdictions, this police department had the resources to " seriously record and pursue to closure all rape complaints, regardless of their merits ". he further states each investigation " always involves a serious offer to polygraph the complainants and the suspects " and " the complainant must admit that no rape had occurred. she is the sole agent who can say that the rape charge is false ". the number of false rape allegations in the studied period was 45 ; this was 41 % of the 109 total complaints filed in this period. the researchers verified, whenever possible, for all of the complainants who recanted their allegations, that their new account of the events matched the accused '
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
Answer:
|
proper to show that Miller is inclined to lie.
| null |
Miller is tried for armed robbery of the First Bank of City.On cross-examination of Miller, the prosecutor asks Miller whether he was convicted the previous year of tax fraud. This question is
0. proper to show that Miller is inclined to lie.
1. proper to show that Miller is inclined to steal money.
2. improper, because the conviction has insufficient similarity to the crime charged.
3. improper, because the probative value of the evidence is outweighed by the danger of unfair prejudice
##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 β based only on the fact that his blood type matches that of the killer β 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
an expensive process and inconsistent and unpredictable results. courts and scholars have recently developed market - based approaches to try to make this analysis simpler, more consistent across cases, and more predictable. = = = badges of fraud = = = evidence of actual intent is rarely available to a creditor for it would require proof of someone β s inner thoughts. because of that, creditors often have to rely on circumstantial evidence of fraud. to prove actual intent, the courts have developed " badges of fraud ", which, while not conclusive, are considered by the courts as circumstantial evidence of fraud : becoming insolvent because of the transfer ; lack or inadequacy of consideration ; family or insider relationship among parties ; the retention of possession, benefits or use of property in question ; the existence of the threat of litigation ; the financial situation of the debtor at the time of transfer or after transfer ; the existence or a cumulative effect of a series of transactions after the onset of debtor β s financial difficulties ; the general chronology of events ; secrecy of the transaction in question ; and deviation from the usual method or course of business. = = individual jurisdictions = = = = = australia = = = under australian law, if a transaction is entered into by a company which subsequently goes into liquidation, and the transaction was entered into by the company for the purpose of defeating, delaying or interfering with the rights of creditors during the 10 years prior to the relation back day, the courts may set it aside. the relation - back day is defined as either the day upon which the application for the company's winding - up was filed, or the date of the commencement of liquidation. = = = canada = = = canadian provinces have jurisdiction over property and civil rights, which includes conveyances of property. many provinces have statutes prohibiting fraudulent conveyances. they also prohibit the granting of fraudulent preferences, which purport to give certain creditors priority over other creditors in bankruptcy. however, bona fide purchasers for value without notice are generally not liable for the actions of the fraudulent conveyer. = = = united kingdom = = = fraudulent conveyances act 1571 ( repealed by the law of property act 1925 ) insolvency act 1986 section 423 = = = united states = = = in anglo - american law, the doctrine of fraudulent conveyance traces its origins back to twyne's case, in which an english farmer attempted to defraud his creditors by selling his sheep to a man named twyne, while remaining
try to find reasons in order to justify such behavior that persons who have " low integrity " think others more likely to commit crimes β like theft, for example. ( since people seldom sincerely declare to a prospective employers their past deviance, the " integrity " testers adopted an indirect approach : letting the work - candidates talk about what they think of the deviance of other people, considered in general, as a written answer demanded by the questions of the " integrity test ". ) that persons who have " low integrity " exhibit impulsive behavior that persons who have " low integrity " tend to think that society should severely punish deviant behavior ( specifically, " integrity tests " assume that people who have a history of deviance report within such tests that they support harsher measures applied to the deviance exhibited by other people. ) the claim of such tests to be able to detect " fake " answers plays a crucial role in detecting people who have low integrity. naive respondents really believe this pretense and behave accordingly, reporting some of their past deviance and their thoughts about the deviance of others, fearing that if they do not answer truthfully their untrue answers will reveal their " low integrity ". these respondents believe that the more candid they are in their answers, the higher their " integrity score " will be. = = validity = = integrity tests should be validated before they are used to select people into jobs. generally this is done by showing that scores on the test correlate with employee stealing or engaging in counterproductive behavior. = = criticisms = = critics of integrity testing think 1 ) it is unfair to avoid hiring someone because they have a predisposition to do something that they might never do, 2 ) integrity tests can violate legal and ethical privacy standards, because some questions may not be related to specific duties of the job, and there is no protection for the illegal use of the data, 3 ) integrity tests would have adverse impact of screening out a higher proportion of minority group members, 4 ) if a client learns of their own score, it may have an adverse effect on their morale, but even if the scores were only shown to the employers, it could affect the employers attitude towards the employee which could hurt the effectiveness of the employee. = = references = =
of around 100, 000, situated close to detroit, michigan. the authors found 68 reports of forcible rape, of which in 22 cases ( 32 % ) the complainants admitted that their reports were false. similar to the kanin study, most of these false reports served as an alibi ( 15 out of 22, 68 % of the false reports ). diverging from the kanin study, revenge was rarely cited as a reason ( 1 out of 22, 5 % of the false reports ). the remaining cases were cited to attention - seeking ( 6 out of 22, 27 % of false reports ). = = = u. s. department of justice ( fbi ) statistics, usa ( 1995 β 1997 ) = = = in the us, fbi reports from 1995, 1996, and 1997 consistently put the number of " unfounded " forcible rape accusations around 8 %. in contrast, the average rate of unfounded reports for all " index crimes " ( murder, aggravated assault, forcible rape, robbery, arson, burglary, larceny - theft, and motor vehicle theft ) tracked by the fbi is 2 %. this estimate, however, does not appear in subsequent fbi reports. this estimate was criticised by academic bruce gross as almost meaningless as many jurisdictions from which fbi collects data use different definition of " unfounded ", which, he wrote, includes cases where the victim did not physically fight off the suspect or the suspect did not use a weapon, and cases where the victim had a prior relationship to the suspect. = = = kanin, usa ( 1994 ) = = = in 1994, eugene j. kanin of purdue university investigated the incidences of false rape allegations made to the police in one small urban community in the midwest united states ( population 70, 000 ) between 1978 and 1987. he states that unlike in many larger jurisdictions, this police department had the resources to " seriously record and pursue to closure all rape complaints, regardless of their merits ". he further states each investigation " always involves a serious offer to polygraph the complainants and the suspects " and " the complainant must admit that no rape had occurred. she is the sole agent who can say that the rape charge is false ". the number of false rape allegations in the studied period was 45 ; this was 41 % of the 109 total complaints filed in this period. the researchers verified, whenever possible, for all of the complainants who recanted their allegations, that their new account of the events matched the accused '
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
Answer:
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improper, because the probative value of the evidence is outweighed by the danger of unfair prejudice
| 0.3 |
In an effort to relieve serious and persistent unemployment in the industrialized state of Onondaga, its legislature enacted a statute requiring every business with annual sales in Onondaga of over one million dollars to purchase goods and/or services in Onondaga equal in value to at least half of the annual sales in Onondaga of the business. Which of the following constitutional provisions is the strongest basis on which to attack this statute?
0. The due process clause of the Fourteenth Amendment.
1. The equal protection clause.
2. The commerce clause.
3. The privileges and immunities clause of the Fourteenth Amendment
the courts are conscious of this and that they often make, although not always in a very explicit fashion, a comparison between what would be gained and what lost by preventing actions which have harmful effects. but the delimitation of rights is also the result of statutory enactments. here we also find evidence of an appreciation of the reciprocal nature of the problem. while statutory enactments add to the list of nuisances, action is also taken to legalise what would otherwise be nuisances under the common law. the kind of situation which economists are prone to consider as requiring government action is, in fact, often the result of government action. such action is not necessarily unwise. but there is a real danger that extensive government intervention in the economic system may lead to the protection of those responsible for harmful being carried too far. " = = = public goods = = = this period also marks the beginning of mathematical modelling of public goods with samuelson's " the pure theory of public expenditure " ( 1954 ), in it he gives a set of equations for efficient provision of public goods ( he called them collective consumption goods ), now known as the samuelson condition. he then gives a description of what is now called the free rider problem : " however no decentralised pricing system can serve to determine optimally these levels of collective consumption. other kinds of " voting " or " signalling " would have to be tried. but, and this is the point sensed by wicksell but perhaps not fully appreciated by lindahl, now it is in the selfish interest of each person to give false signals, to pretend to have less interest in a given collective consumption activity than he has, etc. " charles tiebout considered the same problem as samuelson and while agreeing with him at the federal level, proposed a different solution : " consider for a moment the case of the city resident about to move to the suburbs. what variables will influence his choice of a municipality? if he has children, a high level of expenditures on schools may be important. another person may prefer a community with a municipal golf course. the availability and quality of such facilities and services as beaches, parks, police protection, roads, and parking facilities will enter into the decision - making process. of course, non - economic variables will also be considered, but this is of no concern at this point. the consumer - voter may be viewed as picking that community which best satisfies his preference pattern for public goods. this is a major difference between central and local provision of public goods
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 : "
legal cases : sturges v bridgman ( externality : machinery vibration ), cooke v forbes ( externality : fumes from ammonium sulfate ), bryant v lejever ( externality : chimney smoke ), and bass v gregory ( externality : brewery ventilation shaft ). he then states : " in earlier sections, when dealing with the problem of rearrangement of legal rights through the market, it was argued that such a rearrangement would be made through the market whenever this would lead to an increase in the value of production. but this assumed costless market transactions. once the costs of carrying out market transactions are taken into account it is clear that such rearrangement of rights will only be undertaken when the increase in the value of production consequent upon the rearrangement is greater than the costs which would be involved in bringing it about. when it is less, the granting of an injunction ( or the knowledge that it would be granted ) or the liability to pay damages may result in an activity being discontinued ( or may prevent its being started ) which would be undertaken if market transactions were costless. in these conditions the initial delimitation of legal rights does have an effect on the efficiency with which the economic system operates. one arrangement of rights may bring about a greater value of production than any other. but unless this is the arrangement of rights established by the legal system, the costs of reaching the same result by altering and combining rights through the market may be so great that this optimal arrangement of rights, and the greater value of production which it would bring, may never be achieved. " this then becomes relevant in context of regulations. he argues against the pigovian tradition : "... the problem which we face in dealing with actions which have harmful effects is not simply one of restraining those responsible for them. what has to be decided is whether the gain from preventing the harm is greater than the loss which would be suffered elsewhere as a result of stopping the action which produces the harm. in a world in which there are costs of rearranging the rights established by the legal system, the courts, in cases relating to nuisance, are, in effect, making a decision on the economic problem and determining how resources are to be employed. it was argued that the courts are conscious of this and that they often make, although not always in a very explicit fashion, a comparison between what would be gained and what lost by preventing actions which have harmful effects. but the delimitation of rights is also the result
) upon their first pregnancy. the court however struck down these provisions and held them to be arbitrary and discriminatory as it violated articles 14, 15 and 16 of the constitution. = = = = statutory protection = = = = in 1976, the equal remuneration act was passed with the aim of providing equal remuneration to men and women workers and to prevent discrimination on the basis of gender in all matters relating to employment and employment opportunities. this legislation not only provides women with a right to demand equal pay, but any inequality with respect to recruitment processes, job training, promotions, and transfers within the organization can also be challenged under this act. however, its scope does not extend to situations where : ( i ) a woman is attempting to comply with the requirements of laws giving women special treatment ; and ( ii ) a woman is being accorded special treatment on account of the birth of a child, or the terms and conditions relating to retirement, marriage or death. companies and individual employers can both be held accountable to maintain the standards prescribed under this act. in various cases, the supreme court of india has also held that discrimination on the basis of gender only arises when men and women perform the same work or work of a similar nature. however, it clarified that a flexible approach is required to be taken while deciding which kinds of work may be similar by considering the duties actually performed as a part of the job, and not the duties potentially capable of being performed. = = = taiwan = = = taiwan legislated the act of gender equality in employment in 2002. it regulates that an employer must give the same salary to the workers who do the same work. the law prescribes that employers shall not discriminate against employees because of their gender or sexual orientation in the case of paying wages. employees shall receive equal pay for equal work or equal value. however, if such differentials are the result of seniority systems, award and discipline systems, merit systems or other justifiable reasons of non - sexual or non - sexual - orientation factors, the above - mentioned restriction shall not apply. employers may not adopt methods of reducing the wages of other employees in order to evade the stipulation of the preceding paragraph. = = criticism = = criticisms of the principle of equal pay for equal work by women include criticism of the mechanisms used to achieve it and the methodology by which the gap is measured. some believe that government actions to correct gender pay disparity serve to interfere with the system of voluntary exchange. they argue the fundamental issue is that
with congress to amend the clean water act so that isolated wetlands will fall under the act's protection. = = reasoning for wetland restoration = = restoring wetlands provides numerous benefits, and can present a valuable and cost - effective opportunity for society to enhance health and well - being. [ 4 ] restoration interventions can help to improve and bring back ecosystems previously impacted by anthropogenic disturbances, and often involves the purchase of uplands in a variety of conditions. this process can help to increase the heterogeneity of wetland functions and its biodiversity. = = policy instruments = = in an effort to meet the united states'policy objectives under the international ramsar convention and the national goal of no net loss of wetlands, a variety of policy instruments are utilized within and between the federal, state and local spheres, as well as the private sector. due to the fact that 70 % of wetlands are located on private lands, cooperation between government agencies and landholders is a critical component of most policy implementation approaches. = = = federal = = = = = = = command and control regulation under the clean water act = = = = under the commerce clause in the united states constitution, the federal government derives authority to regulate pollution of united states waters if interstate commerce is affected. the clean water act ( cwa ), in particular Β§ 404, regulates discharge into " waters of the united states ". permitting is required under the cwa Β§ 404 for activities that dredge or fill in this jurisdiction, which can include wetlands. under this permitting program, environmental impacts are to be avoided if possible, reduced and mitigated if necessary. permits are limited to a maximum period of five years and use public notice and comment procedures. while the u. s. army corps of engineers issues the permit, responsibility for enforcement is shared between the u. s. army corps of engineers and the epa. however, the scope of what constitutes a wetland and thus what falls under cwa command and control regulation has changed over time. two recent supreme court decisions have impacted the definition of wetlands under the clean water act : rapanos et ux, et al. v. united states ( 2006 ) determination of whether or not a wetland falls under the definitions of " water of the united states " was not limitless wetlands adjacent to navigable waters are " waters of the united states " no clear definition of navigable waters or majority opinion so jurisdiction under the cwa if one of the following two standards is met : justice kennedy's test : a " significant nexus " must be found between the
Answer:
|
The commerce clause.
| null |
In an effort to relieve serious and persistent unemployment in the industrialized state of Onondaga, its legislature enacted a statute requiring every business with annual sales in Onondaga of over one million dollars to purchase goods and/or services in Onondaga equal in value to at least half of the annual sales in Onondaga of the business. Which of the following constitutional provisions is the strongest basis on which to attack this statute?
0. The due process clause of the Fourteenth Amendment.
1. The equal protection clause.
2. The commerce clause.
3. The privileges and immunities clause of the Fourteenth Amendment
the courts are conscious of this and that they often make, although not always in a very explicit fashion, a comparison between what would be gained and what lost by preventing actions which have harmful effects. but the delimitation of rights is also the result of statutory enactments. here we also find evidence of an appreciation of the reciprocal nature of the problem. while statutory enactments add to the list of nuisances, action is also taken to legalise what would otherwise be nuisances under the common law. the kind of situation which economists are prone to consider as requiring government action is, in fact, often the result of government action. such action is not necessarily unwise. but there is a real danger that extensive government intervention in the economic system may lead to the protection of those responsible for harmful being carried too far. " = = = public goods = = = this period also marks the beginning of mathematical modelling of public goods with samuelson's " the pure theory of public expenditure " ( 1954 ), in it he gives a set of equations for efficient provision of public goods ( he called them collective consumption goods ), now known as the samuelson condition. he then gives a description of what is now called the free rider problem : " however no decentralised pricing system can serve to determine optimally these levels of collective consumption. other kinds of " voting " or " signalling " would have to be tried. but, and this is the point sensed by wicksell but perhaps not fully appreciated by lindahl, now it is in the selfish interest of each person to give false signals, to pretend to have less interest in a given collective consumption activity than he has, etc. " charles tiebout considered the same problem as samuelson and while agreeing with him at the federal level, proposed a different solution : " consider for a moment the case of the city resident about to move to the suburbs. what variables will influence his choice of a municipality? if he has children, a high level of expenditures on schools may be important. another person may prefer a community with a municipal golf course. the availability and quality of such facilities and services as beaches, parks, police protection, roads, and parking facilities will enter into the decision - making process. of course, non - economic variables will also be considered, but this is of no concern at this point. the consumer - voter may be viewed as picking that community which best satisfies his preference pattern for public goods. this is a major difference between central and local provision of public goods
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 : "
legal cases : sturges v bridgman ( externality : machinery vibration ), cooke v forbes ( externality : fumes from ammonium sulfate ), bryant v lejever ( externality : chimney smoke ), and bass v gregory ( externality : brewery ventilation shaft ). he then states : " in earlier sections, when dealing with the problem of rearrangement of legal rights through the market, it was argued that such a rearrangement would be made through the market whenever this would lead to an increase in the value of production. but this assumed costless market transactions. once the costs of carrying out market transactions are taken into account it is clear that such rearrangement of rights will only be undertaken when the increase in the value of production consequent upon the rearrangement is greater than the costs which would be involved in bringing it about. when it is less, the granting of an injunction ( or the knowledge that it would be granted ) or the liability to pay damages may result in an activity being discontinued ( or may prevent its being started ) which would be undertaken if market transactions were costless. in these conditions the initial delimitation of legal rights does have an effect on the efficiency with which the economic system operates. one arrangement of rights may bring about a greater value of production than any other. but unless this is the arrangement of rights established by the legal system, the costs of reaching the same result by altering and combining rights through the market may be so great that this optimal arrangement of rights, and the greater value of production which it would bring, may never be achieved. " this then becomes relevant in context of regulations. he argues against the pigovian tradition : "... the problem which we face in dealing with actions which have harmful effects is not simply one of restraining those responsible for them. what has to be decided is whether the gain from preventing the harm is greater than the loss which would be suffered elsewhere as a result of stopping the action which produces the harm. in a world in which there are costs of rearranging the rights established by the legal system, the courts, in cases relating to nuisance, are, in effect, making a decision on the economic problem and determining how resources are to be employed. it was argued that the courts are conscious of this and that they often make, although not always in a very explicit fashion, a comparison between what would be gained and what lost by preventing actions which have harmful effects. but the delimitation of rights is also the result
) upon their first pregnancy. the court however struck down these provisions and held them to be arbitrary and discriminatory as it violated articles 14, 15 and 16 of the constitution. = = = = statutory protection = = = = in 1976, the equal remuneration act was passed with the aim of providing equal remuneration to men and women workers and to prevent discrimination on the basis of gender in all matters relating to employment and employment opportunities. this legislation not only provides women with a right to demand equal pay, but any inequality with respect to recruitment processes, job training, promotions, and transfers within the organization can also be challenged under this act. however, its scope does not extend to situations where : ( i ) a woman is attempting to comply with the requirements of laws giving women special treatment ; and ( ii ) a woman is being accorded special treatment on account of the birth of a child, or the terms and conditions relating to retirement, marriage or death. companies and individual employers can both be held accountable to maintain the standards prescribed under this act. in various cases, the supreme court of india has also held that discrimination on the basis of gender only arises when men and women perform the same work or work of a similar nature. however, it clarified that a flexible approach is required to be taken while deciding which kinds of work may be similar by considering the duties actually performed as a part of the job, and not the duties potentially capable of being performed. = = = taiwan = = = taiwan legislated the act of gender equality in employment in 2002. it regulates that an employer must give the same salary to the workers who do the same work. the law prescribes that employers shall not discriminate against employees because of their gender or sexual orientation in the case of paying wages. employees shall receive equal pay for equal work or equal value. however, if such differentials are the result of seniority systems, award and discipline systems, merit systems or other justifiable reasons of non - sexual or non - sexual - orientation factors, the above - mentioned restriction shall not apply. employers may not adopt methods of reducing the wages of other employees in order to evade the stipulation of the preceding paragraph. = = criticism = = criticisms of the principle of equal pay for equal work by women include criticism of the mechanisms used to achieve it and the methodology by which the gap is measured. some believe that government actions to correct gender pay disparity serve to interfere with the system of voluntary exchange. they argue the fundamental issue is that
with congress to amend the clean water act so that isolated wetlands will fall under the act's protection. = = reasoning for wetland restoration = = restoring wetlands provides numerous benefits, and can present a valuable and cost - effective opportunity for society to enhance health and well - being. [ 4 ] restoration interventions can help to improve and bring back ecosystems previously impacted by anthropogenic disturbances, and often involves the purchase of uplands in a variety of conditions. this process can help to increase the heterogeneity of wetland functions and its biodiversity. = = policy instruments = = in an effort to meet the united states'policy objectives under the international ramsar convention and the national goal of no net loss of wetlands, a variety of policy instruments are utilized within and between the federal, state and local spheres, as well as the private sector. due to the fact that 70 % of wetlands are located on private lands, cooperation between government agencies and landholders is a critical component of most policy implementation approaches. = = = federal = = = = = = = command and control regulation under the clean water act = = = = under the commerce clause in the united states constitution, the federal government derives authority to regulate pollution of united states waters if interstate commerce is affected. the clean water act ( cwa ), in particular Β§ 404, regulates discharge into " waters of the united states ". permitting is required under the cwa Β§ 404 for activities that dredge or fill in this jurisdiction, which can include wetlands. under this permitting program, environmental impacts are to be avoided if possible, reduced and mitigated if necessary. permits are limited to a maximum period of five years and use public notice and comment procedures. while the u. s. army corps of engineers issues the permit, responsibility for enforcement is shared between the u. s. army corps of engineers and the epa. however, the scope of what constitutes a wetland and thus what falls under cwa command and control regulation has changed over time. two recent supreme court decisions have impacted the definition of wetlands under the clean water act : rapanos et ux, et al. v. united states ( 2006 ) determination of whether or not a wetland falls under the definitions of " water of the united states " was not limitless wetlands adjacent to navigable waters are " waters of the united states " no clear definition of navigable waters or majority opinion so jurisdiction under the cwa if one of the following two standards is met : justice kennedy's test : a " significant nexus " must be found between the
Answer:
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The equal protection clause.
| 0.3 |
Tess occupied an apartment in a building owned by Len. She paid rent of $125 in advance each month. During the second month of occupancy, Tess organized the tenants in the building as a tenants' association and the association made demands of Len concerning certain repairs and improvements the tenants wanted. When Tess tendered rent for the third month, Len notified her that rent for the fourth and subsequent months would be $200 per month. Tess protested and pointed out that all other tenants paid rent of $125 per month. Thereupon, Len gave the required statutory notice that the tenancy was being terminated at the end of the third month. By an appropriate proceeding, Tess contests Len's right to terminate. If Tess succeeds, it will be because
0. a periodic tenancy was created by implication.
1. the doctrine prohibiting retaliatory eviction is part of the law of the jurisdiction.
2. the $200 rent demanded violates the agreement implied by the rate charged to other tenants.
3. the law implies a term of one year in the absence of any express agreement
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, and has a per unit assessed value at $ 65, 000 or less. the exemption program excludes luxury condominiums projects after a proposal to include them was defeated in the state legislature. including them would have raised the program's cost by $ 1 billion over ten years. in addition, the length of time developers receive incentives was increased from 25 years to 35 years, with the requirement to maintain affordable rents increased to 40 years. projects that meet the requirements but are outside of the exclusion area can opt into the program. the program will be in place until the year 2022, but could be derailed as soon as the year 2019 based on rent regulation negotiations. the new 421 - a program no longer requires developers to include " community preference " as a requirement for being able to qualify for the program. under the old version, developers were obligated to reserve half of the new residential units for existing residents of the surrounding neighborhood. they also had to set aside smaller percentages of units for municipal workers, military veterans, and residents with disabilities. following the new york state budget negotiations in april 2017, the 421 - a tax exemption program was revived as " affordable new york ". as a condition to reviving the program, developers agreed to pay their workers an average of $ 60 an hour ( benefits included ) on all projects south of 96th street in manhattan that affect apartment buildings with 300 or more apartments. in addition, developers must pay their workers an average wage of $ 45 an hour ( benefits included ) on all projects within a mile of the east river waterfront, also for apartment buildings of 300 apartments or more. this concession was a win for union workers in the city. however, the projects that meet these wage requirements will be rewarded with a full 100 % exemption for the full 35 years, providing developers with an additional revenue stream to compensate for the increased labor costs. outside of the gea, developers can still opt into the program and receive the enhanced benefits if they meet the program requirements. developers can be exempt from the wage requirements if they include 50 % or more below - market units. the new york city comptroller will determine if the wage requirements are met. as a result of the passage of the new 421 - a program, the state government predicts that the new 421 -
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
law recognized neither the tort of wrongful discharge, nor exceptions for firings that violate public policy, and an employee's explicit employee handbook disclaimer preserved the at - will employment relationship. in the same 2000 decision mentioned above, the supreme court of california held that the length of an employee's long and successful service, standing alone, is not evidence in and of itself of an implied - in - fact contract not to terminate except for cause. = = = " implied - in - law " contracts = = = eleven us states have recognized a breach of an implied covenant of good faith and fair dealing as an exception to at - will employment. the states are : court interpretations of this have varied from requiring " just cause " to denial of terminations made for malicious reasons, such as terminating a long - tenured employee solely to avoid the obligation of paying the employee's accrued retirement benefits. other court rulings have denied the exception, holding that it is too burdensome upon the court for it to have to determine an employer's true motivation for terminating an employee. = = statutory exceptions = = every state, including montana, is at - will by default. however, montana defaults to a probationary period, after which termination is only lawful if for good cause. although all u. s. states have a number of statutory protections for employees, wrongful termination lawsuits brought under statutory causes of action typically use the federal anti - discrimination statutes, which prohibit firing or refusing to hire an employee because of race, color, religion, sex, national origin, age, or handicap status. other reasons an employer may not use to fire an at - will employee are : for refusing to commit illegal acts β an employer is not permitted to fire an employee because the employee refuses to commit an act that is illegal. family or medical leave β federal law permits most employees to take a leave of absence for specific family or medical problems. an employer is not permitted to fire an employee who takes family or medical leave for a reason outlined in the family and medical leave act of 1993. in retaliation against the employee for a protected action taken by the employee β " protected actions " include suing for wrongful termination, testifying as a witness in a wrongful termination case, or even opposing what they believe, whether they can prove it or not, to be wrongful discrimination. in the federal case of ross v. vanguard, raymond ross successfully sued his employer for firing him due to his allegations of racial discrimination. examples of federal statutes include : the
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,
in 1991 and to harmonize it with section 1981 jurisprudence, as a result of a series of controversial supreme court decisions : patterson v. mclean credit union, 491 u. s. 164 ( 1989 ), which held that an employee could not sue for damages caused by racial harassment on the job because even if the employer's conduct were discriminatory, the employer had not denied the employee the " same right... to make and enforce contracts... as is enjoyed by white citizens, " the language that congress chose in passing the law in 1866. wards cove packing co. v. atonio, 490 u. s. 642 ( 1989 ), which made it more difficult for employees of wards cove packing company to prove that an employer's personnel practices, neutral on their face, had an unlawful disparate impact on them by requiring that they identify the particular policy or requirement that allegedly produced inequalities in the workplace and show that it, in isolation, had that effect. price waterhouse v. hopkins, 490 u. s. 228 ( 1989 ), which held that the burden of proof shifted, once an employee had proved that an unlawful consideration had played a part in the employer's personnel decision, to the employer to prove that it would have made the same decision if it had not been motivated by that unlawful factor, but such proof by the employer would constitute a complete defense for the employer. martin v. wilks, 490 u. s. 755 ( 1989 ), which permitted white firefighters who had not been party to the litigation, establishing a consent decree governing hiring and promotion of black firefighters in the birmingham, alabama, fire department, to bring suit to challenge the decree. united automobile workers v. johnson controls, inc., 499 u. s. 187 ( 1991 ), which held that title vii prohibits gender - specific fetal protection policies. = = changes = = patterson had attracted much criticism since it appeared to leave employees victimized by racial harassment on the job with no effective remedies, as they could not prove a violation of section 1981 and could rarely show any wage losses that they could recover under title vii. in addition, the court's narrow reading of the phrase " make or enforce contracts " eliminated any liability under section 1981 for lost promotions and most other personnel decisions that did not constitute a refusal to hire on the basis of race or color. congress addressed the issue by redefining the phrase " make and enforce contracts " to include " the making, performance, modification
Answer:
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the doctrine prohibiting retaliatory eviction is part of the law of the jurisdiction.
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Tess occupied an apartment in a building owned by Len. She paid rent of $125 in advance each month. During the second month of occupancy, Tess organized the tenants in the building as a tenants' association and the association made demands of Len concerning certain repairs and improvements the tenants wanted. When Tess tendered rent for the third month, Len notified her that rent for the fourth and subsequent months would be $200 per month. Tess protested and pointed out that all other tenants paid rent of $125 per month. Thereupon, Len gave the required statutory notice that the tenancy was being terminated at the end of the third month. By an appropriate proceeding, Tess contests Len's right to terminate. If Tess succeeds, it will be because
0. a periodic tenancy was created by implication.
1. the doctrine prohibiting retaliatory eviction is part of the law of the jurisdiction.
2. the $200 rent demanded violates the agreement implied by the rate charged to other tenants.
3. the law implies a term of one year in the absence of any express agreement
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, and has a per unit assessed value at $ 65, 000 or less. the exemption program excludes luxury condominiums projects after a proposal to include them was defeated in the state legislature. including them would have raised the program's cost by $ 1 billion over ten years. in addition, the length of time developers receive incentives was increased from 25 years to 35 years, with the requirement to maintain affordable rents increased to 40 years. projects that meet the requirements but are outside of the exclusion area can opt into the program. the program will be in place until the year 2022, but could be derailed as soon as the year 2019 based on rent regulation negotiations. the new 421 - a program no longer requires developers to include " community preference " as a requirement for being able to qualify for the program. under the old version, developers were obligated to reserve half of the new residential units for existing residents of the surrounding neighborhood. they also had to set aside smaller percentages of units for municipal workers, military veterans, and residents with disabilities. following the new york state budget negotiations in april 2017, the 421 - a tax exemption program was revived as " affordable new york ". as a condition to reviving the program, developers agreed to pay their workers an average of $ 60 an hour ( benefits included ) on all projects south of 96th street in manhattan that affect apartment buildings with 300 or more apartments. in addition, developers must pay their workers an average wage of $ 45 an hour ( benefits included ) on all projects within a mile of the east river waterfront, also for apartment buildings of 300 apartments or more. this concession was a win for union workers in the city. however, the projects that meet these wage requirements will be rewarded with a full 100 % exemption for the full 35 years, providing developers with an additional revenue stream to compensate for the increased labor costs. outside of the gea, developers can still opt into the program and receive the enhanced benefits if they meet the program requirements. developers can be exempt from the wage requirements if they include 50 % or more below - market units. the new york city comptroller will determine if the wage requirements are met. as a result of the passage of the new 421 - a program, the state government predicts that the new 421 -
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
law recognized neither the tort of wrongful discharge, nor exceptions for firings that violate public policy, and an employee's explicit employee handbook disclaimer preserved the at - will employment relationship. in the same 2000 decision mentioned above, the supreme court of california held that the length of an employee's long and successful service, standing alone, is not evidence in and of itself of an implied - in - fact contract not to terminate except for cause. = = = " implied - in - law " contracts = = = eleven us states have recognized a breach of an implied covenant of good faith and fair dealing as an exception to at - will employment. the states are : court interpretations of this have varied from requiring " just cause " to denial of terminations made for malicious reasons, such as terminating a long - tenured employee solely to avoid the obligation of paying the employee's accrued retirement benefits. other court rulings have denied the exception, holding that it is too burdensome upon the court for it to have to determine an employer's true motivation for terminating an employee. = = statutory exceptions = = every state, including montana, is at - will by default. however, montana defaults to a probationary period, after which termination is only lawful if for good cause. although all u. s. states have a number of statutory protections for employees, wrongful termination lawsuits brought under statutory causes of action typically use the federal anti - discrimination statutes, which prohibit firing or refusing to hire an employee because of race, color, religion, sex, national origin, age, or handicap status. other reasons an employer may not use to fire an at - will employee are : for refusing to commit illegal acts β an employer is not permitted to fire an employee because the employee refuses to commit an act that is illegal. family or medical leave β federal law permits most employees to take a leave of absence for specific family or medical problems. an employer is not permitted to fire an employee who takes family or medical leave for a reason outlined in the family and medical leave act of 1993. in retaliation against the employee for a protected action taken by the employee β " protected actions " include suing for wrongful termination, testifying as a witness in a wrongful termination case, or even opposing what they believe, whether they can prove it or not, to be wrongful discrimination. in the federal case of ross v. vanguard, raymond ross successfully sued his employer for firing him due to his allegations of racial discrimination. examples of federal statutes include : the
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,
in 1991 and to harmonize it with section 1981 jurisprudence, as a result of a series of controversial supreme court decisions : patterson v. mclean credit union, 491 u. s. 164 ( 1989 ), which held that an employee could not sue for damages caused by racial harassment on the job because even if the employer's conduct were discriminatory, the employer had not denied the employee the " same right... to make and enforce contracts... as is enjoyed by white citizens, " the language that congress chose in passing the law in 1866. wards cove packing co. v. atonio, 490 u. s. 642 ( 1989 ), which made it more difficult for employees of wards cove packing company to prove that an employer's personnel practices, neutral on their face, had an unlawful disparate impact on them by requiring that they identify the particular policy or requirement that allegedly produced inequalities in the workplace and show that it, in isolation, had that effect. price waterhouse v. hopkins, 490 u. s. 228 ( 1989 ), which held that the burden of proof shifted, once an employee had proved that an unlawful consideration had played a part in the employer's personnel decision, to the employer to prove that it would have made the same decision if it had not been motivated by that unlawful factor, but such proof by the employer would constitute a complete defense for the employer. martin v. wilks, 490 u. s. 755 ( 1989 ), which permitted white firefighters who had not been party to the litigation, establishing a consent decree governing hiring and promotion of black firefighters in the birmingham, alabama, fire department, to bring suit to challenge the decree. united automobile workers v. johnson controls, inc., 499 u. s. 187 ( 1991 ), which held that title vii prohibits gender - specific fetal protection policies. = = changes = = patterson had attracted much criticism since it appeared to leave employees victimized by racial harassment on the job with no effective remedies, as they could not prove a violation of section 1981 and could rarely show any wage losses that they could recover under title vii. in addition, the court's narrow reading of the phrase " make or enforce contracts " eliminated any liability under section 1981 for lost promotions and most other personnel decisions that did not constitute a refusal to hire on the basis of race or color. congress addressed the issue by redefining the phrase " make and enforce contracts " to include " the making, performance, modification
Answer:
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the law implies a term of one year in the absence of any express agreement
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Meadowview is a large tract of undeveloped land. Black, the owner of Meadowview, prepared a development plan creating 200 house lots in Meadowview with the necessary streets and public areas. The plan was fully approved by all necessary governmental agencies and duly recorded. However, construction of the streets, utilities, and other aspects of the development of Meadowview has not yet begun, and none of the streets can be opened as public ways until they are completed in accordance with the applicable ordinances of the municipality in which Meadowview is located. College Avenue, one of the streets laid out as part of the Meadowview development, abuts Whiteacre, an adjacent one-acre parcel owned by White. Whiteacre has no access to any public way except an old, poorly developed road which is inconvenient and cannot be used without great expense. White sold Whiteacre to Breyer. The description used in the deed from White to Breyer was the same as that used in prior deeds except that the portion of the description which formerly said, "thence by land of Black, northeasterly a distance of 200 feet, more or less," was changed to "thence by College Avenue as laid out on the Plan of Meadowview North 46, East 201.6 feet," with full reference to the plan and its recording data. Breyer now seeks a building permit which will show that Breyer intends to use College Avenue for access to Whiteacre. Black objects to the granting of a building permit on the grounds that he has never granted any right to White or Breyer to use College Avenue. There are no governing statutes or ordinances relating to the problem. Black brings an appropriate action in which the right of Breyer to use College Avenue without an express grant from Black is at issue."The best argument for Black in this action is that
0. Breyer's right must await the action of appropriate public authorities to open College Avenue as a public street, since no private easements arose by implication.
1. the Statute of Frauds prevents the introduction of evidence which might prove the necessity for Breyer to use College Avenue.
2. Breyer's right to use College Avenue is restricted to the assertion of a way by necessity and the facts preclude the success of such a claim.
3. Breyer would be unjustly enriched if he were permitted to use College Avenue
a road within a housing development feeding directly into individual driveways. in the last half of the 20th century planners of suburban streets often abandoned the tradition of a rigid, rectangular grid, and instead designed systems to discourage through - traffic. this and other traffic calming methods provided quiet for families and play space for children within a streetscape. adolescent suburbanites find, in attenuated form, the amenities of street life in shopping malls where vehicles are forbidden. a town square or plaza is a little more like a street, but a town square is rarely paved with asphalt and may not make any concessions for through - traffic at all. = = = nomenclature = = = there is a haphazard relationship, at best, between a thoroughfare's function and its name. for example, london's abbey road serves all the vital functions of a street, despite its name, and locals are more apt to refer to the " street " outside than the " road ". a desolate road in rural montana, on the other hand, may bear a sign proclaiming it " davidson street ", but this does not make it a " street " except in the original sense of a paved road. in the united kingdom the inhabitants of many towns will refer to their main thoroughfare as the high street ( in the united states and canada it would be called the main street β however, occasionally " main street " in a city or town is a street other than the de facto main thoroughfare ), and many of the ways leading off it will be named " road " despite the urban setting. thus the town's so - called " roads " will actually be more like streets than like road. some streets may even be called " highways ", even though they may carry no highway designation at all : this may arise when an historic road that was built to connect distant towns was named a " street " but originally never was in the truest sense. some roads of this type which later became designated as numbered highways, became identified as said highway and may continue to colloquially be labelled as such from force of habit even if sections of it are subsequently urbanized and become an actual street and has its highway status decommissioned. hurontario street in mississauga, ontario, canada ( which was formerly ontario highway 10, but predates it ), is an example of this. in some other english - speaking countries, such as australia and new zealand, cities are often divided by a main " road ", with " streets " leading from this " road ", or
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 β regardless of whether it be by a municipality or an organized residential community, like a homeowner'association or a community trust. : 707 β 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 β like utilities, recreational facilities, schools, and parks β 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 = =
new street lines and opening some streets immediately, while others may be opened gradually. the plan also addresses the preservation of the old walls surrounding the intramuros, suggesting that openings be made through the massive projecting bastions for roadways. the existing moat is proposed to be filled and leveled to create sunken panels for green spaces. the outer districts of the city are provided with a street system that avoids north - south or east - west orientation, instead favoring fan - shaped grouping of radiating streets and diagonal arteries for direct communication. the plan also suggests wider avenues with park - like connections and ample shade. the overall goal is to leave the old city streets untouched, improve the setting of the old walls, and create a street system that ensures sunlight, accessibility, and efficient traffic flow. the importance of future needs and the example of washington, d. c., are highlighted as reasons for the proposed plan's scale and foresight. = = = location of building sites = = = the government or national group, which includes the capitol building and department buildings, is located on the present camp wallace and adjacent land back of calle nozelada. the buildings are arranged in a hollow square formation, opening westward toward the sea. the eastern front of the capitol faces a semi - circular plaza, which serves as a central hub connecting the street system to all parts of the city, ensuring the capitol, the symbol of the nation's power and the center of government activities, is easily accessible from all sides. south of the main group is the courthouse. to the north, along malecon drive leading to the bridge of spain, are area allocated for semi - public buildings such as libraries, museums, and permanent exposition buildings. behind these buildings are some of the proposed athletic fields. the road ends in a central circle with three important bridges over the pasig river. post office will be relocated south of its current temporary site, requiring riverfront access for easy mail transportation. a proposed passenger railway station, centrally located in greater manila, is connected to the government center through one of the radiating arteries. the location takes advantage of the bend in the pasig river, allowing for the development of a terminal property without causing significant disruptions to traffic. the municipal group will be around plaza mckinley, enlarging the plaza by adding the block with the unfinished spanish building. the group, which includes ayuntamiento, and the proposed custom house, board of trade, and commercial museum, extends to the waterfront where a special pier is proposed as the main water gate of
a street is a public thoroughfare in a city, town or village, typically lined with buildings on one or both sides. streets often include pavements ( sidewalks ), pedestrian crossings, and sometimes amenities like streetlights or benches. a street can be as simple as a level patch of dirt, but is more often paved with a hard, durable surface such as tarmac, concrete, cobblestone or brick. it can be designed for both social activity and movement. originally, the word street simply meant a paved road ( latin : via strata ). the word street is still sometimes used informally as a synonym for road, for example in connection with the ancient watling street, but city residents and urban planners draw a significant modern distinction : a road's main function is transportation, while streets facilitate public interaction. examples of streets include pedestrian streets, alleys, and city - centre streets too crowded for motor vehicles to pass. conversely, highways and motorways are types of roads, but few would refer to them as streets. when a street needs to support heavy through traffic, it can come to resemble a road. such a street - road combination is known as a stroad. = = etymology = = the word street has its origins in the latin strata ( meaning " paved road " β an abbreviation from via strata ) ; it is thus related to stratum and stratification. the first recorded use of word stratΓ¦ referring to the road has been made by eutropius. ancient greek stratos means army : greeks originally built roads to move their armies. old english applied the word to roman roads in britain such as ermine street, watling street, etc. later it acquired a dialectical meaning of " straggling village ", which were often laid out on the verges of roman roads and these settlements often became named stretton. in the middle ages, a road was a way people travelled, with street applied specifically to paved ways. = = history = = streets have their roots to antiquity in ancient roads or trade routes, designed for practical purposes like transportation, commerce or defence. in many cities, streets may have originated as paths through wilderness or were shaped by natural features like rivers, hills or the coastline. as towns and cities grew from the first civilizations, streets were planned to facilitate urban development. early street names often echoed local landmarks, businesses or key figures. some streets were named after royalty, national heroes or historical events. over time when settlements increased, streets were modified to support growing populations
= 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 β 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:
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Breyer's right must await the action of appropriate public authorities to open College Avenue as a public street, since no private easements arose by implication.
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Meadowview is a large tract of undeveloped land. Black, the owner of Meadowview, prepared a development plan creating 200 house lots in Meadowview with the necessary streets and public areas. The plan was fully approved by all necessary governmental agencies and duly recorded. However, construction of the streets, utilities, and other aspects of the development of Meadowview has not yet begun, and none of the streets can be opened as public ways until they are completed in accordance with the applicable ordinances of the municipality in which Meadowview is located. College Avenue, one of the streets laid out as part of the Meadowview development, abuts Whiteacre, an adjacent one-acre parcel owned by White. Whiteacre has no access to any public way except an old, poorly developed road which is inconvenient and cannot be used without great expense. White sold Whiteacre to Breyer. The description used in the deed from White to Breyer was the same as that used in prior deeds except that the portion of the description which formerly said, "thence by land of Black, northeasterly a distance of 200 feet, more or less," was changed to "thence by College Avenue as laid out on the Plan of Meadowview North 46, East 201.6 feet," with full reference to the plan and its recording data. Breyer now seeks a building permit which will show that Breyer intends to use College Avenue for access to Whiteacre. Black objects to the granting of a building permit on the grounds that he has never granted any right to White or Breyer to use College Avenue. There are no governing statutes or ordinances relating to the problem. Black brings an appropriate action in which the right of Breyer to use College Avenue without an express grant from Black is at issue."The best argument for Black in this action is that
0. Breyer's right must await the action of appropriate public authorities to open College Avenue as a public street, since no private easements arose by implication.
1. the Statute of Frauds prevents the introduction of evidence which might prove the necessity for Breyer to use College Avenue.
2. Breyer's right to use College Avenue is restricted to the assertion of a way by necessity and the facts preclude the success of such a claim.
3. Breyer would be unjustly enriched if he were permitted to use College Avenue
a road within a housing development feeding directly into individual driveways. in the last half of the 20th century planners of suburban streets often abandoned the tradition of a rigid, rectangular grid, and instead designed systems to discourage through - traffic. this and other traffic calming methods provided quiet for families and play space for children within a streetscape. adolescent suburbanites find, in attenuated form, the amenities of street life in shopping malls where vehicles are forbidden. a town square or plaza is a little more like a street, but a town square is rarely paved with asphalt and may not make any concessions for through - traffic at all. = = = nomenclature = = = there is a haphazard relationship, at best, between a thoroughfare's function and its name. for example, london's abbey road serves all the vital functions of a street, despite its name, and locals are more apt to refer to the " street " outside than the " road ". a desolate road in rural montana, on the other hand, may bear a sign proclaiming it " davidson street ", but this does not make it a " street " except in the original sense of a paved road. in the united kingdom the inhabitants of many towns will refer to their main thoroughfare as the high street ( in the united states and canada it would be called the main street β however, occasionally " main street " in a city or town is a street other than the de facto main thoroughfare ), and many of the ways leading off it will be named " road " despite the urban setting. thus the town's so - called " roads " will actually be more like streets than like road. some streets may even be called " highways ", even though they may carry no highway designation at all : this may arise when an historic road that was built to connect distant towns was named a " street " but originally never was in the truest sense. some roads of this type which later became designated as numbered highways, became identified as said highway and may continue to colloquially be labelled as such from force of habit even if sections of it are subsequently urbanized and become an actual street and has its highway status decommissioned. hurontario street in mississauga, ontario, canada ( which was formerly ontario highway 10, but predates it ), is an example of this. in some other english - speaking countries, such as australia and new zealand, cities are often divided by a main " road ", with " streets " leading from this " road ", or
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 β regardless of whether it be by a municipality or an organized residential community, like a homeowner'association or a community trust. : 707 β 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 β like utilities, recreational facilities, schools, and parks β 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 = =
new street lines and opening some streets immediately, while others may be opened gradually. the plan also addresses the preservation of the old walls surrounding the intramuros, suggesting that openings be made through the massive projecting bastions for roadways. the existing moat is proposed to be filled and leveled to create sunken panels for green spaces. the outer districts of the city are provided with a street system that avoids north - south or east - west orientation, instead favoring fan - shaped grouping of radiating streets and diagonal arteries for direct communication. the plan also suggests wider avenues with park - like connections and ample shade. the overall goal is to leave the old city streets untouched, improve the setting of the old walls, and create a street system that ensures sunlight, accessibility, and efficient traffic flow. the importance of future needs and the example of washington, d. c., are highlighted as reasons for the proposed plan's scale and foresight. = = = location of building sites = = = the government or national group, which includes the capitol building and department buildings, is located on the present camp wallace and adjacent land back of calle nozelada. the buildings are arranged in a hollow square formation, opening westward toward the sea. the eastern front of the capitol faces a semi - circular plaza, which serves as a central hub connecting the street system to all parts of the city, ensuring the capitol, the symbol of the nation's power and the center of government activities, is easily accessible from all sides. south of the main group is the courthouse. to the north, along malecon drive leading to the bridge of spain, are area allocated for semi - public buildings such as libraries, museums, and permanent exposition buildings. behind these buildings are some of the proposed athletic fields. the road ends in a central circle with three important bridges over the pasig river. post office will be relocated south of its current temporary site, requiring riverfront access for easy mail transportation. a proposed passenger railway station, centrally located in greater manila, is connected to the government center through one of the radiating arteries. the location takes advantage of the bend in the pasig river, allowing for the development of a terminal property without causing significant disruptions to traffic. the municipal group will be around plaza mckinley, enlarging the plaza by adding the block with the unfinished spanish building. the group, which includes ayuntamiento, and the proposed custom house, board of trade, and commercial museum, extends to the waterfront where a special pier is proposed as the main water gate of
a street is a public thoroughfare in a city, town or village, typically lined with buildings on one or both sides. streets often include pavements ( sidewalks ), pedestrian crossings, and sometimes amenities like streetlights or benches. a street can be as simple as a level patch of dirt, but is more often paved with a hard, durable surface such as tarmac, concrete, cobblestone or brick. it can be designed for both social activity and movement. originally, the word street simply meant a paved road ( latin : via strata ). the word street is still sometimes used informally as a synonym for road, for example in connection with the ancient watling street, but city residents and urban planners draw a significant modern distinction : a road's main function is transportation, while streets facilitate public interaction. examples of streets include pedestrian streets, alleys, and city - centre streets too crowded for motor vehicles to pass. conversely, highways and motorways are types of roads, but few would refer to them as streets. when a street needs to support heavy through traffic, it can come to resemble a road. such a street - road combination is known as a stroad. = = etymology = = the word street has its origins in the latin strata ( meaning " paved road " β an abbreviation from via strata ) ; it is thus related to stratum and stratification. the first recorded use of word stratΓ¦ referring to the road has been made by eutropius. ancient greek stratos means army : greeks originally built roads to move their armies. old english applied the word to roman roads in britain such as ermine street, watling street, etc. later it acquired a dialectical meaning of " straggling village ", which were often laid out on the verges of roman roads and these settlements often became named stretton. in the middle ages, a road was a way people travelled, with street applied specifically to paved ways. = = history = = streets have their roots to antiquity in ancient roads or trade routes, designed for practical purposes like transportation, commerce or defence. in many cities, streets may have originated as paths through wilderness or were shaped by natural features like rivers, hills or the coastline. as towns and cities grew from the first civilizations, streets were planned to facilitate urban development. early street names often echoed local landmarks, businesses or key figures. some streets were named after royalty, national heroes or historical events. over time when settlements increased, streets were modified to support growing populations
= 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 β 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:
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Breyer's right to use College Avenue is restricted to the assertion of a way by necessity and the facts preclude the success of such a claim.
| 0.3 |
John Doe, the owner of a milk container manufacturing firm, sought to focus public attention on the milk packaging law of the State of Clinton in order to have it repealed. On a weekday at 12 noon, he delivered an excited, animated, and loud harangue on the steps of the State Capitol in front of the main entryway. An audience of 200 onlookers, who gathered on the steps, heckled him and laughed as he delivered his tirade. Doe repeatedly stated, gesturing expressively and making faces, that "the g ΒΒddamned milk packaging law is stupid," and that "I will strangle every one of those g ΒΒddamned legislators I can get hold of because this law they created proves they are all too dumb to live." After about 15 minutes, Doe stopped speaking, and the amused crowd dispersed. There are three relevant statutes of the State of Clinton. The first statute prohibits "all speech making, picketing, and public gatherings of every sort on the Capitol steps in front of the main entryway during the hours of 7:45 a.m. ΒΒ8:15 a.m., 11:45 a.m. ΒΒ12:15 p.m., 12:45 p.m. ΒΒ1:15 p.m., and 4:45 p.m. ΒΒ5:15 p.m. on Capitol working days.""If Doe is prosecuted under the "Capitol steps" statute and defends on constitutional grounds, which of the following best describes the proper burden of proof?
0. Doe would have to prove that the state did not have a rational basis for enacting this statute.
1. Doe would have to prove that the state did not have a compelling need for this statute or that it had less restrictive means by which it could satisfy that need.
2. The state would have to prove that it had a rational basis for enacting this statute.
3. The state would have to prove that it had a compelling need for this statute and that there were no less restrictive means by which it could satisfy that need
your home. they want to take away your hamburgers. " the comments about hamburgers are a common criticism of the deal by conservatives, who have gone on to criticize representative ocasio - cortez for allowing her chief of staff to eat a hamburger with her at a washington restaurant. on february 13, 2019, rep. mark walker ( r - nc ) released a parody video on his verified twitter account comparing the green new deal to the failed fyre festival, using the hashtag # gndisfyre. on march 14, 2019, rep. rob bishop, a republican representing utah's 1st congressional district, said that the legislation was " tantamount to genocide, " adding shortly afterward that his comment was " maybe an overstatement, but not by a lot. " during a fox business interview on august 13, 2020, president donald trump again voiced his opposition, declaring that adopting the green new deal would result in demolishing the empire state building and abolishing all animals. = = = = legislative outcome = = = = on march 26, in what democrats called a " stunt, " republicans called for an early vote on the resolution without allowing discussion or expert testimony. in protest, 42 democrats and one independent who caucuses with democrats voted " present " resulting in a 57 β 0 defeat on the senate floor. three democrats and one independent who caucuses with democrats voted against the bill, while the other votes were along party lines. = = = = 2020 presidential campaign = = = = howie hawkins, the green party's 2020 presidential candidate, ran on a green new deal platform calling for the u. s. to reach zero greenhouse emissions and 100 % clean energy by 2030. democratic party presidential candidate and president - elect joe biden has declined to endorse the full green new deal plan proposed by members of his party, but he has promised to increase generation of renewable energy, transition to more energy efficient buildings and increase fuel efficiency standards for automobiles. the joint policy proposals developed by the biden and sanders campaigns, which were released on july 8, 2020, do not include a green new deal. = = = the biden climate plan = = = in 2021, commentators noted that early climate - related executive actions by president biden, such as re - joining the paris agreement, have much in common with the 2019 gnd proposed by rep. ocasio - cortez and sen. markey. according to mike krancer, while he sees the biden plan for a clean
carrying firearms. concealed carry and open carry of a firearm is legal over the age of 16, with those below 16 requiring parental permission. vermont has a pro - sanctuary city law. the state is an alcoholic beverage control state. in 2007, through the vermont department of liquor control, it took in over $ 14 million from the sale and distribution of liquor. in 2013, vermont became the 17th state to decriminalize marijuana. the statute makes possession of less than an ounce of the drug punishable by a small fine, rather than arrest and possible jail time. in 2014, vermont became the first state to call for a constitutional convention to overturn the supreme court's decision in citizens united v. fec. in 2014, vermont became the first state to mandate labeling of genetically modified organisms in the retail food supply. a distinctive law of vermont is public nudity. the state's legislation calls for nudity in public to be a constitutional right of vermonters, so long as " lewd and lascivious " acts are not performed in public view, and that the nudist does not undress in the presence of others. one reason this law was implemented is to protect skinny - dippers who frequent swimming holes, a long - time tradition in the state. there are other restrictions and bylaws on the municipal level concerning problematic nudity, but walking in the nude is legally protected in all 251 towns and cities in vermont. in january 2018, governor phil scott opted to sign h. 511, the vermont marijuana legalization bill, which allows adults 21 and older to possess up to one ounce of marijuana and grow up to two mature plants starting july 1, 2018. = = = = federal politics = = = = historically, vermont was considered one of the most reliably republican states in the country in terms of national elections. from 1856 to 1988, vermont voted democratic only once, in lyndon b. johnson's landslide victory of 1964 against barry m. goldwater. it was also one of only two states β maine is the other β where franklin d. roosevelt was completely shut out in all four of his presidential bids. in the late 19th and early 20th centuries, republican presidential candidates frequently won the state with over 70 % of the vote. in the 1960s and 1970s, many people moved in from out of state. much of this immigration included the arrival of more liberal political influences of the urban areas of new york and the rest of new england in vermont. the brand of republicanism in vermont has historically been a moderate
been cut in half, to twenty - three gallons, and in 2021 the figure was down to just sixteen gallons of milk per person, or 5. 6 ounces a day... leading the... drop - off are members of generation z : people born after 1996... among the eco - conscious, antipathy toward dairy milk is great enough that some high - end coffee shops feel no obligation to offer it at all. " ( p. 36. ) dillon, john j. seven decades of milk, : a history of new york's dairy industry ( 1941 ) innis, harold a. ( 1937 ). the dairy industry in canada. kardashian, kirk. milk money : cash, cows, and the death of the american dairy farm ( 2012 ) kurlansky, mark. milk : a 10, 000 - year history ( 2019 ) ; also published as milk! : a 10, 000 - year food fracas ( 2019 ) mcgee, harold ( 2004 ). on food and cooking ( 2nd ed. ). new york : scribner. isbn 978 - 0 - 684 - 80001 - 1. prasad r ( 2017 ). " historical aspects of milk consumption in south, southeast, and east asia " ( pdf ). asian agricultural history. 21 ( 4 ) : 287 β 307. scherbaum v, srour ml ( 2018 ). " milk products in the dietary management of childhood undernutrition β a historical review " ( pdf ). nutrition research reviews. 31 ( 1 ) : 71 β 84. doi : 10. 1017 / s0954422417000208. pmid 29113618. s2cid 910669. archived from the original ( pdf ) on february 12, 2020. smith - howard, kendra. pure and modern milk : an environmental history since 1900. ( oxford university press ; 2013 ). valenze, deborah. milk : a local and global history ( yale university press, 2011 ) 368 pp. wiley, andrea. re - imagining milk : cultural and biological perspectives ( routledge, 2010 ) ( series for creative teaching and learning in anthropology )
of extensive, structural change in the 1870s and 1880s. urban demand began to grow, as consumer purchasing power increased and milk became regarded as a required daily commodity. over the last three decades of the 19th century, demand for milk in most parts of the country doubled or, in some cases, tripled. legislation in 1875 made the adulteration of milk illegal β this combined with a marketing campaign to change the image of milk. the proportion of rural imports by rail as a percentage of total milk consumption in london grew from under 5 % in the 1860s to over 96 % by the early 20th century. by that point, the supply system for milk was the most highly organized and integrated of any food product. milk was analyzed for infection with tuberculosis. in 1907 180 samples were tested in birmingham and 13. 3 % were found to be infected. the first glass bottle packaging for milk was used in the 1870s. the first company to do so may have been the new york dairy company in 1877. the express dairy company in england began glass bottle production in 1880. in 1884, hervey thatcher, an american inventor from new york, invented a glass milk bottle, called " thatcher's common sense milk jar, " which was sealed with a waxed paper disk. in 1932, plastic - coated paper milk cartons were introduced commercially. in 1863, french chemist and biologist louis pasteur invented pasteurization, a method of killing harmful bacteria in beverages and food products. he developed this method while on summer vacation in arbois, to remedy the frequent acidity of the local wines. he found out experimentally that it is sufficient to heat a young wine to only about 50 β 60 Β°c ( 122 β 140 Β°f ) for a brief time to kill the microbes, and that the wine could be nevertheless properly aged without sacrificing the final quality. in honor of pasteur, the process became known as " pasteurization ". pasteurization was originally used as a way of preventing wine and beer from souring. commercial pasteurizing equipment was produced in germany in the 1880s, and producers adopted the process in copenhagen and stockholm by 1885. = = sources = = all mammal species have females who can produce milk for some time after giving birth. cow milk dominates the amount of milk produced. in 2011, fao estimates 85 % of all milk worldwide was produced from cows. human milk is not produced or distributed industrially or commercially ; however, human milk banks collect donated human breastmilk and redistribute it to infants who may
by portraying knowledge of african american vernacular english to align themselves with these positive aspects of the stereotypes of african americans, as well as to identify themselves as being well - versed in ultra - hip trends that consumers have a desire to follow, and to suggest that their own products are hip. = = = politics = = = political communication has shown to be effective when a candidate is perceived to be an " everyday man ". using a non - standard language variety, colloquialisms, or expletives may thus have a positive effect through the perception of informality. when interacting with the public in light of upcoming elections, politicians tend to switch to colloquial speech in an effort to " fit in " with the local setting. for example, former president barack obama was seen a week before his first inauguration in a restaurant asking for " cheddah " cheese, addressing staff with " y'all " and using phrases like " we straight " to indicate that he didn't need change from the cashier. more recently, after donald trump's victory in the 2016 united states presidential election, it has been noted that more and more politicians are beginning to curse in public, using expletives and language that, in the past, has been reserved for discourse away from voters and the media. this is due to the covert prestige granted to this type of language, allowing politicians to come across more " authentic " despite conveying an angrier tone, helping them appeal to certain voters. = = see also = = = = references = =
Answer:
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The state would have to prove that it had a compelling need for this statute and that there were no less restrictive means by which it could satisfy that need
| null |
John Doe, the owner of a milk container manufacturing firm, sought to focus public attention on the milk packaging law of the State of Clinton in order to have it repealed. On a weekday at 12 noon, he delivered an excited, animated, and loud harangue on the steps of the State Capitol in front of the main entryway. An audience of 200 onlookers, who gathered on the steps, heckled him and laughed as he delivered his tirade. Doe repeatedly stated, gesturing expressively and making faces, that "the g ΒΒddamned milk packaging law is stupid," and that "I will strangle every one of those g ΒΒddamned legislators I can get hold of because this law they created proves they are all too dumb to live." After about 15 minutes, Doe stopped speaking, and the amused crowd dispersed. There are three relevant statutes of the State of Clinton. The first statute prohibits "all speech making, picketing, and public gatherings of every sort on the Capitol steps in front of the main entryway during the hours of 7:45 a.m. ΒΒ8:15 a.m., 11:45 a.m. ΒΒ12:15 p.m., 12:45 p.m. ΒΒ1:15 p.m., and 4:45 p.m. ΒΒ5:15 p.m. on Capitol working days.""If Doe is prosecuted under the "Capitol steps" statute and defends on constitutional grounds, which of the following best describes the proper burden of proof?
0. Doe would have to prove that the state did not have a rational basis for enacting this statute.
1. Doe would have to prove that the state did not have a compelling need for this statute or that it had less restrictive means by which it could satisfy that need.
2. The state would have to prove that it had a rational basis for enacting this statute.
3. The state would have to prove that it had a compelling need for this statute and that there were no less restrictive means by which it could satisfy that need
your home. they want to take away your hamburgers. " the comments about hamburgers are a common criticism of the deal by conservatives, who have gone on to criticize representative ocasio - cortez for allowing her chief of staff to eat a hamburger with her at a washington restaurant. on february 13, 2019, rep. mark walker ( r - nc ) released a parody video on his verified twitter account comparing the green new deal to the failed fyre festival, using the hashtag # gndisfyre. on march 14, 2019, rep. rob bishop, a republican representing utah's 1st congressional district, said that the legislation was " tantamount to genocide, " adding shortly afterward that his comment was " maybe an overstatement, but not by a lot. " during a fox business interview on august 13, 2020, president donald trump again voiced his opposition, declaring that adopting the green new deal would result in demolishing the empire state building and abolishing all animals. = = = = legislative outcome = = = = on march 26, in what democrats called a " stunt, " republicans called for an early vote on the resolution without allowing discussion or expert testimony. in protest, 42 democrats and one independent who caucuses with democrats voted " present " resulting in a 57 β 0 defeat on the senate floor. three democrats and one independent who caucuses with democrats voted against the bill, while the other votes were along party lines. = = = = 2020 presidential campaign = = = = howie hawkins, the green party's 2020 presidential candidate, ran on a green new deal platform calling for the u. s. to reach zero greenhouse emissions and 100 % clean energy by 2030. democratic party presidential candidate and president - elect joe biden has declined to endorse the full green new deal plan proposed by members of his party, but he has promised to increase generation of renewable energy, transition to more energy efficient buildings and increase fuel efficiency standards for automobiles. the joint policy proposals developed by the biden and sanders campaigns, which were released on july 8, 2020, do not include a green new deal. = = = the biden climate plan = = = in 2021, commentators noted that early climate - related executive actions by president biden, such as re - joining the paris agreement, have much in common with the 2019 gnd proposed by rep. ocasio - cortez and sen. markey. according to mike krancer, while he sees the biden plan for a clean
carrying firearms. concealed carry and open carry of a firearm is legal over the age of 16, with those below 16 requiring parental permission. vermont has a pro - sanctuary city law. the state is an alcoholic beverage control state. in 2007, through the vermont department of liquor control, it took in over $ 14 million from the sale and distribution of liquor. in 2013, vermont became the 17th state to decriminalize marijuana. the statute makes possession of less than an ounce of the drug punishable by a small fine, rather than arrest and possible jail time. in 2014, vermont became the first state to call for a constitutional convention to overturn the supreme court's decision in citizens united v. fec. in 2014, vermont became the first state to mandate labeling of genetically modified organisms in the retail food supply. a distinctive law of vermont is public nudity. the state's legislation calls for nudity in public to be a constitutional right of vermonters, so long as " lewd and lascivious " acts are not performed in public view, and that the nudist does not undress in the presence of others. one reason this law was implemented is to protect skinny - dippers who frequent swimming holes, a long - time tradition in the state. there are other restrictions and bylaws on the municipal level concerning problematic nudity, but walking in the nude is legally protected in all 251 towns and cities in vermont. in january 2018, governor phil scott opted to sign h. 511, the vermont marijuana legalization bill, which allows adults 21 and older to possess up to one ounce of marijuana and grow up to two mature plants starting july 1, 2018. = = = = federal politics = = = = historically, vermont was considered one of the most reliably republican states in the country in terms of national elections. from 1856 to 1988, vermont voted democratic only once, in lyndon b. johnson's landslide victory of 1964 against barry m. goldwater. it was also one of only two states β maine is the other β where franklin d. roosevelt was completely shut out in all four of his presidential bids. in the late 19th and early 20th centuries, republican presidential candidates frequently won the state with over 70 % of the vote. in the 1960s and 1970s, many people moved in from out of state. much of this immigration included the arrival of more liberal political influences of the urban areas of new york and the rest of new england in vermont. the brand of republicanism in vermont has historically been a moderate
been cut in half, to twenty - three gallons, and in 2021 the figure was down to just sixteen gallons of milk per person, or 5. 6 ounces a day... leading the... drop - off are members of generation z : people born after 1996... among the eco - conscious, antipathy toward dairy milk is great enough that some high - end coffee shops feel no obligation to offer it at all. " ( p. 36. ) dillon, john j. seven decades of milk, : a history of new york's dairy industry ( 1941 ) innis, harold a. ( 1937 ). the dairy industry in canada. kardashian, kirk. milk money : cash, cows, and the death of the american dairy farm ( 2012 ) kurlansky, mark. milk : a 10, 000 - year history ( 2019 ) ; also published as milk! : a 10, 000 - year food fracas ( 2019 ) mcgee, harold ( 2004 ). on food and cooking ( 2nd ed. ). new york : scribner. isbn 978 - 0 - 684 - 80001 - 1. prasad r ( 2017 ). " historical aspects of milk consumption in south, southeast, and east asia " ( pdf ). asian agricultural history. 21 ( 4 ) : 287 β 307. scherbaum v, srour ml ( 2018 ). " milk products in the dietary management of childhood undernutrition β a historical review " ( pdf ). nutrition research reviews. 31 ( 1 ) : 71 β 84. doi : 10. 1017 / s0954422417000208. pmid 29113618. s2cid 910669. archived from the original ( pdf ) on february 12, 2020. smith - howard, kendra. pure and modern milk : an environmental history since 1900. ( oxford university press ; 2013 ). valenze, deborah. milk : a local and global history ( yale university press, 2011 ) 368 pp. wiley, andrea. re - imagining milk : cultural and biological perspectives ( routledge, 2010 ) ( series for creative teaching and learning in anthropology )
of extensive, structural change in the 1870s and 1880s. urban demand began to grow, as consumer purchasing power increased and milk became regarded as a required daily commodity. over the last three decades of the 19th century, demand for milk in most parts of the country doubled or, in some cases, tripled. legislation in 1875 made the adulteration of milk illegal β this combined with a marketing campaign to change the image of milk. the proportion of rural imports by rail as a percentage of total milk consumption in london grew from under 5 % in the 1860s to over 96 % by the early 20th century. by that point, the supply system for milk was the most highly organized and integrated of any food product. milk was analyzed for infection with tuberculosis. in 1907 180 samples were tested in birmingham and 13. 3 % were found to be infected. the first glass bottle packaging for milk was used in the 1870s. the first company to do so may have been the new york dairy company in 1877. the express dairy company in england began glass bottle production in 1880. in 1884, hervey thatcher, an american inventor from new york, invented a glass milk bottle, called " thatcher's common sense milk jar, " which was sealed with a waxed paper disk. in 1932, plastic - coated paper milk cartons were introduced commercially. in 1863, french chemist and biologist louis pasteur invented pasteurization, a method of killing harmful bacteria in beverages and food products. he developed this method while on summer vacation in arbois, to remedy the frequent acidity of the local wines. he found out experimentally that it is sufficient to heat a young wine to only about 50 β 60 Β°c ( 122 β 140 Β°f ) for a brief time to kill the microbes, and that the wine could be nevertheless properly aged without sacrificing the final quality. in honor of pasteur, the process became known as " pasteurization ". pasteurization was originally used as a way of preventing wine and beer from souring. commercial pasteurizing equipment was produced in germany in the 1880s, and producers adopted the process in copenhagen and stockholm by 1885. = = sources = = all mammal species have females who can produce milk for some time after giving birth. cow milk dominates the amount of milk produced. in 2011, fao estimates 85 % of all milk worldwide was produced from cows. human milk is not produced or distributed industrially or commercially ; however, human milk banks collect donated human breastmilk and redistribute it to infants who may
by portraying knowledge of african american vernacular english to align themselves with these positive aspects of the stereotypes of african americans, as well as to identify themselves as being well - versed in ultra - hip trends that consumers have a desire to follow, and to suggest that their own products are hip. = = = politics = = = political communication has shown to be effective when a candidate is perceived to be an " everyday man ". using a non - standard language variety, colloquialisms, or expletives may thus have a positive effect through the perception of informality. when interacting with the public in light of upcoming elections, politicians tend to switch to colloquial speech in an effort to " fit in " with the local setting. for example, former president barack obama was seen a week before his first inauguration in a restaurant asking for " cheddah " cheese, addressing staff with " y'all " and using phrases like " we straight " to indicate that he didn't need change from the cashier. more recently, after donald trump's victory in the 2016 united states presidential election, it has been noted that more and more politicians are beginning to curse in public, using expletives and language that, in the past, has been reserved for discourse away from voters and the media. this is due to the covert prestige granted to this type of language, allowing politicians to come across more " authentic " despite conveying an angrier tone, helping them appeal to certain voters. = = see also = = = = references = =
Answer:
|
The state would have to prove that it had a rational basis for enacting this statute.
| 0.3 |
John Doe, the owner of a milk container manufacturing firm, sought to focus public attention on the milk packaging law of the State of Clinton in order to have it repealed. On a weekday at 12 noon, he delivered an excited, animated, and loud harangue on the steps of the State Capitol in front of the main entryway. An audience of 200 onlookers, who gathered on the steps, heckled him and laughed as he delivered his tirade. Doe repeatedly stated, gesturing expressively and making faces, that "the g ΒΒddamned milk packaging law is stupid," and that "I will strangle every one of those g ΒΒddamned legislators I can get hold of because this law they created proves they are all too dumb to live." After about 15 minutes, Doe stopped speaking, and the amused crowd dispersed. There are three relevant statutes of the State of Clinton. The first statute prohibits "all speech making, picketing, and public gatherings of every sort on the Capitol steps in front of the main entryway during the hours of 7:45 a.m. ΒΒ8:15 a.m., 11:45 a.m. ΒΒ12:15 p.m., 12:45 p.m. ΒΒ1:15 p.m., and 4:45 p.m. ΒΒ5:15 p.m. on Capitol working days.""Which of the following possible plaintiffs other than Doe would be most likely to obtain an adjudication in a federal court on the validity of the "Capitol steps" statute?
0. A state taxpayer in the highest tax bracket.
1. A politician intending to make a campaign speech on the Capitol steps during a prohibited time.
2. A legislator who voted against the statute because he thought it unconstitutional.
3. An organization whose purpose was "to seek judicial invalidation of unconstitutional laws."
your home. they want to take away your hamburgers. " the comments about hamburgers are a common criticism of the deal by conservatives, who have gone on to criticize representative ocasio - cortez for allowing her chief of staff to eat a hamburger with her at a washington restaurant. on february 13, 2019, rep. mark walker ( r - nc ) released a parody video on his verified twitter account comparing the green new deal to the failed fyre festival, using the hashtag # gndisfyre. on march 14, 2019, rep. rob bishop, a republican representing utah's 1st congressional district, said that the legislation was " tantamount to genocide, " adding shortly afterward that his comment was " maybe an overstatement, but not by a lot. " during a fox business interview on august 13, 2020, president donald trump again voiced his opposition, declaring that adopting the green new deal would result in demolishing the empire state building and abolishing all animals. = = = = legislative outcome = = = = on march 26, in what democrats called a " stunt, " republicans called for an early vote on the resolution without allowing discussion or expert testimony. in protest, 42 democrats and one independent who caucuses with democrats voted " present " resulting in a 57 β 0 defeat on the senate floor. three democrats and one independent who caucuses with democrats voted against the bill, while the other votes were along party lines. = = = = 2020 presidential campaign = = = = howie hawkins, the green party's 2020 presidential candidate, ran on a green new deal platform calling for the u. s. to reach zero greenhouse emissions and 100 % clean energy by 2030. democratic party presidential candidate and president - elect joe biden has declined to endorse the full green new deal plan proposed by members of his party, but he has promised to increase generation of renewable energy, transition to more energy efficient buildings and increase fuel efficiency standards for automobiles. the joint policy proposals developed by the biden and sanders campaigns, which were released on july 8, 2020, do not include a green new deal. = = = the biden climate plan = = = in 2021, commentators noted that early climate - related executive actions by president biden, such as re - joining the paris agreement, have much in common with the 2019 gnd proposed by rep. ocasio - cortez and sen. markey. according to mike krancer, while he sees the biden plan for a clean
carrying firearms. concealed carry and open carry of a firearm is legal over the age of 16, with those below 16 requiring parental permission. vermont has a pro - sanctuary city law. the state is an alcoholic beverage control state. in 2007, through the vermont department of liquor control, it took in over $ 14 million from the sale and distribution of liquor. in 2013, vermont became the 17th state to decriminalize marijuana. the statute makes possession of less than an ounce of the drug punishable by a small fine, rather than arrest and possible jail time. in 2014, vermont became the first state to call for a constitutional convention to overturn the supreme court's decision in citizens united v. fec. in 2014, vermont became the first state to mandate labeling of genetically modified organisms in the retail food supply. a distinctive law of vermont is public nudity. the state's legislation calls for nudity in public to be a constitutional right of vermonters, so long as " lewd and lascivious " acts are not performed in public view, and that the nudist does not undress in the presence of others. one reason this law was implemented is to protect skinny - dippers who frequent swimming holes, a long - time tradition in the state. there are other restrictions and bylaws on the municipal level concerning problematic nudity, but walking in the nude is legally protected in all 251 towns and cities in vermont. in january 2018, governor phil scott opted to sign h. 511, the vermont marijuana legalization bill, which allows adults 21 and older to possess up to one ounce of marijuana and grow up to two mature plants starting july 1, 2018. = = = = federal politics = = = = historically, vermont was considered one of the most reliably republican states in the country in terms of national elections. from 1856 to 1988, vermont voted democratic only once, in lyndon b. johnson's landslide victory of 1964 against barry m. goldwater. it was also one of only two states β maine is the other β where franklin d. roosevelt was completely shut out in all four of his presidential bids. in the late 19th and early 20th centuries, republican presidential candidates frequently won the state with over 70 % of the vote. in the 1960s and 1970s, many people moved in from out of state. much of this immigration included the arrival of more liberal political influences of the urban areas of new york and the rest of new england in vermont. the brand of republicanism in vermont has historically been a moderate
been cut in half, to twenty - three gallons, and in 2021 the figure was down to just sixteen gallons of milk per person, or 5. 6 ounces a day... leading the... drop - off are members of generation z : people born after 1996... among the eco - conscious, antipathy toward dairy milk is great enough that some high - end coffee shops feel no obligation to offer it at all. " ( p. 36. ) dillon, john j. seven decades of milk, : a history of new york's dairy industry ( 1941 ) innis, harold a. ( 1937 ). the dairy industry in canada. kardashian, kirk. milk money : cash, cows, and the death of the american dairy farm ( 2012 ) kurlansky, mark. milk : a 10, 000 - year history ( 2019 ) ; also published as milk! : a 10, 000 - year food fracas ( 2019 ) mcgee, harold ( 2004 ). on food and cooking ( 2nd ed. ). new york : scribner. isbn 978 - 0 - 684 - 80001 - 1. prasad r ( 2017 ). " historical aspects of milk consumption in south, southeast, and east asia " ( pdf ). asian agricultural history. 21 ( 4 ) : 287 β 307. scherbaum v, srour ml ( 2018 ). " milk products in the dietary management of childhood undernutrition β a historical review " ( pdf ). nutrition research reviews. 31 ( 1 ) : 71 β 84. doi : 10. 1017 / s0954422417000208. pmid 29113618. s2cid 910669. archived from the original ( pdf ) on february 12, 2020. smith - howard, kendra. pure and modern milk : an environmental history since 1900. ( oxford university press ; 2013 ). valenze, deborah. milk : a local and global history ( yale university press, 2011 ) 368 pp. wiley, andrea. re - imagining milk : cultural and biological perspectives ( routledge, 2010 ) ( series for creative teaching and learning in anthropology )
of extensive, structural change in the 1870s and 1880s. urban demand began to grow, as consumer purchasing power increased and milk became regarded as a required daily commodity. over the last three decades of the 19th century, demand for milk in most parts of the country doubled or, in some cases, tripled. legislation in 1875 made the adulteration of milk illegal β this combined with a marketing campaign to change the image of milk. the proportion of rural imports by rail as a percentage of total milk consumption in london grew from under 5 % in the 1860s to over 96 % by the early 20th century. by that point, the supply system for milk was the most highly organized and integrated of any food product. milk was analyzed for infection with tuberculosis. in 1907 180 samples were tested in birmingham and 13. 3 % were found to be infected. the first glass bottle packaging for milk was used in the 1870s. the first company to do so may have been the new york dairy company in 1877. the express dairy company in england began glass bottle production in 1880. in 1884, hervey thatcher, an american inventor from new york, invented a glass milk bottle, called " thatcher's common sense milk jar, " which was sealed with a waxed paper disk. in 1932, plastic - coated paper milk cartons were introduced commercially. in 1863, french chemist and biologist louis pasteur invented pasteurization, a method of killing harmful bacteria in beverages and food products. he developed this method while on summer vacation in arbois, to remedy the frequent acidity of the local wines. he found out experimentally that it is sufficient to heat a young wine to only about 50 β 60 Β°c ( 122 β 140 Β°f ) for a brief time to kill the microbes, and that the wine could be nevertheless properly aged without sacrificing the final quality. in honor of pasteur, the process became known as " pasteurization ". pasteurization was originally used as a way of preventing wine and beer from souring. commercial pasteurizing equipment was produced in germany in the 1880s, and producers adopted the process in copenhagen and stockholm by 1885. = = sources = = all mammal species have females who can produce milk for some time after giving birth. cow milk dominates the amount of milk produced. in 2011, fao estimates 85 % of all milk worldwide was produced from cows. human milk is not produced or distributed industrially or commercially ; however, human milk banks collect donated human breastmilk and redistribute it to infants who may
by portraying knowledge of african american vernacular english to align themselves with these positive aspects of the stereotypes of african americans, as well as to identify themselves as being well - versed in ultra - hip trends that consumers have a desire to follow, and to suggest that their own products are hip. = = = politics = = = political communication has shown to be effective when a candidate is perceived to be an " everyday man ". using a non - standard language variety, colloquialisms, or expletives may thus have a positive effect through the perception of informality. when interacting with the public in light of upcoming elections, politicians tend to switch to colloquial speech in an effort to " fit in " with the local setting. for example, former president barack obama was seen a week before his first inauguration in a restaurant asking for " cheddah " cheese, addressing staff with " y'all " and using phrases like " we straight " to indicate that he didn't need change from the cashier. more recently, after donald trump's victory in the 2016 united states presidential election, it has been noted that more and more politicians are beginning to curse in public, using expletives and language that, in the past, has been reserved for discourse away from voters and the media. this is due to the covert prestige granted to this type of language, allowing politicians to come across more " authentic " despite conveying an angrier tone, helping them appeal to certain voters. = = see also = = = = references = =
Answer:
|
A politician intending to make a campaign speech on the Capitol steps during a prohibited time.
| null |
John Doe, the owner of a milk container manufacturing firm, sought to focus public attention on the milk packaging law of the State of Clinton in order to have it repealed. On a weekday at 12 noon, he delivered an excited, animated, and loud harangue on the steps of the State Capitol in front of the main entryway. An audience of 200 onlookers, who gathered on the steps, heckled him and laughed as he delivered his tirade. Doe repeatedly stated, gesturing expressively and making faces, that "the g ΒΒddamned milk packaging law is stupid," and that "I will strangle every one of those g ΒΒddamned legislators I can get hold of because this law they created proves they are all too dumb to live." After about 15 minutes, Doe stopped speaking, and the amused crowd dispersed. There are three relevant statutes of the State of Clinton. The first statute prohibits "all speech making, picketing, and public gatherings of every sort on the Capitol steps in front of the main entryway during the hours of 7:45 a.m. ΒΒ8:15 a.m., 11:45 a.m. ΒΒ12:15 p.m., 12:45 p.m. ΒΒ1:15 p.m., and 4:45 p.m. ΒΒ5:15 p.m. on Capitol working days.""Which of the following possible plaintiffs other than Doe would be most likely to obtain an adjudication in a federal court on the validity of the "Capitol steps" statute?
0. A state taxpayer in the highest tax bracket.
1. A politician intending to make a campaign speech on the Capitol steps during a prohibited time.
2. A legislator who voted against the statute because he thought it unconstitutional.
3. An organization whose purpose was "to seek judicial invalidation of unconstitutional laws."
your home. they want to take away your hamburgers. " the comments about hamburgers are a common criticism of the deal by conservatives, who have gone on to criticize representative ocasio - cortez for allowing her chief of staff to eat a hamburger with her at a washington restaurant. on february 13, 2019, rep. mark walker ( r - nc ) released a parody video on his verified twitter account comparing the green new deal to the failed fyre festival, using the hashtag # gndisfyre. on march 14, 2019, rep. rob bishop, a republican representing utah's 1st congressional district, said that the legislation was " tantamount to genocide, " adding shortly afterward that his comment was " maybe an overstatement, but not by a lot. " during a fox business interview on august 13, 2020, president donald trump again voiced his opposition, declaring that adopting the green new deal would result in demolishing the empire state building and abolishing all animals. = = = = legislative outcome = = = = on march 26, in what democrats called a " stunt, " republicans called for an early vote on the resolution without allowing discussion or expert testimony. in protest, 42 democrats and one independent who caucuses with democrats voted " present " resulting in a 57 β 0 defeat on the senate floor. three democrats and one independent who caucuses with democrats voted against the bill, while the other votes were along party lines. = = = = 2020 presidential campaign = = = = howie hawkins, the green party's 2020 presidential candidate, ran on a green new deal platform calling for the u. s. to reach zero greenhouse emissions and 100 % clean energy by 2030. democratic party presidential candidate and president - elect joe biden has declined to endorse the full green new deal plan proposed by members of his party, but he has promised to increase generation of renewable energy, transition to more energy efficient buildings and increase fuel efficiency standards for automobiles. the joint policy proposals developed by the biden and sanders campaigns, which were released on july 8, 2020, do not include a green new deal. = = = the biden climate plan = = = in 2021, commentators noted that early climate - related executive actions by president biden, such as re - joining the paris agreement, have much in common with the 2019 gnd proposed by rep. ocasio - cortez and sen. markey. according to mike krancer, while he sees the biden plan for a clean
carrying firearms. concealed carry and open carry of a firearm is legal over the age of 16, with those below 16 requiring parental permission. vermont has a pro - sanctuary city law. the state is an alcoholic beverage control state. in 2007, through the vermont department of liquor control, it took in over $ 14 million from the sale and distribution of liquor. in 2013, vermont became the 17th state to decriminalize marijuana. the statute makes possession of less than an ounce of the drug punishable by a small fine, rather than arrest and possible jail time. in 2014, vermont became the first state to call for a constitutional convention to overturn the supreme court's decision in citizens united v. fec. in 2014, vermont became the first state to mandate labeling of genetically modified organisms in the retail food supply. a distinctive law of vermont is public nudity. the state's legislation calls for nudity in public to be a constitutional right of vermonters, so long as " lewd and lascivious " acts are not performed in public view, and that the nudist does not undress in the presence of others. one reason this law was implemented is to protect skinny - dippers who frequent swimming holes, a long - time tradition in the state. there are other restrictions and bylaws on the municipal level concerning problematic nudity, but walking in the nude is legally protected in all 251 towns and cities in vermont. in january 2018, governor phil scott opted to sign h. 511, the vermont marijuana legalization bill, which allows adults 21 and older to possess up to one ounce of marijuana and grow up to two mature plants starting july 1, 2018. = = = = federal politics = = = = historically, vermont was considered one of the most reliably republican states in the country in terms of national elections. from 1856 to 1988, vermont voted democratic only once, in lyndon b. johnson's landslide victory of 1964 against barry m. goldwater. it was also one of only two states β maine is the other β where franklin d. roosevelt was completely shut out in all four of his presidential bids. in the late 19th and early 20th centuries, republican presidential candidates frequently won the state with over 70 % of the vote. in the 1960s and 1970s, many people moved in from out of state. much of this immigration included the arrival of more liberal political influences of the urban areas of new york and the rest of new england in vermont. the brand of republicanism in vermont has historically been a moderate
been cut in half, to twenty - three gallons, and in 2021 the figure was down to just sixteen gallons of milk per person, or 5. 6 ounces a day... leading the... drop - off are members of generation z : people born after 1996... among the eco - conscious, antipathy toward dairy milk is great enough that some high - end coffee shops feel no obligation to offer it at all. " ( p. 36. ) dillon, john j. seven decades of milk, : a history of new york's dairy industry ( 1941 ) innis, harold a. ( 1937 ). the dairy industry in canada. kardashian, kirk. milk money : cash, cows, and the death of the american dairy farm ( 2012 ) kurlansky, mark. milk : a 10, 000 - year history ( 2019 ) ; also published as milk! : a 10, 000 - year food fracas ( 2019 ) mcgee, harold ( 2004 ). on food and cooking ( 2nd ed. ). new york : scribner. isbn 978 - 0 - 684 - 80001 - 1. prasad r ( 2017 ). " historical aspects of milk consumption in south, southeast, and east asia " ( pdf ). asian agricultural history. 21 ( 4 ) : 287 β 307. scherbaum v, srour ml ( 2018 ). " milk products in the dietary management of childhood undernutrition β a historical review " ( pdf ). nutrition research reviews. 31 ( 1 ) : 71 β 84. doi : 10. 1017 / s0954422417000208. pmid 29113618. s2cid 910669. archived from the original ( pdf ) on february 12, 2020. smith - howard, kendra. pure and modern milk : an environmental history since 1900. ( oxford university press ; 2013 ). valenze, deborah. milk : a local and global history ( yale university press, 2011 ) 368 pp. wiley, andrea. re - imagining milk : cultural and biological perspectives ( routledge, 2010 ) ( series for creative teaching and learning in anthropology )
of extensive, structural change in the 1870s and 1880s. urban demand began to grow, as consumer purchasing power increased and milk became regarded as a required daily commodity. over the last three decades of the 19th century, demand for milk in most parts of the country doubled or, in some cases, tripled. legislation in 1875 made the adulteration of milk illegal β this combined with a marketing campaign to change the image of milk. the proportion of rural imports by rail as a percentage of total milk consumption in london grew from under 5 % in the 1860s to over 96 % by the early 20th century. by that point, the supply system for milk was the most highly organized and integrated of any food product. milk was analyzed for infection with tuberculosis. in 1907 180 samples were tested in birmingham and 13. 3 % were found to be infected. the first glass bottle packaging for milk was used in the 1870s. the first company to do so may have been the new york dairy company in 1877. the express dairy company in england began glass bottle production in 1880. in 1884, hervey thatcher, an american inventor from new york, invented a glass milk bottle, called " thatcher's common sense milk jar, " which was sealed with a waxed paper disk. in 1932, plastic - coated paper milk cartons were introduced commercially. in 1863, french chemist and biologist louis pasteur invented pasteurization, a method of killing harmful bacteria in beverages and food products. he developed this method while on summer vacation in arbois, to remedy the frequent acidity of the local wines. he found out experimentally that it is sufficient to heat a young wine to only about 50 β 60 Β°c ( 122 β 140 Β°f ) for a brief time to kill the microbes, and that the wine could be nevertheless properly aged without sacrificing the final quality. in honor of pasteur, the process became known as " pasteurization ". pasteurization was originally used as a way of preventing wine and beer from souring. commercial pasteurizing equipment was produced in germany in the 1880s, and producers adopted the process in copenhagen and stockholm by 1885. = = sources = = all mammal species have females who can produce milk for some time after giving birth. cow milk dominates the amount of milk produced. in 2011, fao estimates 85 % of all milk worldwide was produced from cows. human milk is not produced or distributed industrially or commercially ; however, human milk banks collect donated human breastmilk and redistribute it to infants who may
by portraying knowledge of african american vernacular english to align themselves with these positive aspects of the stereotypes of african americans, as well as to identify themselves as being well - versed in ultra - hip trends that consumers have a desire to follow, and to suggest that their own products are hip. = = = politics = = = political communication has shown to be effective when a candidate is perceived to be an " everyday man ". using a non - standard language variety, colloquialisms, or expletives may thus have a positive effect through the perception of informality. when interacting with the public in light of upcoming elections, politicians tend to switch to colloquial speech in an effort to " fit in " with the local setting. for example, former president barack obama was seen a week before his first inauguration in a restaurant asking for " cheddah " cheese, addressing staff with " y'all " and using phrases like " we straight " to indicate that he didn't need change from the cashier. more recently, after donald trump's victory in the 2016 united states presidential election, it has been noted that more and more politicians are beginning to curse in public, using expletives and language that, in the past, has been reserved for discourse away from voters and the media. this is due to the covert prestige granted to this type of language, allowing politicians to come across more " authentic " despite conveying an angrier tone, helping them appeal to certain voters. = = see also = = = = references = =
Answer:
|
An organization whose purpose was "to seek judicial invalidation of unconstitutional laws."
| 0.3 |
John Doe, the owner of a milk container manufacturing firm, sought to focus public attention on the milk packaging law of the State of Clinton in order to have it repealed. On a weekday at 12 noon, he delivered an excited, animated, and loud harangue on the steps of the State Capitol in front of the main entryway. An audience of 200 onlookers, who gathered on the steps, heckled him and laughed as he delivered his tirade. Doe repeatedly stated, gesturing expressively and making faces, that "the g ΒΒddamned milk packaging law is stupid," and that "I will strangle every one of those g ΒΒddamned legislators I can get hold of because this law they created proves they are all too dumb to live." After about 15 minutes, Doe stopped speaking, and the amused crowd dispersed. There are three relevant statutes of the State of Clinton. The first statute prohibits "all speech making, picketing, and public gatherings of every sort on the Capitol steps in front of the main entryway during the hours of 7:45 a.m. ΒΒ8:15 a.m., 11:45 a.m. ΒΒ12:15 p.m., 12:45 p.m. ΒΒ1:15 p.m., and 4:45 p.m. ΒΒ5:15 p.m. on Capitol working days."". The "Capitol steps" statute is probably
0. constitutional both on its face and as applied to Doe.
1. constitutional on its face, but unconstitutional as applied to Doe.
2. unconstitutional on its face, because it applies to all working days.
3. unconstitutional on its face, because it concerns the State Capito
your home. they want to take away your hamburgers. " the comments about hamburgers are a common criticism of the deal by conservatives, who have gone on to criticize representative ocasio - cortez for allowing her chief of staff to eat a hamburger with her at a washington restaurant. on february 13, 2019, rep. mark walker ( r - nc ) released a parody video on his verified twitter account comparing the green new deal to the failed fyre festival, using the hashtag # gndisfyre. on march 14, 2019, rep. rob bishop, a republican representing utah's 1st congressional district, said that the legislation was " tantamount to genocide, " adding shortly afterward that his comment was " maybe an overstatement, but not by a lot. " during a fox business interview on august 13, 2020, president donald trump again voiced his opposition, declaring that adopting the green new deal would result in demolishing the empire state building and abolishing all animals. = = = = legislative outcome = = = = on march 26, in what democrats called a " stunt, " republicans called for an early vote on the resolution without allowing discussion or expert testimony. in protest, 42 democrats and one independent who caucuses with democrats voted " present " resulting in a 57 β 0 defeat on the senate floor. three democrats and one independent who caucuses with democrats voted against the bill, while the other votes were along party lines. = = = = 2020 presidential campaign = = = = howie hawkins, the green party's 2020 presidential candidate, ran on a green new deal platform calling for the u. s. to reach zero greenhouse emissions and 100 % clean energy by 2030. democratic party presidential candidate and president - elect joe biden has declined to endorse the full green new deal plan proposed by members of his party, but he has promised to increase generation of renewable energy, transition to more energy efficient buildings and increase fuel efficiency standards for automobiles. the joint policy proposals developed by the biden and sanders campaigns, which were released on july 8, 2020, do not include a green new deal. = = = the biden climate plan = = = in 2021, commentators noted that early climate - related executive actions by president biden, such as re - joining the paris agreement, have much in common with the 2019 gnd proposed by rep. ocasio - cortez and sen. markey. according to mike krancer, while he sees the biden plan for a clean
carrying firearms. concealed carry and open carry of a firearm is legal over the age of 16, with those below 16 requiring parental permission. vermont has a pro - sanctuary city law. the state is an alcoholic beverage control state. in 2007, through the vermont department of liquor control, it took in over $ 14 million from the sale and distribution of liquor. in 2013, vermont became the 17th state to decriminalize marijuana. the statute makes possession of less than an ounce of the drug punishable by a small fine, rather than arrest and possible jail time. in 2014, vermont became the first state to call for a constitutional convention to overturn the supreme court's decision in citizens united v. fec. in 2014, vermont became the first state to mandate labeling of genetically modified organisms in the retail food supply. a distinctive law of vermont is public nudity. the state's legislation calls for nudity in public to be a constitutional right of vermonters, so long as " lewd and lascivious " acts are not performed in public view, and that the nudist does not undress in the presence of others. one reason this law was implemented is to protect skinny - dippers who frequent swimming holes, a long - time tradition in the state. there are other restrictions and bylaws on the municipal level concerning problematic nudity, but walking in the nude is legally protected in all 251 towns and cities in vermont. in january 2018, governor phil scott opted to sign h. 511, the vermont marijuana legalization bill, which allows adults 21 and older to possess up to one ounce of marijuana and grow up to two mature plants starting july 1, 2018. = = = = federal politics = = = = historically, vermont was considered one of the most reliably republican states in the country in terms of national elections. from 1856 to 1988, vermont voted democratic only once, in lyndon b. johnson's landslide victory of 1964 against barry m. goldwater. it was also one of only two states β maine is the other β where franklin d. roosevelt was completely shut out in all four of his presidential bids. in the late 19th and early 20th centuries, republican presidential candidates frequently won the state with over 70 % of the vote. in the 1960s and 1970s, many people moved in from out of state. much of this immigration included the arrival of more liberal political influences of the urban areas of new york and the rest of new england in vermont. the brand of republicanism in vermont has historically been a moderate
been cut in half, to twenty - three gallons, and in 2021 the figure was down to just sixteen gallons of milk per person, or 5. 6 ounces a day... leading the... drop - off are members of generation z : people born after 1996... among the eco - conscious, antipathy toward dairy milk is great enough that some high - end coffee shops feel no obligation to offer it at all. " ( p. 36. ) dillon, john j. seven decades of milk, : a history of new york's dairy industry ( 1941 ) innis, harold a. ( 1937 ). the dairy industry in canada. kardashian, kirk. milk money : cash, cows, and the death of the american dairy farm ( 2012 ) kurlansky, mark. milk : a 10, 000 - year history ( 2019 ) ; also published as milk! : a 10, 000 - year food fracas ( 2019 ) mcgee, harold ( 2004 ). on food and cooking ( 2nd ed. ). new york : scribner. isbn 978 - 0 - 684 - 80001 - 1. prasad r ( 2017 ). " historical aspects of milk consumption in south, southeast, and east asia " ( pdf ). asian agricultural history. 21 ( 4 ) : 287 β 307. scherbaum v, srour ml ( 2018 ). " milk products in the dietary management of childhood undernutrition β a historical review " ( pdf ). nutrition research reviews. 31 ( 1 ) : 71 β 84. doi : 10. 1017 / s0954422417000208. pmid 29113618. s2cid 910669. archived from the original ( pdf ) on february 12, 2020. smith - howard, kendra. pure and modern milk : an environmental history since 1900. ( oxford university press ; 2013 ). valenze, deborah. milk : a local and global history ( yale university press, 2011 ) 368 pp. wiley, andrea. re - imagining milk : cultural and biological perspectives ( routledge, 2010 ) ( series for creative teaching and learning in anthropology )
of extensive, structural change in the 1870s and 1880s. urban demand began to grow, as consumer purchasing power increased and milk became regarded as a required daily commodity. over the last three decades of the 19th century, demand for milk in most parts of the country doubled or, in some cases, tripled. legislation in 1875 made the adulteration of milk illegal β this combined with a marketing campaign to change the image of milk. the proportion of rural imports by rail as a percentage of total milk consumption in london grew from under 5 % in the 1860s to over 96 % by the early 20th century. by that point, the supply system for milk was the most highly organized and integrated of any food product. milk was analyzed for infection with tuberculosis. in 1907 180 samples were tested in birmingham and 13. 3 % were found to be infected. the first glass bottle packaging for milk was used in the 1870s. the first company to do so may have been the new york dairy company in 1877. the express dairy company in england began glass bottle production in 1880. in 1884, hervey thatcher, an american inventor from new york, invented a glass milk bottle, called " thatcher's common sense milk jar, " which was sealed with a waxed paper disk. in 1932, plastic - coated paper milk cartons were introduced commercially. in 1863, french chemist and biologist louis pasteur invented pasteurization, a method of killing harmful bacteria in beverages and food products. he developed this method while on summer vacation in arbois, to remedy the frequent acidity of the local wines. he found out experimentally that it is sufficient to heat a young wine to only about 50 β 60 Β°c ( 122 β 140 Β°f ) for a brief time to kill the microbes, and that the wine could be nevertheless properly aged without sacrificing the final quality. in honor of pasteur, the process became known as " pasteurization ". pasteurization was originally used as a way of preventing wine and beer from souring. commercial pasteurizing equipment was produced in germany in the 1880s, and producers adopted the process in copenhagen and stockholm by 1885. = = sources = = all mammal species have females who can produce milk for some time after giving birth. cow milk dominates the amount of milk produced. in 2011, fao estimates 85 % of all milk worldwide was produced from cows. human milk is not produced or distributed industrially or commercially ; however, human milk banks collect donated human breastmilk and redistribute it to infants who may
by portraying knowledge of african american vernacular english to align themselves with these positive aspects of the stereotypes of african americans, as well as to identify themselves as being well - versed in ultra - hip trends that consumers have a desire to follow, and to suggest that their own products are hip. = = = politics = = = political communication has shown to be effective when a candidate is perceived to be an " everyday man ". using a non - standard language variety, colloquialisms, or expletives may thus have a positive effect through the perception of informality. when interacting with the public in light of upcoming elections, politicians tend to switch to colloquial speech in an effort to " fit in " with the local setting. for example, former president barack obama was seen a week before his first inauguration in a restaurant asking for " cheddah " cheese, addressing staff with " y'all " and using phrases like " we straight " to indicate that he didn't need change from the cashier. more recently, after donald trump's victory in the 2016 united states presidential election, it has been noted that more and more politicians are beginning to curse in public, using expletives and language that, in the past, has been reserved for discourse away from voters and the media. this is due to the covert prestige granted to this type of language, allowing politicians to come across more " authentic " despite conveying an angrier tone, helping them appeal to certain voters. = = see also = = = = references = =
Answer:
|
constitutional both on its face and as applied to Doe.
| null |
John Doe, the owner of a milk container manufacturing firm, sought to focus public attention on the milk packaging law of the State of Clinton in order to have it repealed. On a weekday at 12 noon, he delivered an excited, animated, and loud harangue on the steps of the State Capitol in front of the main entryway. An audience of 200 onlookers, who gathered on the steps, heckled him and laughed as he delivered his tirade. Doe repeatedly stated, gesturing expressively and making faces, that "the g ΒΒddamned milk packaging law is stupid," and that "I will strangle every one of those g ΒΒddamned legislators I can get hold of because this law they created proves they are all too dumb to live." After about 15 minutes, Doe stopped speaking, and the amused crowd dispersed. There are three relevant statutes of the State of Clinton. The first statute prohibits "all speech making, picketing, and public gatherings of every sort on the Capitol steps in front of the main entryway during the hours of 7:45 a.m. ΒΒ8:15 a.m., 11:45 a.m. ΒΒ12:15 p.m., 12:45 p.m. ΒΒ1:15 p.m., and 4:45 p.m. ΒΒ5:15 p.m. on Capitol working days."". The "Capitol steps" statute is probably
0. constitutional both on its face and as applied to Doe.
1. constitutional on its face, but unconstitutional as applied to Doe.
2. unconstitutional on its face, because it applies to all working days.
3. unconstitutional on its face, because it concerns the State Capito
your home. they want to take away your hamburgers. " the comments about hamburgers are a common criticism of the deal by conservatives, who have gone on to criticize representative ocasio - cortez for allowing her chief of staff to eat a hamburger with her at a washington restaurant. on february 13, 2019, rep. mark walker ( r - nc ) released a parody video on his verified twitter account comparing the green new deal to the failed fyre festival, using the hashtag # gndisfyre. on march 14, 2019, rep. rob bishop, a republican representing utah's 1st congressional district, said that the legislation was " tantamount to genocide, " adding shortly afterward that his comment was " maybe an overstatement, but not by a lot. " during a fox business interview on august 13, 2020, president donald trump again voiced his opposition, declaring that adopting the green new deal would result in demolishing the empire state building and abolishing all animals. = = = = legislative outcome = = = = on march 26, in what democrats called a " stunt, " republicans called for an early vote on the resolution without allowing discussion or expert testimony. in protest, 42 democrats and one independent who caucuses with democrats voted " present " resulting in a 57 β 0 defeat on the senate floor. three democrats and one independent who caucuses with democrats voted against the bill, while the other votes were along party lines. = = = = 2020 presidential campaign = = = = howie hawkins, the green party's 2020 presidential candidate, ran on a green new deal platform calling for the u. s. to reach zero greenhouse emissions and 100 % clean energy by 2030. democratic party presidential candidate and president - elect joe biden has declined to endorse the full green new deal plan proposed by members of his party, but he has promised to increase generation of renewable energy, transition to more energy efficient buildings and increase fuel efficiency standards for automobiles. the joint policy proposals developed by the biden and sanders campaigns, which were released on july 8, 2020, do not include a green new deal. = = = the biden climate plan = = = in 2021, commentators noted that early climate - related executive actions by president biden, such as re - joining the paris agreement, have much in common with the 2019 gnd proposed by rep. ocasio - cortez and sen. markey. according to mike krancer, while he sees the biden plan for a clean
carrying firearms. concealed carry and open carry of a firearm is legal over the age of 16, with those below 16 requiring parental permission. vermont has a pro - sanctuary city law. the state is an alcoholic beverage control state. in 2007, through the vermont department of liquor control, it took in over $ 14 million from the sale and distribution of liquor. in 2013, vermont became the 17th state to decriminalize marijuana. the statute makes possession of less than an ounce of the drug punishable by a small fine, rather than arrest and possible jail time. in 2014, vermont became the first state to call for a constitutional convention to overturn the supreme court's decision in citizens united v. fec. in 2014, vermont became the first state to mandate labeling of genetically modified organisms in the retail food supply. a distinctive law of vermont is public nudity. the state's legislation calls for nudity in public to be a constitutional right of vermonters, so long as " lewd and lascivious " acts are not performed in public view, and that the nudist does not undress in the presence of others. one reason this law was implemented is to protect skinny - dippers who frequent swimming holes, a long - time tradition in the state. there are other restrictions and bylaws on the municipal level concerning problematic nudity, but walking in the nude is legally protected in all 251 towns and cities in vermont. in january 2018, governor phil scott opted to sign h. 511, the vermont marijuana legalization bill, which allows adults 21 and older to possess up to one ounce of marijuana and grow up to two mature plants starting july 1, 2018. = = = = federal politics = = = = historically, vermont was considered one of the most reliably republican states in the country in terms of national elections. from 1856 to 1988, vermont voted democratic only once, in lyndon b. johnson's landslide victory of 1964 against barry m. goldwater. it was also one of only two states β maine is the other β where franklin d. roosevelt was completely shut out in all four of his presidential bids. in the late 19th and early 20th centuries, republican presidential candidates frequently won the state with over 70 % of the vote. in the 1960s and 1970s, many people moved in from out of state. much of this immigration included the arrival of more liberal political influences of the urban areas of new york and the rest of new england in vermont. the brand of republicanism in vermont has historically been a moderate
been cut in half, to twenty - three gallons, and in 2021 the figure was down to just sixteen gallons of milk per person, or 5. 6 ounces a day... leading the... drop - off are members of generation z : people born after 1996... among the eco - conscious, antipathy toward dairy milk is great enough that some high - end coffee shops feel no obligation to offer it at all. " ( p. 36. ) dillon, john j. seven decades of milk, : a history of new york's dairy industry ( 1941 ) innis, harold a. ( 1937 ). the dairy industry in canada. kardashian, kirk. milk money : cash, cows, and the death of the american dairy farm ( 2012 ) kurlansky, mark. milk : a 10, 000 - year history ( 2019 ) ; also published as milk! : a 10, 000 - year food fracas ( 2019 ) mcgee, harold ( 2004 ). on food and cooking ( 2nd ed. ). new york : scribner. isbn 978 - 0 - 684 - 80001 - 1. prasad r ( 2017 ). " historical aspects of milk consumption in south, southeast, and east asia " ( pdf ). asian agricultural history. 21 ( 4 ) : 287 β 307. scherbaum v, srour ml ( 2018 ). " milk products in the dietary management of childhood undernutrition β a historical review " ( pdf ). nutrition research reviews. 31 ( 1 ) : 71 β 84. doi : 10. 1017 / s0954422417000208. pmid 29113618. s2cid 910669. archived from the original ( pdf ) on february 12, 2020. smith - howard, kendra. pure and modern milk : an environmental history since 1900. ( oxford university press ; 2013 ). valenze, deborah. milk : a local and global history ( yale university press, 2011 ) 368 pp. wiley, andrea. re - imagining milk : cultural and biological perspectives ( routledge, 2010 ) ( series for creative teaching and learning in anthropology )
of extensive, structural change in the 1870s and 1880s. urban demand began to grow, as consumer purchasing power increased and milk became regarded as a required daily commodity. over the last three decades of the 19th century, demand for milk in most parts of the country doubled or, in some cases, tripled. legislation in 1875 made the adulteration of milk illegal β this combined with a marketing campaign to change the image of milk. the proportion of rural imports by rail as a percentage of total milk consumption in london grew from under 5 % in the 1860s to over 96 % by the early 20th century. by that point, the supply system for milk was the most highly organized and integrated of any food product. milk was analyzed for infection with tuberculosis. in 1907 180 samples were tested in birmingham and 13. 3 % were found to be infected. the first glass bottle packaging for milk was used in the 1870s. the first company to do so may have been the new york dairy company in 1877. the express dairy company in england began glass bottle production in 1880. in 1884, hervey thatcher, an american inventor from new york, invented a glass milk bottle, called " thatcher's common sense milk jar, " which was sealed with a waxed paper disk. in 1932, plastic - coated paper milk cartons were introduced commercially. in 1863, french chemist and biologist louis pasteur invented pasteurization, a method of killing harmful bacteria in beverages and food products. he developed this method while on summer vacation in arbois, to remedy the frequent acidity of the local wines. he found out experimentally that it is sufficient to heat a young wine to only about 50 β 60 Β°c ( 122 β 140 Β°f ) for a brief time to kill the microbes, and that the wine could be nevertheless properly aged without sacrificing the final quality. in honor of pasteur, the process became known as " pasteurization ". pasteurization was originally used as a way of preventing wine and beer from souring. commercial pasteurizing equipment was produced in germany in the 1880s, and producers adopted the process in copenhagen and stockholm by 1885. = = sources = = all mammal species have females who can produce milk for some time after giving birth. cow milk dominates the amount of milk produced. in 2011, fao estimates 85 % of all milk worldwide was produced from cows. human milk is not produced or distributed industrially or commercially ; however, human milk banks collect donated human breastmilk and redistribute it to infants who may
by portraying knowledge of african american vernacular english to align themselves with these positive aspects of the stereotypes of african americans, as well as to identify themselves as being well - versed in ultra - hip trends that consumers have a desire to follow, and to suggest that their own products are hip. = = = politics = = = political communication has shown to be effective when a candidate is perceived to be an " everyday man ". using a non - standard language variety, colloquialisms, or expletives may thus have a positive effect through the perception of informality. when interacting with the public in light of upcoming elections, politicians tend to switch to colloquial speech in an effort to " fit in " with the local setting. for example, former president barack obama was seen a week before his first inauguration in a restaurant asking for " cheddah " cheese, addressing staff with " y'all " and using phrases like " we straight " to indicate that he didn't need change from the cashier. more recently, after donald trump's victory in the 2016 united states presidential election, it has been noted that more and more politicians are beginning to curse in public, using expletives and language that, in the past, has been reserved for discourse away from voters and the media. this is due to the covert prestige granted to this type of language, allowing politicians to come across more " authentic " despite conveying an angrier tone, helping them appeal to certain voters. = = see also = = = = references = =
Answer:
|
unconstitutional on its face, because it applies to all working days.
| 0.3 |
John Doe, the owner of a milk container manufacturing firm, sought to focus public attention on the milk packaging law of the State of Clinton in order to have it repealed. On a weekday at 12 noon, he delivered an excited, animated, and loud harangue on the steps of the State Capitol in front of the main entryway. An audience of 200 onlookers, who gathered on the steps, heckled him and laughed as he delivered his tirade. Doe repeatedly stated, gesturing expressively and making faces, that "the g ΒΒddamned milk packaging law is stupid," and that "I will strangle every one of those g ΒΒddamned legislators I can get hold of because this law they created proves they are all too dumb to live." After about 15 minutes, Doe stopped speaking, and the amused crowd dispersed. There are three relevant statutes of the State of Clinton. The first statute prohibits "all speech making, picketing, and public gatherings of every sort on the Capitol steps in front of the main entryway during the hours of 7:45 a.m. ΒΒ8:15 a.m., 11:45 a.m. ΒΒ12:15 p.m., 12:45 p.m. ΒΒ1:15 p.m., and 4:45 p.m. ΒΒ5:15 p.m. on Capitol working days.""A second state statute punishes "any person who shall intentionally threaten the life or safety of any public official for any act which he performed as part of his public office." Which of the following statements is correct concerning the possible punishment of Doe under the second statute?
0. The statute is unconstitutional on its face.
1. The statute is constitutional on its face, but Doe could not constitutionally be punished under it for this speech.
2. Doe could constitutionally be punished under the statute for his speech.
3. Doe could constitutionally be punished under the statute for his speech, but only if one or more legislators were actually present when he delivered it
your home. they want to take away your hamburgers. " the comments about hamburgers are a common criticism of the deal by conservatives, who have gone on to criticize representative ocasio - cortez for allowing her chief of staff to eat a hamburger with her at a washington restaurant. on february 13, 2019, rep. mark walker ( r - nc ) released a parody video on his verified twitter account comparing the green new deal to the failed fyre festival, using the hashtag # gndisfyre. on march 14, 2019, rep. rob bishop, a republican representing utah's 1st congressional district, said that the legislation was " tantamount to genocide, " adding shortly afterward that his comment was " maybe an overstatement, but not by a lot. " during a fox business interview on august 13, 2020, president donald trump again voiced his opposition, declaring that adopting the green new deal would result in demolishing the empire state building and abolishing all animals. = = = = legislative outcome = = = = on march 26, in what democrats called a " stunt, " republicans called for an early vote on the resolution without allowing discussion or expert testimony. in protest, 42 democrats and one independent who caucuses with democrats voted " present " resulting in a 57 β 0 defeat on the senate floor. three democrats and one independent who caucuses with democrats voted against the bill, while the other votes were along party lines. = = = = 2020 presidential campaign = = = = howie hawkins, the green party's 2020 presidential candidate, ran on a green new deal platform calling for the u. s. to reach zero greenhouse emissions and 100 % clean energy by 2030. democratic party presidential candidate and president - elect joe biden has declined to endorse the full green new deal plan proposed by members of his party, but he has promised to increase generation of renewable energy, transition to more energy efficient buildings and increase fuel efficiency standards for automobiles. the joint policy proposals developed by the biden and sanders campaigns, which were released on july 8, 2020, do not include a green new deal. = = = the biden climate plan = = = in 2021, commentators noted that early climate - related executive actions by president biden, such as re - joining the paris agreement, have much in common with the 2019 gnd proposed by rep. ocasio - cortez and sen. markey. according to mike krancer, while he sees the biden plan for a clean
carrying firearms. concealed carry and open carry of a firearm is legal over the age of 16, with those below 16 requiring parental permission. vermont has a pro - sanctuary city law. the state is an alcoholic beverage control state. in 2007, through the vermont department of liquor control, it took in over $ 14 million from the sale and distribution of liquor. in 2013, vermont became the 17th state to decriminalize marijuana. the statute makes possession of less than an ounce of the drug punishable by a small fine, rather than arrest and possible jail time. in 2014, vermont became the first state to call for a constitutional convention to overturn the supreme court's decision in citizens united v. fec. in 2014, vermont became the first state to mandate labeling of genetically modified organisms in the retail food supply. a distinctive law of vermont is public nudity. the state's legislation calls for nudity in public to be a constitutional right of vermonters, so long as " lewd and lascivious " acts are not performed in public view, and that the nudist does not undress in the presence of others. one reason this law was implemented is to protect skinny - dippers who frequent swimming holes, a long - time tradition in the state. there are other restrictions and bylaws on the municipal level concerning problematic nudity, but walking in the nude is legally protected in all 251 towns and cities in vermont. in january 2018, governor phil scott opted to sign h. 511, the vermont marijuana legalization bill, which allows adults 21 and older to possess up to one ounce of marijuana and grow up to two mature plants starting july 1, 2018. = = = = federal politics = = = = historically, vermont was considered one of the most reliably republican states in the country in terms of national elections. from 1856 to 1988, vermont voted democratic only once, in lyndon b. johnson's landslide victory of 1964 against barry m. goldwater. it was also one of only two states β maine is the other β where franklin d. roosevelt was completely shut out in all four of his presidential bids. in the late 19th and early 20th centuries, republican presidential candidates frequently won the state with over 70 % of the vote. in the 1960s and 1970s, many people moved in from out of state. much of this immigration included the arrival of more liberal political influences of the urban areas of new york and the rest of new england in vermont. the brand of republicanism in vermont has historically been a moderate
been cut in half, to twenty - three gallons, and in 2021 the figure was down to just sixteen gallons of milk per person, or 5. 6 ounces a day... leading the... drop - off are members of generation z : people born after 1996... among the eco - conscious, antipathy toward dairy milk is great enough that some high - end coffee shops feel no obligation to offer it at all. " ( p. 36. ) dillon, john j. seven decades of milk, : a history of new york's dairy industry ( 1941 ) innis, harold a. ( 1937 ). the dairy industry in canada. kardashian, kirk. milk money : cash, cows, and the death of the american dairy farm ( 2012 ) kurlansky, mark. milk : a 10, 000 - year history ( 2019 ) ; also published as milk! : a 10, 000 - year food fracas ( 2019 ) mcgee, harold ( 2004 ). on food and cooking ( 2nd ed. ). new york : scribner. isbn 978 - 0 - 684 - 80001 - 1. prasad r ( 2017 ). " historical aspects of milk consumption in south, southeast, and east asia " ( pdf ). asian agricultural history. 21 ( 4 ) : 287 β 307. scherbaum v, srour ml ( 2018 ). " milk products in the dietary management of childhood undernutrition β a historical review " ( pdf ). nutrition research reviews. 31 ( 1 ) : 71 β 84. doi : 10. 1017 / s0954422417000208. pmid 29113618. s2cid 910669. archived from the original ( pdf ) on february 12, 2020. smith - howard, kendra. pure and modern milk : an environmental history since 1900. ( oxford university press ; 2013 ). valenze, deborah. milk : a local and global history ( yale university press, 2011 ) 368 pp. wiley, andrea. re - imagining milk : cultural and biological perspectives ( routledge, 2010 ) ( series for creative teaching and learning in anthropology )
of extensive, structural change in the 1870s and 1880s. urban demand began to grow, as consumer purchasing power increased and milk became regarded as a required daily commodity. over the last three decades of the 19th century, demand for milk in most parts of the country doubled or, in some cases, tripled. legislation in 1875 made the adulteration of milk illegal β this combined with a marketing campaign to change the image of milk. the proportion of rural imports by rail as a percentage of total milk consumption in london grew from under 5 % in the 1860s to over 96 % by the early 20th century. by that point, the supply system for milk was the most highly organized and integrated of any food product. milk was analyzed for infection with tuberculosis. in 1907 180 samples were tested in birmingham and 13. 3 % were found to be infected. the first glass bottle packaging for milk was used in the 1870s. the first company to do so may have been the new york dairy company in 1877. the express dairy company in england began glass bottle production in 1880. in 1884, hervey thatcher, an american inventor from new york, invented a glass milk bottle, called " thatcher's common sense milk jar, " which was sealed with a waxed paper disk. in 1932, plastic - coated paper milk cartons were introduced commercially. in 1863, french chemist and biologist louis pasteur invented pasteurization, a method of killing harmful bacteria in beverages and food products. he developed this method while on summer vacation in arbois, to remedy the frequent acidity of the local wines. he found out experimentally that it is sufficient to heat a young wine to only about 50 β 60 Β°c ( 122 β 140 Β°f ) for a brief time to kill the microbes, and that the wine could be nevertheless properly aged without sacrificing the final quality. in honor of pasteur, the process became known as " pasteurization ". pasteurization was originally used as a way of preventing wine and beer from souring. commercial pasteurizing equipment was produced in germany in the 1880s, and producers adopted the process in copenhagen and stockholm by 1885. = = sources = = all mammal species have females who can produce milk for some time after giving birth. cow milk dominates the amount of milk produced. in 2011, fao estimates 85 % of all milk worldwide was produced from cows. human milk is not produced or distributed industrially or commercially ; however, human milk banks collect donated human breastmilk and redistribute it to infants who may
by portraying knowledge of african american vernacular english to align themselves with these positive aspects of the stereotypes of african americans, as well as to identify themselves as being well - versed in ultra - hip trends that consumers have a desire to follow, and to suggest that their own products are hip. = = = politics = = = political communication has shown to be effective when a candidate is perceived to be an " everyday man ". using a non - standard language variety, colloquialisms, or expletives may thus have a positive effect through the perception of informality. when interacting with the public in light of upcoming elections, politicians tend to switch to colloquial speech in an effort to " fit in " with the local setting. for example, former president barack obama was seen a week before his first inauguration in a restaurant asking for " cheddah " cheese, addressing staff with " y'all " and using phrases like " we straight " to indicate that he didn't need change from the cashier. more recently, after donald trump's victory in the 2016 united states presidential election, it has been noted that more and more politicians are beginning to curse in public, using expletives and language that, in the past, has been reserved for discourse away from voters and the media. this is due to the covert prestige granted to this type of language, allowing politicians to come across more " authentic " despite conveying an angrier tone, helping them appeal to certain voters. = = see also = = = = references = =
Answer:
|
The statute is constitutional on its face, but Doe could not constitutionally be punished under it for this speech.
| null |
John Doe, the owner of a milk container manufacturing firm, sought to focus public attention on the milk packaging law of the State of Clinton in order to have it repealed. On a weekday at 12 noon, he delivered an excited, animated, and loud harangue on the steps of the State Capitol in front of the main entryway. An audience of 200 onlookers, who gathered on the steps, heckled him and laughed as he delivered his tirade. Doe repeatedly stated, gesturing expressively and making faces, that "the g ΒΒddamned milk packaging law is stupid," and that "I will strangle every one of those g ΒΒddamned legislators I can get hold of because this law they created proves they are all too dumb to live." After about 15 minutes, Doe stopped speaking, and the amused crowd dispersed. There are three relevant statutes of the State of Clinton. The first statute prohibits "all speech making, picketing, and public gatherings of every sort on the Capitol steps in front of the main entryway during the hours of 7:45 a.m. ΒΒ8:15 a.m., 11:45 a.m. ΒΒ12:15 p.m., 12:45 p.m. ΒΒ1:15 p.m., and 4:45 p.m. ΒΒ5:15 p.m. on Capitol working days.""A second state statute punishes "any person who shall intentionally threaten the life or safety of any public official for any act which he performed as part of his public office." Which of the following statements is correct concerning the possible punishment of Doe under the second statute?
0. The statute is unconstitutional on its face.
1. The statute is constitutional on its face, but Doe could not constitutionally be punished under it for this speech.
2. Doe could constitutionally be punished under the statute for his speech.
3. Doe could constitutionally be punished under the statute for his speech, but only if one or more legislators were actually present when he delivered it
your home. they want to take away your hamburgers. " the comments about hamburgers are a common criticism of the deal by conservatives, who have gone on to criticize representative ocasio - cortez for allowing her chief of staff to eat a hamburger with her at a washington restaurant. on february 13, 2019, rep. mark walker ( r - nc ) released a parody video on his verified twitter account comparing the green new deal to the failed fyre festival, using the hashtag # gndisfyre. on march 14, 2019, rep. rob bishop, a republican representing utah's 1st congressional district, said that the legislation was " tantamount to genocide, " adding shortly afterward that his comment was " maybe an overstatement, but not by a lot. " during a fox business interview on august 13, 2020, president donald trump again voiced his opposition, declaring that adopting the green new deal would result in demolishing the empire state building and abolishing all animals. = = = = legislative outcome = = = = on march 26, in what democrats called a " stunt, " republicans called for an early vote on the resolution without allowing discussion or expert testimony. in protest, 42 democrats and one independent who caucuses with democrats voted " present " resulting in a 57 β 0 defeat on the senate floor. three democrats and one independent who caucuses with democrats voted against the bill, while the other votes were along party lines. = = = = 2020 presidential campaign = = = = howie hawkins, the green party's 2020 presidential candidate, ran on a green new deal platform calling for the u. s. to reach zero greenhouse emissions and 100 % clean energy by 2030. democratic party presidential candidate and president - elect joe biden has declined to endorse the full green new deal plan proposed by members of his party, but he has promised to increase generation of renewable energy, transition to more energy efficient buildings and increase fuel efficiency standards for automobiles. the joint policy proposals developed by the biden and sanders campaigns, which were released on july 8, 2020, do not include a green new deal. = = = the biden climate plan = = = in 2021, commentators noted that early climate - related executive actions by president biden, such as re - joining the paris agreement, have much in common with the 2019 gnd proposed by rep. ocasio - cortez and sen. markey. according to mike krancer, while he sees the biden plan for a clean
carrying firearms. concealed carry and open carry of a firearm is legal over the age of 16, with those below 16 requiring parental permission. vermont has a pro - sanctuary city law. the state is an alcoholic beverage control state. in 2007, through the vermont department of liquor control, it took in over $ 14 million from the sale and distribution of liquor. in 2013, vermont became the 17th state to decriminalize marijuana. the statute makes possession of less than an ounce of the drug punishable by a small fine, rather than arrest and possible jail time. in 2014, vermont became the first state to call for a constitutional convention to overturn the supreme court's decision in citizens united v. fec. in 2014, vermont became the first state to mandate labeling of genetically modified organisms in the retail food supply. a distinctive law of vermont is public nudity. the state's legislation calls for nudity in public to be a constitutional right of vermonters, so long as " lewd and lascivious " acts are not performed in public view, and that the nudist does not undress in the presence of others. one reason this law was implemented is to protect skinny - dippers who frequent swimming holes, a long - time tradition in the state. there are other restrictions and bylaws on the municipal level concerning problematic nudity, but walking in the nude is legally protected in all 251 towns and cities in vermont. in january 2018, governor phil scott opted to sign h. 511, the vermont marijuana legalization bill, which allows adults 21 and older to possess up to one ounce of marijuana and grow up to two mature plants starting july 1, 2018. = = = = federal politics = = = = historically, vermont was considered one of the most reliably republican states in the country in terms of national elections. from 1856 to 1988, vermont voted democratic only once, in lyndon b. johnson's landslide victory of 1964 against barry m. goldwater. it was also one of only two states β maine is the other β where franklin d. roosevelt was completely shut out in all four of his presidential bids. in the late 19th and early 20th centuries, republican presidential candidates frequently won the state with over 70 % of the vote. in the 1960s and 1970s, many people moved in from out of state. much of this immigration included the arrival of more liberal political influences of the urban areas of new york and the rest of new england in vermont. the brand of republicanism in vermont has historically been a moderate
been cut in half, to twenty - three gallons, and in 2021 the figure was down to just sixteen gallons of milk per person, or 5. 6 ounces a day... leading the... drop - off are members of generation z : people born after 1996... among the eco - conscious, antipathy toward dairy milk is great enough that some high - end coffee shops feel no obligation to offer it at all. " ( p. 36. ) dillon, john j. seven decades of milk, : a history of new york's dairy industry ( 1941 ) innis, harold a. ( 1937 ). the dairy industry in canada. kardashian, kirk. milk money : cash, cows, and the death of the american dairy farm ( 2012 ) kurlansky, mark. milk : a 10, 000 - year history ( 2019 ) ; also published as milk! : a 10, 000 - year food fracas ( 2019 ) mcgee, harold ( 2004 ). on food and cooking ( 2nd ed. ). new york : scribner. isbn 978 - 0 - 684 - 80001 - 1. prasad r ( 2017 ). " historical aspects of milk consumption in south, southeast, and east asia " ( pdf ). asian agricultural history. 21 ( 4 ) : 287 β 307. scherbaum v, srour ml ( 2018 ). " milk products in the dietary management of childhood undernutrition β a historical review " ( pdf ). nutrition research reviews. 31 ( 1 ) : 71 β 84. doi : 10. 1017 / s0954422417000208. pmid 29113618. s2cid 910669. archived from the original ( pdf ) on february 12, 2020. smith - howard, kendra. pure and modern milk : an environmental history since 1900. ( oxford university press ; 2013 ). valenze, deborah. milk : a local and global history ( yale university press, 2011 ) 368 pp. wiley, andrea. re - imagining milk : cultural and biological perspectives ( routledge, 2010 ) ( series for creative teaching and learning in anthropology )
of extensive, structural change in the 1870s and 1880s. urban demand began to grow, as consumer purchasing power increased and milk became regarded as a required daily commodity. over the last three decades of the 19th century, demand for milk in most parts of the country doubled or, in some cases, tripled. legislation in 1875 made the adulteration of milk illegal β this combined with a marketing campaign to change the image of milk. the proportion of rural imports by rail as a percentage of total milk consumption in london grew from under 5 % in the 1860s to over 96 % by the early 20th century. by that point, the supply system for milk was the most highly organized and integrated of any food product. milk was analyzed for infection with tuberculosis. in 1907 180 samples were tested in birmingham and 13. 3 % were found to be infected. the first glass bottle packaging for milk was used in the 1870s. the first company to do so may have been the new york dairy company in 1877. the express dairy company in england began glass bottle production in 1880. in 1884, hervey thatcher, an american inventor from new york, invented a glass milk bottle, called " thatcher's common sense milk jar, " which was sealed with a waxed paper disk. in 1932, plastic - coated paper milk cartons were introduced commercially. in 1863, french chemist and biologist louis pasteur invented pasteurization, a method of killing harmful bacteria in beverages and food products. he developed this method while on summer vacation in arbois, to remedy the frequent acidity of the local wines. he found out experimentally that it is sufficient to heat a young wine to only about 50 β 60 Β°c ( 122 β 140 Β°f ) for a brief time to kill the microbes, and that the wine could be nevertheless properly aged without sacrificing the final quality. in honor of pasteur, the process became known as " pasteurization ". pasteurization was originally used as a way of preventing wine and beer from souring. commercial pasteurizing equipment was produced in germany in the 1880s, and producers adopted the process in copenhagen and stockholm by 1885. = = sources = = all mammal species have females who can produce milk for some time after giving birth. cow milk dominates the amount of milk produced. in 2011, fao estimates 85 % of all milk worldwide was produced from cows. human milk is not produced or distributed industrially or commercially ; however, human milk banks collect donated human breastmilk and redistribute it to infants who may
by portraying knowledge of african american vernacular english to align themselves with these positive aspects of the stereotypes of african americans, as well as to identify themselves as being well - versed in ultra - hip trends that consumers have a desire to follow, and to suggest that their own products are hip. = = = politics = = = political communication has shown to be effective when a candidate is perceived to be an " everyday man ". using a non - standard language variety, colloquialisms, or expletives may thus have a positive effect through the perception of informality. when interacting with the public in light of upcoming elections, politicians tend to switch to colloquial speech in an effort to " fit in " with the local setting. for example, former president barack obama was seen a week before his first inauguration in a restaurant asking for " cheddah " cheese, addressing staff with " y'all " and using phrases like " we straight " to indicate that he didn't need change from the cashier. more recently, after donald trump's victory in the 2016 united states presidential election, it has been noted that more and more politicians are beginning to curse in public, using expletives and language that, in the past, has been reserved for discourse away from voters and the media. this is due to the covert prestige granted to this type of language, allowing politicians to come across more " authentic " despite conveying an angrier tone, helping them appeal to certain voters. = = see also = = = = references = =
Answer:
|
Doe could constitutionally be punished under the statute for his speech.
| 0.3 |
John Doe, the owner of a milk container manufacturing firm, sought to focus public attention on the milk packaging law of the State of Clinton in order to have it repealed. On a weekday at 12 noon, he delivered an excited, animated, and loud harangue on the steps of the State Capitol in front of the main entryway. An audience of 200 onlookers, who gathered on the steps, heckled him and laughed as he delivered his tirade. Doe repeatedly stated, gesturing expressively and making faces, that "the g ΒΒddamned milk packaging law is stupid," and that "I will strangle every one of those g ΒΒddamned legislators I can get hold of because this law they created proves they are all too dumb to live." After about 15 minutes, Doe stopped speaking, and the amused crowd dispersed. There are three relevant statutes of the State of Clinton. The first statute prohibits "all speech making, picketing, and public gatherings of every sort on the Capitol steps in front of the main entryway during the hours of 7:45 a.m. ΒΒ8:15 a.m., 11:45 a.m. ΒΒ12:15 p.m., 12:45 p.m. ΒΒ1:15 p.m., and 4:45 p.m. ΒΒ5:15 p.m. on Capitol working days.""A third state statute, enacted in 1880, makes criminal "the utterance in any public place of any blasphemy or sacrilege." Assume that there have been only a few recorded prosecutions under the 1880 statute. Doe is charged with violating its proscriptions. The charge is based wholly on the speech he delivered on the steps of the Clinton State Capitol. Which of the following constitutional defenses to this prosecution under the 1880 statute would be the LEAST likely to succeed?
0. This statute is vague and therefore violates the due process clause of the Fourteenth Amendment.
1. This statute is an establishment of religion and therefore violates the due process clause of the Fourteenth Amendment.
2. Application of this statute to Doe denies him equal protection of the laws in violation of the Fourteenth Amendment.
3. Application of this statute to Doe denies him freedom of speech in violation of the Fourteenth Amendment
your home. they want to take away your hamburgers. " the comments about hamburgers are a common criticism of the deal by conservatives, who have gone on to criticize representative ocasio - cortez for allowing her chief of staff to eat a hamburger with her at a washington restaurant. on february 13, 2019, rep. mark walker ( r - nc ) released a parody video on his verified twitter account comparing the green new deal to the failed fyre festival, using the hashtag # gndisfyre. on march 14, 2019, rep. rob bishop, a republican representing utah's 1st congressional district, said that the legislation was " tantamount to genocide, " adding shortly afterward that his comment was " maybe an overstatement, but not by a lot. " during a fox business interview on august 13, 2020, president donald trump again voiced his opposition, declaring that adopting the green new deal would result in demolishing the empire state building and abolishing all animals. = = = = legislative outcome = = = = on march 26, in what democrats called a " stunt, " republicans called for an early vote on the resolution without allowing discussion or expert testimony. in protest, 42 democrats and one independent who caucuses with democrats voted " present " resulting in a 57 β 0 defeat on the senate floor. three democrats and one independent who caucuses with democrats voted against the bill, while the other votes were along party lines. = = = = 2020 presidential campaign = = = = howie hawkins, the green party's 2020 presidential candidate, ran on a green new deal platform calling for the u. s. to reach zero greenhouse emissions and 100 % clean energy by 2030. democratic party presidential candidate and president - elect joe biden has declined to endorse the full green new deal plan proposed by members of his party, but he has promised to increase generation of renewable energy, transition to more energy efficient buildings and increase fuel efficiency standards for automobiles. the joint policy proposals developed by the biden and sanders campaigns, which were released on july 8, 2020, do not include a green new deal. = = = the biden climate plan = = = in 2021, commentators noted that early climate - related executive actions by president biden, such as re - joining the paris agreement, have much in common with the 2019 gnd proposed by rep. ocasio - cortez and sen. markey. according to mike krancer, while he sees the biden plan for a clean
carrying firearms. concealed carry and open carry of a firearm is legal over the age of 16, with those below 16 requiring parental permission. vermont has a pro - sanctuary city law. the state is an alcoholic beverage control state. in 2007, through the vermont department of liquor control, it took in over $ 14 million from the sale and distribution of liquor. in 2013, vermont became the 17th state to decriminalize marijuana. the statute makes possession of less than an ounce of the drug punishable by a small fine, rather than arrest and possible jail time. in 2014, vermont became the first state to call for a constitutional convention to overturn the supreme court's decision in citizens united v. fec. in 2014, vermont became the first state to mandate labeling of genetically modified organisms in the retail food supply. a distinctive law of vermont is public nudity. the state's legislation calls for nudity in public to be a constitutional right of vermonters, so long as " lewd and lascivious " acts are not performed in public view, and that the nudist does not undress in the presence of others. one reason this law was implemented is to protect skinny - dippers who frequent swimming holes, a long - time tradition in the state. there are other restrictions and bylaws on the municipal level concerning problematic nudity, but walking in the nude is legally protected in all 251 towns and cities in vermont. in january 2018, governor phil scott opted to sign h. 511, the vermont marijuana legalization bill, which allows adults 21 and older to possess up to one ounce of marijuana and grow up to two mature plants starting july 1, 2018. = = = = federal politics = = = = historically, vermont was considered one of the most reliably republican states in the country in terms of national elections. from 1856 to 1988, vermont voted democratic only once, in lyndon b. johnson's landslide victory of 1964 against barry m. goldwater. it was also one of only two states β maine is the other β where franklin d. roosevelt was completely shut out in all four of his presidential bids. in the late 19th and early 20th centuries, republican presidential candidates frequently won the state with over 70 % of the vote. in the 1960s and 1970s, many people moved in from out of state. much of this immigration included the arrival of more liberal political influences of the urban areas of new york and the rest of new england in vermont. the brand of republicanism in vermont has historically been a moderate
been cut in half, to twenty - three gallons, and in 2021 the figure was down to just sixteen gallons of milk per person, or 5. 6 ounces a day... leading the... drop - off are members of generation z : people born after 1996... among the eco - conscious, antipathy toward dairy milk is great enough that some high - end coffee shops feel no obligation to offer it at all. " ( p. 36. ) dillon, john j. seven decades of milk, : a history of new york's dairy industry ( 1941 ) innis, harold a. ( 1937 ). the dairy industry in canada. kardashian, kirk. milk money : cash, cows, and the death of the american dairy farm ( 2012 ) kurlansky, mark. milk : a 10, 000 - year history ( 2019 ) ; also published as milk! : a 10, 000 - year food fracas ( 2019 ) mcgee, harold ( 2004 ). on food and cooking ( 2nd ed. ). new york : scribner. isbn 978 - 0 - 684 - 80001 - 1. prasad r ( 2017 ). " historical aspects of milk consumption in south, southeast, and east asia " ( pdf ). asian agricultural history. 21 ( 4 ) : 287 β 307. scherbaum v, srour ml ( 2018 ). " milk products in the dietary management of childhood undernutrition β a historical review " ( pdf ). nutrition research reviews. 31 ( 1 ) : 71 β 84. doi : 10. 1017 / s0954422417000208. pmid 29113618. s2cid 910669. archived from the original ( pdf ) on february 12, 2020. smith - howard, kendra. pure and modern milk : an environmental history since 1900. ( oxford university press ; 2013 ). valenze, deborah. milk : a local and global history ( yale university press, 2011 ) 368 pp. wiley, andrea. re - imagining milk : cultural and biological perspectives ( routledge, 2010 ) ( series for creative teaching and learning in anthropology )
of extensive, structural change in the 1870s and 1880s. urban demand began to grow, as consumer purchasing power increased and milk became regarded as a required daily commodity. over the last three decades of the 19th century, demand for milk in most parts of the country doubled or, in some cases, tripled. legislation in 1875 made the adulteration of milk illegal β this combined with a marketing campaign to change the image of milk. the proportion of rural imports by rail as a percentage of total milk consumption in london grew from under 5 % in the 1860s to over 96 % by the early 20th century. by that point, the supply system for milk was the most highly organized and integrated of any food product. milk was analyzed for infection with tuberculosis. in 1907 180 samples were tested in birmingham and 13. 3 % were found to be infected. the first glass bottle packaging for milk was used in the 1870s. the first company to do so may have been the new york dairy company in 1877. the express dairy company in england began glass bottle production in 1880. in 1884, hervey thatcher, an american inventor from new york, invented a glass milk bottle, called " thatcher's common sense milk jar, " which was sealed with a waxed paper disk. in 1932, plastic - coated paper milk cartons were introduced commercially. in 1863, french chemist and biologist louis pasteur invented pasteurization, a method of killing harmful bacteria in beverages and food products. he developed this method while on summer vacation in arbois, to remedy the frequent acidity of the local wines. he found out experimentally that it is sufficient to heat a young wine to only about 50 β 60 Β°c ( 122 β 140 Β°f ) for a brief time to kill the microbes, and that the wine could be nevertheless properly aged without sacrificing the final quality. in honor of pasteur, the process became known as " pasteurization ". pasteurization was originally used as a way of preventing wine and beer from souring. commercial pasteurizing equipment was produced in germany in the 1880s, and producers adopted the process in copenhagen and stockholm by 1885. = = sources = = all mammal species have females who can produce milk for some time after giving birth. cow milk dominates the amount of milk produced. in 2011, fao estimates 85 % of all milk worldwide was produced from cows. human milk is not produced or distributed industrially or commercially ; however, human milk banks collect donated human breastmilk and redistribute it to infants who may
by portraying knowledge of african american vernacular english to align themselves with these positive aspects of the stereotypes of african americans, as well as to identify themselves as being well - versed in ultra - hip trends that consumers have a desire to follow, and to suggest that their own products are hip. = = = politics = = = political communication has shown to be effective when a candidate is perceived to be an " everyday man ". using a non - standard language variety, colloquialisms, or expletives may thus have a positive effect through the perception of informality. when interacting with the public in light of upcoming elections, politicians tend to switch to colloquial speech in an effort to " fit in " with the local setting. for example, former president barack obama was seen a week before his first inauguration in a restaurant asking for " cheddah " cheese, addressing staff with " y'all " and using phrases like " we straight " to indicate that he didn't need change from the cashier. more recently, after donald trump's victory in the 2016 united states presidential election, it has been noted that more and more politicians are beginning to curse in public, using expletives and language that, in the past, has been reserved for discourse away from voters and the media. this is due to the covert prestige granted to this type of language, allowing politicians to come across more " authentic " despite conveying an angrier tone, helping them appeal to certain voters. = = see also = = = = references = =
Answer:
|
Application of this statute to Doe denies him equal protection of the laws in violation of the Fourteenth Amendment.
| null |
John Doe, the owner of a milk container manufacturing firm, sought to focus public attention on the milk packaging law of the State of Clinton in order to have it repealed. On a weekday at 12 noon, he delivered an excited, animated, and loud harangue on the steps of the State Capitol in front of the main entryway. An audience of 200 onlookers, who gathered on the steps, heckled him and laughed as he delivered his tirade. Doe repeatedly stated, gesturing expressively and making faces, that "the g ΒΒddamned milk packaging law is stupid," and that "I will strangle every one of those g ΒΒddamned legislators I can get hold of because this law they created proves they are all too dumb to live." After about 15 minutes, Doe stopped speaking, and the amused crowd dispersed. There are three relevant statutes of the State of Clinton. The first statute prohibits "all speech making, picketing, and public gatherings of every sort on the Capitol steps in front of the main entryway during the hours of 7:45 a.m. ΒΒ8:15 a.m., 11:45 a.m. ΒΒ12:15 p.m., 12:45 p.m. ΒΒ1:15 p.m., and 4:45 p.m. ΒΒ5:15 p.m. on Capitol working days.""A third state statute, enacted in 1880, makes criminal "the utterance in any public place of any blasphemy or sacrilege." Assume that there have been only a few recorded prosecutions under the 1880 statute. Doe is charged with violating its proscriptions. The charge is based wholly on the speech he delivered on the steps of the Clinton State Capitol. Which of the following constitutional defenses to this prosecution under the 1880 statute would be the LEAST likely to succeed?
0. This statute is vague and therefore violates the due process clause of the Fourteenth Amendment.
1. This statute is an establishment of religion and therefore violates the due process clause of the Fourteenth Amendment.
2. Application of this statute to Doe denies him equal protection of the laws in violation of the Fourteenth Amendment.
3. Application of this statute to Doe denies him freedom of speech in violation of the Fourteenth Amendment
your home. they want to take away your hamburgers. " the comments about hamburgers are a common criticism of the deal by conservatives, who have gone on to criticize representative ocasio - cortez for allowing her chief of staff to eat a hamburger with her at a washington restaurant. on february 13, 2019, rep. mark walker ( r - nc ) released a parody video on his verified twitter account comparing the green new deal to the failed fyre festival, using the hashtag # gndisfyre. on march 14, 2019, rep. rob bishop, a republican representing utah's 1st congressional district, said that the legislation was " tantamount to genocide, " adding shortly afterward that his comment was " maybe an overstatement, but not by a lot. " during a fox business interview on august 13, 2020, president donald trump again voiced his opposition, declaring that adopting the green new deal would result in demolishing the empire state building and abolishing all animals. = = = = legislative outcome = = = = on march 26, in what democrats called a " stunt, " republicans called for an early vote on the resolution without allowing discussion or expert testimony. in protest, 42 democrats and one independent who caucuses with democrats voted " present " resulting in a 57 β 0 defeat on the senate floor. three democrats and one independent who caucuses with democrats voted against the bill, while the other votes were along party lines. = = = = 2020 presidential campaign = = = = howie hawkins, the green party's 2020 presidential candidate, ran on a green new deal platform calling for the u. s. to reach zero greenhouse emissions and 100 % clean energy by 2030. democratic party presidential candidate and president - elect joe biden has declined to endorse the full green new deal plan proposed by members of his party, but he has promised to increase generation of renewable energy, transition to more energy efficient buildings and increase fuel efficiency standards for automobiles. the joint policy proposals developed by the biden and sanders campaigns, which were released on july 8, 2020, do not include a green new deal. = = = the biden climate plan = = = in 2021, commentators noted that early climate - related executive actions by president biden, such as re - joining the paris agreement, have much in common with the 2019 gnd proposed by rep. ocasio - cortez and sen. markey. according to mike krancer, while he sees the biden plan for a clean
carrying firearms. concealed carry and open carry of a firearm is legal over the age of 16, with those below 16 requiring parental permission. vermont has a pro - sanctuary city law. the state is an alcoholic beverage control state. in 2007, through the vermont department of liquor control, it took in over $ 14 million from the sale and distribution of liquor. in 2013, vermont became the 17th state to decriminalize marijuana. the statute makes possession of less than an ounce of the drug punishable by a small fine, rather than arrest and possible jail time. in 2014, vermont became the first state to call for a constitutional convention to overturn the supreme court's decision in citizens united v. fec. in 2014, vermont became the first state to mandate labeling of genetically modified organisms in the retail food supply. a distinctive law of vermont is public nudity. the state's legislation calls for nudity in public to be a constitutional right of vermonters, so long as " lewd and lascivious " acts are not performed in public view, and that the nudist does not undress in the presence of others. one reason this law was implemented is to protect skinny - dippers who frequent swimming holes, a long - time tradition in the state. there are other restrictions and bylaws on the municipal level concerning problematic nudity, but walking in the nude is legally protected in all 251 towns and cities in vermont. in january 2018, governor phil scott opted to sign h. 511, the vermont marijuana legalization bill, which allows adults 21 and older to possess up to one ounce of marijuana and grow up to two mature plants starting july 1, 2018. = = = = federal politics = = = = historically, vermont was considered one of the most reliably republican states in the country in terms of national elections. from 1856 to 1988, vermont voted democratic only once, in lyndon b. johnson's landslide victory of 1964 against barry m. goldwater. it was also one of only two states β maine is the other β where franklin d. roosevelt was completely shut out in all four of his presidential bids. in the late 19th and early 20th centuries, republican presidential candidates frequently won the state with over 70 % of the vote. in the 1960s and 1970s, many people moved in from out of state. much of this immigration included the arrival of more liberal political influences of the urban areas of new york and the rest of new england in vermont. the brand of republicanism in vermont has historically been a moderate
been cut in half, to twenty - three gallons, and in 2021 the figure was down to just sixteen gallons of milk per person, or 5. 6 ounces a day... leading the... drop - off are members of generation z : people born after 1996... among the eco - conscious, antipathy toward dairy milk is great enough that some high - end coffee shops feel no obligation to offer it at all. " ( p. 36. ) dillon, john j. seven decades of milk, : a history of new york's dairy industry ( 1941 ) innis, harold a. ( 1937 ). the dairy industry in canada. kardashian, kirk. milk money : cash, cows, and the death of the american dairy farm ( 2012 ) kurlansky, mark. milk : a 10, 000 - year history ( 2019 ) ; also published as milk! : a 10, 000 - year food fracas ( 2019 ) mcgee, harold ( 2004 ). on food and cooking ( 2nd ed. ). new york : scribner. isbn 978 - 0 - 684 - 80001 - 1. prasad r ( 2017 ). " historical aspects of milk consumption in south, southeast, and east asia " ( pdf ). asian agricultural history. 21 ( 4 ) : 287 β 307. scherbaum v, srour ml ( 2018 ). " milk products in the dietary management of childhood undernutrition β a historical review " ( pdf ). nutrition research reviews. 31 ( 1 ) : 71 β 84. doi : 10. 1017 / s0954422417000208. pmid 29113618. s2cid 910669. archived from the original ( pdf ) on february 12, 2020. smith - howard, kendra. pure and modern milk : an environmental history since 1900. ( oxford university press ; 2013 ). valenze, deborah. milk : a local and global history ( yale university press, 2011 ) 368 pp. wiley, andrea. re - imagining milk : cultural and biological perspectives ( routledge, 2010 ) ( series for creative teaching and learning in anthropology )
of extensive, structural change in the 1870s and 1880s. urban demand began to grow, as consumer purchasing power increased and milk became regarded as a required daily commodity. over the last three decades of the 19th century, demand for milk in most parts of the country doubled or, in some cases, tripled. legislation in 1875 made the adulteration of milk illegal β this combined with a marketing campaign to change the image of milk. the proportion of rural imports by rail as a percentage of total milk consumption in london grew from under 5 % in the 1860s to over 96 % by the early 20th century. by that point, the supply system for milk was the most highly organized and integrated of any food product. milk was analyzed for infection with tuberculosis. in 1907 180 samples were tested in birmingham and 13. 3 % were found to be infected. the first glass bottle packaging for milk was used in the 1870s. the first company to do so may have been the new york dairy company in 1877. the express dairy company in england began glass bottle production in 1880. in 1884, hervey thatcher, an american inventor from new york, invented a glass milk bottle, called " thatcher's common sense milk jar, " which was sealed with a waxed paper disk. in 1932, plastic - coated paper milk cartons were introduced commercially. in 1863, french chemist and biologist louis pasteur invented pasteurization, a method of killing harmful bacteria in beverages and food products. he developed this method while on summer vacation in arbois, to remedy the frequent acidity of the local wines. he found out experimentally that it is sufficient to heat a young wine to only about 50 β 60 Β°c ( 122 β 140 Β°f ) for a brief time to kill the microbes, and that the wine could be nevertheless properly aged without sacrificing the final quality. in honor of pasteur, the process became known as " pasteurization ". pasteurization was originally used as a way of preventing wine and beer from souring. commercial pasteurizing equipment was produced in germany in the 1880s, and producers adopted the process in copenhagen and stockholm by 1885. = = sources = = all mammal species have females who can produce milk for some time after giving birth. cow milk dominates the amount of milk produced. in 2011, fao estimates 85 % of all milk worldwide was produced from cows. human milk is not produced or distributed industrially or commercially ; however, human milk banks collect donated human breastmilk and redistribute it to infants who may
by portraying knowledge of african american vernacular english to align themselves with these positive aspects of the stereotypes of african americans, as well as to identify themselves as being well - versed in ultra - hip trends that consumers have a desire to follow, and to suggest that their own products are hip. = = = politics = = = political communication has shown to be effective when a candidate is perceived to be an " everyday man ". using a non - standard language variety, colloquialisms, or expletives may thus have a positive effect through the perception of informality. when interacting with the public in light of upcoming elections, politicians tend to switch to colloquial speech in an effort to " fit in " with the local setting. for example, former president barack obama was seen a week before his first inauguration in a restaurant asking for " cheddah " cheese, addressing staff with " y'all " and using phrases like " we straight " to indicate that he didn't need change from the cashier. more recently, after donald trump's victory in the 2016 united states presidential election, it has been noted that more and more politicians are beginning to curse in public, using expletives and language that, in the past, has been reserved for discourse away from voters and the media. this is due to the covert prestige granted to this type of language, allowing politicians to come across more " authentic " despite conveying an angrier tone, helping them appeal to certain voters. = = see also = = = = references = =
Answer:
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This statute is an establishment of religion and therefore violates the due process clause of the Fourteenth Amendment.
| 0.3 |
Peri sued Denucci for a libelous letter received by Investigator. The authenticity and contents of the letter are disputed.Peri's attorney asks Investigator to testify that, a week before receiving the libelous letter, he had written to Denucci inquiring about Peri. The testimony is
0. admissible provided that this inquiry was made in the regular course of Investigator's business.
1. admissible without production of the inquiry letter or the showing of its unavailability.
2. inadmissible unless Peri's attorney has given Denucci notice of Investigator's intended testimony.
3. inadmissible unless the inquiry letter itself is shown to be unavailable.
notice " by information design specialist edward tufte. in print, it can have the form of a disclaimer ; for example, slate magazine suggested that the white house used the phrase " it is important not to read too much into any one monthly report " as a disclaimer on reports, and this was described as a cya activity. the term has been applied in the medical profession to describe doctors who prescribe unnecessary medical tests for patients, to protect themselves against possible future lawsuits. the term has been used to describe a cultural tendency which works against accountability and risk - taking, such as in a war effort when generals engage in much cover your ass activity which avoids taking real responsibility. in regards to congressional impeachment hearings into president donald trump's talks with ambassador gordon sondland, on october 16, 2019, member of congress jackie speier ( d - calif. ) told reporters that she was not sure whether lawmakers can trust sondland's testimony to the house, saying his opening statement was " a lot of cya. " in an op - ed's inferred example regarding trump's speech prior to the 2021 storming of the united states capitol, the washington post columnist dana milbank juxtaposed two of trump's statements as evidence : " you'll never take back our country with weakness, you have to show strength and you have to be strong, " he admonished them, with cya instructions to make themselves heard " peacefully and patriotically. " in cambodia, under the khmer rouge, the government never had any idea how much food was actually being grown, because local bureaucrats " covered their asses ", and lied to make themselves look good and avoid getting shot. consequently, starvation was rampant. = = see also = = due diligence mistakes were made plausible deniability principal β agent problem = = footnotes = =
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, β uniqueness is overshadowed by the conditions for observations β. 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 β 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
accept neuroimaging data as permissible evidence, with some exceptions. india has allowed beos tests as legal evidence, and an italian court of appeals used neuroimaging evidence in a 2009 case, being the first european court to do so. canadian and us courts have been more cautious in permitting neuroimaging data as legal evidence. one of the reasons legal systems have been slow to adopt neuroimaging data as an accepted form of evidence is the possible error and misinterpretations that could result from such a new technology ; courts in the us typically follow the daubert standard set for evidence evaluation by the daubert v. merrell dow pharmaceuticals, inc. supreme court case, which established that the validity of scientific evidence must be determined by the trial judge. the daubert standard serves as a safeguard for the reliability of scientific evidence, and requires a significant amount of testing for any neuroimaging technique to be considered for it to be considered as evidence. while brain fingerprinting was technically accepted in the harrington v. iowa case, the judge specifically stated that the eeg evidence was not to be presented to a jury and so the evidence did not set a significant precedent. = = = surveillance and security = = = neurological surveillance is relevant to governmental, corporate, academic and technological entities, as the improvement of technology increases the amount of information that can be extrapolated from neuroimaging. surveillance with current neuroimaging technology is considered difficult, given how fmri data is difficult to collect and interpret even in laboratory settings ; fmri studies generally require subjects to be motionless and cooperative. however, as technology improves it may be possible to overcome these requirements. hypothetically, there are benefits in using neuroscience in the context of surveillance and security. however, there is debate over whether doing so would violate neuroprivacy to an unacceptable extent. = = = neuromarketing = = = neurodata is valuable to advertising and marketing entities by its potential to identify how and why people react to different stimuli in order to better influence consumers. this ability to examine reactions and perceptions from the brain directly creates new ethical debates, such as how to define the acceptable limits of mental manipulation and how to avoid targeting vulnerable / receptive demographics. in a sense, these could be seen as not necessarily brand new debates but rather added dimensions to previously existing discussions. = = controversy and debate = = = = = scientific arguments = = = the main scientific arguments regarding neuroprivacy mainly rev
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
Answer:
|
admissible without production of the inquiry letter or the showing of its unavailability.
| null |
Peri sued Denucci for a libelous letter received by Investigator. The authenticity and contents of the letter are disputed.Peri's attorney asks Investigator to testify that, a week before receiving the libelous letter, he had written to Denucci inquiring about Peri. The testimony is
0. admissible provided that this inquiry was made in the regular course of Investigator's business.
1. admissible without production of the inquiry letter or the showing of its unavailability.
2. inadmissible unless Peri's attorney has given Denucci notice of Investigator's intended testimony.
3. inadmissible unless the inquiry letter itself is shown to be unavailable.
notice " by information design specialist edward tufte. in print, it can have the form of a disclaimer ; for example, slate magazine suggested that the white house used the phrase " it is important not to read too much into any one monthly report " as a disclaimer on reports, and this was described as a cya activity. the term has been applied in the medical profession to describe doctors who prescribe unnecessary medical tests for patients, to protect themselves against possible future lawsuits. the term has been used to describe a cultural tendency which works against accountability and risk - taking, such as in a war effort when generals engage in much cover your ass activity which avoids taking real responsibility. in regards to congressional impeachment hearings into president donald trump's talks with ambassador gordon sondland, on october 16, 2019, member of congress jackie speier ( d - calif. ) told reporters that she was not sure whether lawmakers can trust sondland's testimony to the house, saying his opening statement was " a lot of cya. " in an op - ed's inferred example regarding trump's speech prior to the 2021 storming of the united states capitol, the washington post columnist dana milbank juxtaposed two of trump's statements as evidence : " you'll never take back our country with weakness, you have to show strength and you have to be strong, " he admonished them, with cya instructions to make themselves heard " peacefully and patriotically. " in cambodia, under the khmer rouge, the government never had any idea how much food was actually being grown, because local bureaucrats " covered their asses ", and lied to make themselves look good and avoid getting shot. consequently, starvation was rampant. = = see also = = due diligence mistakes were made plausible deniability principal β agent problem = = footnotes = =
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, β uniqueness is overshadowed by the conditions for observations β. 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 β 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
accept neuroimaging data as permissible evidence, with some exceptions. india has allowed beos tests as legal evidence, and an italian court of appeals used neuroimaging evidence in a 2009 case, being the first european court to do so. canadian and us courts have been more cautious in permitting neuroimaging data as legal evidence. one of the reasons legal systems have been slow to adopt neuroimaging data as an accepted form of evidence is the possible error and misinterpretations that could result from such a new technology ; courts in the us typically follow the daubert standard set for evidence evaluation by the daubert v. merrell dow pharmaceuticals, inc. supreme court case, which established that the validity of scientific evidence must be determined by the trial judge. the daubert standard serves as a safeguard for the reliability of scientific evidence, and requires a significant amount of testing for any neuroimaging technique to be considered for it to be considered as evidence. while brain fingerprinting was technically accepted in the harrington v. iowa case, the judge specifically stated that the eeg evidence was not to be presented to a jury and so the evidence did not set a significant precedent. = = = surveillance and security = = = neurological surveillance is relevant to governmental, corporate, academic and technological entities, as the improvement of technology increases the amount of information that can be extrapolated from neuroimaging. surveillance with current neuroimaging technology is considered difficult, given how fmri data is difficult to collect and interpret even in laboratory settings ; fmri studies generally require subjects to be motionless and cooperative. however, as technology improves it may be possible to overcome these requirements. hypothetically, there are benefits in using neuroscience in the context of surveillance and security. however, there is debate over whether doing so would violate neuroprivacy to an unacceptable extent. = = = neuromarketing = = = neurodata is valuable to advertising and marketing entities by its potential to identify how and why people react to different stimuli in order to better influence consumers. this ability to examine reactions and perceptions from the brain directly creates new ethical debates, such as how to define the acceptable limits of mental manipulation and how to avoid targeting vulnerable / receptive demographics. in a sense, these could be seen as not necessarily brand new debates but rather added dimensions to previously existing discussions. = = controversy and debate = = = = = scientific arguments = = = the main scientific arguments regarding neuroprivacy mainly rev
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
Answer:
|
inadmissible unless the inquiry letter itself is shown to be unavailable.
| 0.3 |
Peri sued Denucci for a libelous letter received by Investigator. The authenticity and contents of the letter are disputed.Investigator, if permitted, will testify that "I received a letter that I cannot now find, which read: ΒΒDear Investigator, You inquired about Peri. We fired him last month when we discovered that he had been stealing from the stockroom. Denucci'." The testimony should be admitted in evidence only if the
0. jury finds that Investigator has quoted the letter precisely.
1. jury is satisfied that the original letter is unavailable.
2. judge is satisfied that Investigator has quoted the letter precisely.
3. judge finds that the original letter is unavailable
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, β uniqueness is overshadowed by the conditions for observations β. 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 β 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
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
notice " by information design specialist edward tufte. in print, it can have the form of a disclaimer ; for example, slate magazine suggested that the white house used the phrase " it is important not to read too much into any one monthly report " as a disclaimer on reports, and this was described as a cya activity. the term has been applied in the medical profession to describe doctors who prescribe unnecessary medical tests for patients, to protect themselves against possible future lawsuits. the term has been used to describe a cultural tendency which works against accountability and risk - taking, such as in a war effort when generals engage in much cover your ass activity which avoids taking real responsibility. in regards to congressional impeachment hearings into president donald trump's talks with ambassador gordon sondland, on october 16, 2019, member of congress jackie speier ( d - calif. ) told reporters that she was not sure whether lawmakers can trust sondland's testimony to the house, saying his opening statement was " a lot of cya. " in an op - ed's inferred example regarding trump's speech prior to the 2021 storming of the united states capitol, the washington post columnist dana milbank juxtaposed two of trump's statements as evidence : " you'll never take back our country with weakness, you have to show strength and you have to be strong, " he admonished them, with cya instructions to make themselves heard " peacefully and patriotically. " in cambodia, under the khmer rouge, the government never had any idea how much food was actually being grown, because local bureaucrats " covered their asses ", and lied to make themselves look good and avoid getting shot. consequently, starvation was rampant. = = see also = = due diligence mistakes were made plausible deniability principal β agent problem = = footnotes = =
accept neuroimaging data as permissible evidence, with some exceptions. india has allowed beos tests as legal evidence, and an italian court of appeals used neuroimaging evidence in a 2009 case, being the first european court to do so. canadian and us courts have been more cautious in permitting neuroimaging data as legal evidence. one of the reasons legal systems have been slow to adopt neuroimaging data as an accepted form of evidence is the possible error and misinterpretations that could result from such a new technology ; courts in the us typically follow the daubert standard set for evidence evaluation by the daubert v. merrell dow pharmaceuticals, inc. supreme court case, which established that the validity of scientific evidence must be determined by the trial judge. the daubert standard serves as a safeguard for the reliability of scientific evidence, and requires a significant amount of testing for any neuroimaging technique to be considered for it to be considered as evidence. while brain fingerprinting was technically accepted in the harrington v. iowa case, the judge specifically stated that the eeg evidence was not to be presented to a jury and so the evidence did not set a significant precedent. = = = surveillance and security = = = neurological surveillance is relevant to governmental, corporate, academic and technological entities, as the improvement of technology increases the amount of information that can be extrapolated from neuroimaging. surveillance with current neuroimaging technology is considered difficult, given how fmri data is difficult to collect and interpret even in laboratory settings ; fmri studies generally require subjects to be motionless and cooperative. however, as technology improves it may be possible to overcome these requirements. hypothetically, there are benefits in using neuroscience in the context of surveillance and security. however, there is debate over whether doing so would violate neuroprivacy to an unacceptable extent. = = = neuromarketing = = = neurodata is valuable to advertising and marketing entities by its potential to identify how and why people react to different stimuli in order to better influence consumers. this ability to examine reactions and perceptions from the brain directly creates new ethical debates, such as how to define the acceptable limits of mental manipulation and how to avoid targeting vulnerable / receptive demographics. in a sense, these could be seen as not necessarily brand new debates but rather added dimensions to previously existing discussions. = = controversy and debate = = = = = scientific arguments = = = the main scientific arguments regarding neuroprivacy mainly rev
that pressler & pressler, " one of the biggest in the collection industry ", used the " online database called anywho to hunt for debtors ". they then summoned all those with the same name to court. judge dear called for a sanctions hearing, a formal process of penalizing pressler & pressler, for suing the wrong man without confirming the man's claims about his social security number and date of birth. judge dear also called for compensation for lost wages for the man wrongfully summoned and accused. in cases where the wrongfully accused does not respond to the debt collector's " civil court summons β even if wrongly identified β faces a default judgment and frozen bank accounts ". until judge dear's case, there were " few penalties against collectors for dragging the wrong people into court ". in april 2016, pressler and pressler's two principal partners, sheldon h. pressler and gerard j. felt and " new century financial services, inc., a debt buyer ", were ordered by the consumer financial protection bureau ( cfpb ) " to stop churning out unfair and deceptive debt collection lawsuits based on flimsy or nonexistent evidence ". they were also barred from " illegal practices that can deceive or intimidate consumers, such as filing lawsuits without determining if debts in question are valid ". the law firm, the partners themselves and the debt buyer were ordered to pay a total of $ 2. 5 million in fines to the cfpb's civil penalty fund. the respondents " violated the fair debt collection practices act and the dodd β frank wall street reform and consumer protection act, which prohibits unfair and deceptive acts or practices in the consumer financial marketplace ". = = = student loans = = = on may 28, 2015, three defendants β navient solutions inc. ( formerly known as sallie mae, inc. ), and navient de corporation ( formerly known as slm de corporation ), and sallie mae bank β were charged with violating the service members civil relief act ( scra ) from 2005 through 2015 by " failing to provide members of the military the 6 percent interest rate cap to which they were entitled for loans that were incurred before the military service began ". the defendants had to pay $ 60 million in compensation to the nearly 78, 000 military service members " who were forced to pay more for their student loans than is required under the scra ". navient was fined $ 55, 000 as a civil penalty pay
Answer:
|
judge finds that the original letter is unavailable
| null |
Peri sued Denucci for a libelous letter received by Investigator. The authenticity and contents of the letter are disputed.Investigator, if permitted, will testify that "I received a letter that I cannot now find, which read: ΒΒDear Investigator, You inquired about Peri. We fired him last month when we discovered that he had been stealing from the stockroom. Denucci'." The testimony should be admitted in evidence only if the
0. jury finds that Investigator has quoted the letter precisely.
1. jury is satisfied that the original letter is unavailable.
2. judge is satisfied that Investigator has quoted the letter precisely.
3. judge finds that the original letter is unavailable
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, β uniqueness is overshadowed by the conditions for observations β. 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 β 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
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
notice " by information design specialist edward tufte. in print, it can have the form of a disclaimer ; for example, slate magazine suggested that the white house used the phrase " it is important not to read too much into any one monthly report " as a disclaimer on reports, and this was described as a cya activity. the term has been applied in the medical profession to describe doctors who prescribe unnecessary medical tests for patients, to protect themselves against possible future lawsuits. the term has been used to describe a cultural tendency which works against accountability and risk - taking, such as in a war effort when generals engage in much cover your ass activity which avoids taking real responsibility. in regards to congressional impeachment hearings into president donald trump's talks with ambassador gordon sondland, on october 16, 2019, member of congress jackie speier ( d - calif. ) told reporters that she was not sure whether lawmakers can trust sondland's testimony to the house, saying his opening statement was " a lot of cya. " in an op - ed's inferred example regarding trump's speech prior to the 2021 storming of the united states capitol, the washington post columnist dana milbank juxtaposed two of trump's statements as evidence : " you'll never take back our country with weakness, you have to show strength and you have to be strong, " he admonished them, with cya instructions to make themselves heard " peacefully and patriotically. " in cambodia, under the khmer rouge, the government never had any idea how much food was actually being grown, because local bureaucrats " covered their asses ", and lied to make themselves look good and avoid getting shot. consequently, starvation was rampant. = = see also = = due diligence mistakes were made plausible deniability principal β agent problem = = footnotes = =
accept neuroimaging data as permissible evidence, with some exceptions. india has allowed beos tests as legal evidence, and an italian court of appeals used neuroimaging evidence in a 2009 case, being the first european court to do so. canadian and us courts have been more cautious in permitting neuroimaging data as legal evidence. one of the reasons legal systems have been slow to adopt neuroimaging data as an accepted form of evidence is the possible error and misinterpretations that could result from such a new technology ; courts in the us typically follow the daubert standard set for evidence evaluation by the daubert v. merrell dow pharmaceuticals, inc. supreme court case, which established that the validity of scientific evidence must be determined by the trial judge. the daubert standard serves as a safeguard for the reliability of scientific evidence, and requires a significant amount of testing for any neuroimaging technique to be considered for it to be considered as evidence. while brain fingerprinting was technically accepted in the harrington v. iowa case, the judge specifically stated that the eeg evidence was not to be presented to a jury and so the evidence did not set a significant precedent. = = = surveillance and security = = = neurological surveillance is relevant to governmental, corporate, academic and technological entities, as the improvement of technology increases the amount of information that can be extrapolated from neuroimaging. surveillance with current neuroimaging technology is considered difficult, given how fmri data is difficult to collect and interpret even in laboratory settings ; fmri studies generally require subjects to be motionless and cooperative. however, as technology improves it may be possible to overcome these requirements. hypothetically, there are benefits in using neuroscience in the context of surveillance and security. however, there is debate over whether doing so would violate neuroprivacy to an unacceptable extent. = = = neuromarketing = = = neurodata is valuable to advertising and marketing entities by its potential to identify how and why people react to different stimuli in order to better influence consumers. this ability to examine reactions and perceptions from the brain directly creates new ethical debates, such as how to define the acceptable limits of mental manipulation and how to avoid targeting vulnerable / receptive demographics. in a sense, these could be seen as not necessarily brand new debates but rather added dimensions to previously existing discussions. = = controversy and debate = = = = = scientific arguments = = = the main scientific arguments regarding neuroprivacy mainly rev
that pressler & pressler, " one of the biggest in the collection industry ", used the " online database called anywho to hunt for debtors ". they then summoned all those with the same name to court. judge dear called for a sanctions hearing, a formal process of penalizing pressler & pressler, for suing the wrong man without confirming the man's claims about his social security number and date of birth. judge dear also called for compensation for lost wages for the man wrongfully summoned and accused. in cases where the wrongfully accused does not respond to the debt collector's " civil court summons β even if wrongly identified β faces a default judgment and frozen bank accounts ". until judge dear's case, there were " few penalties against collectors for dragging the wrong people into court ". in april 2016, pressler and pressler's two principal partners, sheldon h. pressler and gerard j. felt and " new century financial services, inc., a debt buyer ", were ordered by the consumer financial protection bureau ( cfpb ) " to stop churning out unfair and deceptive debt collection lawsuits based on flimsy or nonexistent evidence ". they were also barred from " illegal practices that can deceive or intimidate consumers, such as filing lawsuits without determining if debts in question are valid ". the law firm, the partners themselves and the debt buyer were ordered to pay a total of $ 2. 5 million in fines to the cfpb's civil penalty fund. the respondents " violated the fair debt collection practices act and the dodd β frank wall street reform and consumer protection act, which prohibits unfair and deceptive acts or practices in the consumer financial marketplace ". = = = student loans = = = on may 28, 2015, three defendants β navient solutions inc. ( formerly known as sallie mae, inc. ), and navient de corporation ( formerly known as slm de corporation ), and sallie mae bank β were charged with violating the service members civil relief act ( scra ) from 2005 through 2015 by " failing to provide members of the military the 6 percent interest rate cap to which they were entitled for loans that were incurred before the military service began ". the defendants had to pay $ 60 million in compensation to the nearly 78, 000 military service members " who were forced to pay more for their student loans than is required under the scra ". navient was fined $ 55, 000 as a civil penalty pay
Answer:
|
jury is satisfied that the original letter is unavailable.
| 0.3 |
Photo, a freelance photographer, took a picture of Player in front of Shoe Store. Player was a nationally known amateur basketball star who had received much publicity in the press. At the time, the window display in Shoe Store featured "Jumpers," a well-known make of basketball shoes. Photo sold the picture, greatly enlarged, to Shoe Store and told Shoe Store that Photo had Player's approval to do so and that Player had consented to Shoe Store's showing the enlarged picture in the window. Shoe Store made no effort to ascertain whether Player had given his consent to Photo. In fact, Player did not even know that Photo had taken the picture. Shoe Store put the enlarged picture in the window with the display of "Jumpers" shoes. The college that Player attended believed that Player had intentionally endorsed Shoe Store and "Jumpers" shoes, and the college cancelled his athletic scholarship."If Player asserts a claim based on defamation against Shoe Store, will Player prevail?
0. Yes, if Shoe Store was reckless in accepting Photo's statement that Photo had Player's approval.
1. Yes, because the defamatory material was in printed form.
2. No, if Shoe Store believed Photo's statement that Photo had Player's approval.
3. No, because the picture of Player was not defamatory per se
the police told him, " we had no choice but to investigate. " = = = another cases = = = a female private tutor was sentenced to 10 years in prison in the first trial in 2018 for raping two male students between 2016 - 2017, but she was later acquitted on appeal after it was revealed that the male students had made false accusations. in april 2024, there was an incident where a mixed - race korean - japanese youtuber was falsely accused of sexual crime by a south korean cosplayer. the youtuber said that the cosplayer also asked him for 80 million won. the youtuber was only able to be cleared of charges after a police investigation concluded that he doesn't have allegation. = = police handling of rape reports = = surveys of police and prosecutors find that many in law enforcement consistently over - estimate the prevalence of false accusations, leading to what some researchers have characterized as a culture of skepticism toward accusers in sexual assault cases. in 2018, lesley mcmillan analysed police perception of likelihood of false reporting of rape. she concluded that although police anticipated 5 % to 95 % of claims were likely to be false, no more than 3 - 4 % could have been fabricated. = = possible effects of media representation = = there are studies about the extent which the media affects the public perception of false rape accusations. incorrect assumptions about false rape allegations increases the likelihood that a person who reports rape will be blamed or disbelieved. megan sacks in deviant behavior says that the media perpetuates rape myths when reporting on sexual assaults. rapes that are reported in news media are typically sensational and do not often correspond with the reality of most rapes. for example, the majority of sexual assaults are committed by someone the person knows as opposed to a stranger. sacks says, the media also normalizes sexual violence in general, often blames the person who reported the assault, and commonly expresses sympathy for the alleged perpetrators instead of the victim. laura niemi, a postdoctoral psychology associate at harvard university, speculated that mythologizing of rape could contribute to the idea that " no normal person " could rape. as a result, the people commonly had a difficult time believing someone they know or like is a rapist, and this could contribute to the idea that the person who reported the rape is at fault. in the european journal of psychology applied to legal context, andre de zutter and a team described how false rape allegations often resemble stories of rape portrayed in the media, which are not typical
healthy market β rules of the game β that foster competition ; β constitutional democracy ; the rule of law [ and ] civic freedoms, β healthy civic discourse, and avoiding adverse impacts on the environment and human rights. " legitimacy " determines whether a firm has a legitimate basis for entering the political arena on a given issue. it requires that companies'political activities authentically reflect the firm's collective stance as opposed to that of individual executives. in addition, the company must either have contributed significantly to the problem, have made commitments that relate to the issue, or see the issue of one of such consequence that it threatens fundamental systems and the firm has the ability to help. " accountability " demands that firms align their political actions with their professed corporate mission, vision, and values. " transparency " prescribes " open and honest " communication with stakeholders about the company's political operations. this requires going well beyond mere compliance with disclosure regulations around political spending and lobbying, as these requirements are typically too loose to give stakeholders an accurate and complete picture of corporate political activity on a given issue. = = application = = numerous companies have begun to act in accordance with the principles of cpr. in 2018, nike produced an advertisement campaign with the american football player colin kaepernick, who had caused controversy by kneeling during a performance of the united states national anthem to protest against racism and police violence. nike was criticised by then president donald trump but eventually received a positive market reaction. the coffee shop chain starbucks strengths the democratic process by aiding voter registration efforts with a dedicated online tool. the company was also among the first to pay for its employees'health insurance and to support their tertiary education. in 2017, the homestay marketplace airbnb opposed the far - right unite the right rally in charlottesville, virginia by disabling the profiles of extremist users in the run - up to the event. the company's ceo, brian chesky, publicly condemned the rally. the german watch manufacturer nomos glashutte wrote an open letter condemning racism, intolerance and hatred after far - right gains in the 2017 german federal election around its corporate headquarters in saxony had caused irritation among customers. the firm also offered workshops to its employees to help them counter extremism and was a founding member of the business council for democracy, a private - sector initiative designed to foster debating culture. in march 2023, a group of american companies, including the technology multinational ibm and the tire manufacturer pirelli, publicly stated their support for the erb principles
of cheap thermal paper or very light ink. ) = = = denying returns = = = some retailers have turned to a practice in which customers who return or exchange items excessively ( beyond the guidelines set by a retailer ) may be prevented from making a return or exchange with that particular company. in the united states, a company called the retail equation ( formerly the return exchange ) collects data from participating retailers via a swipe of a driver's license, or most other types of government issued photo identification. the information found on the license is collected into a database, and other stores operated by that particular retail company can use this information to deny a return. this system can be used to prevent various problems, such as return fraud. these controversial practices of collecting information have been addressed by privacy rights advocates and spurred a movement for boycotting chains that collect consumers'private information and allow third party sources to use it. the request of presenting a form of identification for returning products and collecting the information has stirred controversy, especially if the customer that purchased the product was a minor ( under the age of 18 ). immigrant rights groups have voiced serious concern over the practice since most illegal immigrants don't have a state id or a drivers license and this practice could potentially be used to discriminate against them, however, all of the stores that are associated with the retail equation, accepts all types of government issued photo identification, including, but not limited to, driver's licences ( regardless of issuing state ), state identification card ( regardless of issuing state ), passports ( regardless of issuing country ), mexican matricula consular documents, concealed carry firearm permits ( regardless of issuing state ), and uniformed services identification cards. = = = legislation = = = legislation exists in various parts of the world giving consumers the right to return goods in as - supplied condition for a full refund, within a set period of time, known as a cooling - off period. sometimes this legislation only applies to distance sales such as e - commerce. = = see also = = cooling - off period ( consumer rights ) lemon law money back guarantee package redirection scam return merchandise authorization reverse logistics warranty = = references = = = = external links = = the retail equation homepage, describes details about the agency and returning
what is exchanged in examples 1 and 2, above. in the second case, we call it third - party image. it may concern a subset of the target's characteristics, i. e., its willingness to comply with socially accepted norms and customs, or its skills ( ways ), or its definition as pertaining to a precise agent. indeed, we can define special cases of image, including third - party image, the evaluation that an agent believes a third party has of the target, or even shared image, that is, an evaluation shared by a group. not even this last is reputation, since it tries to define too precisely the mental status of the group. reputation, as distinct from image, is the process and the effect of transmitting a target image. we call reputation transmission a communication of an evaluation without the specification of the evaluator, if not for a group attribution, and only in the default sense discussed before. this covers the case of example 3 above. more precisely, reputation is a believed, social, meta - evaluation ; it is built upon three distinct but interrelated objects : a cognitive representation, or more precisely a believed evaluation β this could be somebody's image, but is enough that this consist of a communicated evaluation ; a population object, i. e., a propagating believed evaluation ; and an objective emergent property at the agent level, i. e., what the agent is believed to be. in fact, reputation is a highly dynamic phenomenon in two distinct senses : it is subject to change, especially as an effect of corruption, errors, deception, etc. ; and it emerges as an effect of a multi - level bidirectional process. reputation is also how others know and perceive you as an individual. while image only moves ( when transmitted and accepted ) from one individual cognition to another, the anonymous character of reputation makes it a more complex phenomenon. reputation proceeds from the level of individual cognition ( when is born, possibly as an image, but not always ) to the level of social propagation ( at this level, it not necessarily believed as from any specific agent ) and from this level back to individual cognition again ( when it is accepted ). moreover, once it gets to the population level, reputation gives rise to a further property at the agent level. it is both what people think about targets and what targets are in the eyes of others. from the very moment an agent is targeted by the community, his or her life will change whether he or she wants it or
wrong message about the drink by directly associating it to a β healthy ideal body β. often the line between ethical and unethical advertising is blurred, what may seem unethical to some consumers or businesses, may not to for others. therefore, in cases like this, businesses should proceed with caution, because unethical advertising and promotion can fail, causing consumers to shy away from the company consequently defeating the purpose of any campaign. ethical pitfalls in advertising and promotional content include : issues over truth and honesty. in the 1940s and 1950s, tobacco used to be advertised as promoting health. today an advertiser who fails to tell the truth not only offends against morality but also against the law. however the law permits " puffery " ( a legal term ). the difference between mere puffery and fraud is a slippery slope : " the problem... is the slippery slope by which variations on puffery can descend fairly quickly to lies. " see main article : false advertising. issues with violence, sex and profanity. sexual innuendo is a mainstay of advertising content ( see sex in advertising ), and yet is also regarded as a form of sexual harassment. violence is an issue especially for children's advertising and advertising likely to be seen by children. taste and controversy. the advertising of certain products may strongly offend some people while being in the interests of others. examples include : feminine hygiene products, hemorrhoid and constipation medication. the advertising of condoms has become acceptable in the interests of aids - prevention, but are nevertheless seen by some as promoting promiscuity. some companies have actually marketed themselves on the basis of controversial advertising - see benetton. sony has also frequently attracted criticism for unethical content ( portrayals of jesus which infuriated religious groups ; racial innuendo in marketing black and white versions of its psp product ; graffiti adverts in major us cities ). negative advertising techniques, such as attack ads. in negative advertising, the advertiser highlights the disadvantages of competitor products rather than the advantages of their own. the methods are most familiar from the political sphere : see negative campaigning. delivery channels direct marketing is the most controversial of advertising channels, particularly when approaches are unsolicited. tv commercials and direct mail are common examples. electronic spam and telemarketing push the borders of ethics and legality more strongly, and have been described as attention theft. shills and astroturfers are examples of ways for
Answer:
|
Yes, if Shoe Store was reckless in accepting Photo's statement that Photo had Player's approval.
| null |
Photo, a freelance photographer, took a picture of Player in front of Shoe Store. Player was a nationally known amateur basketball star who had received much publicity in the press. At the time, the window display in Shoe Store featured "Jumpers," a well-known make of basketball shoes. Photo sold the picture, greatly enlarged, to Shoe Store and told Shoe Store that Photo had Player's approval to do so and that Player had consented to Shoe Store's showing the enlarged picture in the window. Shoe Store made no effort to ascertain whether Player had given his consent to Photo. In fact, Player did not even know that Photo had taken the picture. Shoe Store put the enlarged picture in the window with the display of "Jumpers" shoes. The college that Player attended believed that Player had intentionally endorsed Shoe Store and "Jumpers" shoes, and the college cancelled his athletic scholarship."If Player asserts a claim based on defamation against Shoe Store, will Player prevail?
0. Yes, if Shoe Store was reckless in accepting Photo's statement that Photo had Player's approval.
1. Yes, because the defamatory material was in printed form.
2. No, if Shoe Store believed Photo's statement that Photo had Player's approval.
3. No, because the picture of Player was not defamatory per se
the police told him, " we had no choice but to investigate. " = = = another cases = = = a female private tutor was sentenced to 10 years in prison in the first trial in 2018 for raping two male students between 2016 - 2017, but she was later acquitted on appeal after it was revealed that the male students had made false accusations. in april 2024, there was an incident where a mixed - race korean - japanese youtuber was falsely accused of sexual crime by a south korean cosplayer. the youtuber said that the cosplayer also asked him for 80 million won. the youtuber was only able to be cleared of charges after a police investigation concluded that he doesn't have allegation. = = police handling of rape reports = = surveys of police and prosecutors find that many in law enforcement consistently over - estimate the prevalence of false accusations, leading to what some researchers have characterized as a culture of skepticism toward accusers in sexual assault cases. in 2018, lesley mcmillan analysed police perception of likelihood of false reporting of rape. she concluded that although police anticipated 5 % to 95 % of claims were likely to be false, no more than 3 - 4 % could have been fabricated. = = possible effects of media representation = = there are studies about the extent which the media affects the public perception of false rape accusations. incorrect assumptions about false rape allegations increases the likelihood that a person who reports rape will be blamed or disbelieved. megan sacks in deviant behavior says that the media perpetuates rape myths when reporting on sexual assaults. rapes that are reported in news media are typically sensational and do not often correspond with the reality of most rapes. for example, the majority of sexual assaults are committed by someone the person knows as opposed to a stranger. sacks says, the media also normalizes sexual violence in general, often blames the person who reported the assault, and commonly expresses sympathy for the alleged perpetrators instead of the victim. laura niemi, a postdoctoral psychology associate at harvard university, speculated that mythologizing of rape could contribute to the idea that " no normal person " could rape. as a result, the people commonly had a difficult time believing someone they know or like is a rapist, and this could contribute to the idea that the person who reported the rape is at fault. in the european journal of psychology applied to legal context, andre de zutter and a team described how false rape allegations often resemble stories of rape portrayed in the media, which are not typical
healthy market β rules of the game β that foster competition ; β constitutional democracy ; the rule of law [ and ] civic freedoms, β healthy civic discourse, and avoiding adverse impacts on the environment and human rights. " legitimacy " determines whether a firm has a legitimate basis for entering the political arena on a given issue. it requires that companies'political activities authentically reflect the firm's collective stance as opposed to that of individual executives. in addition, the company must either have contributed significantly to the problem, have made commitments that relate to the issue, or see the issue of one of such consequence that it threatens fundamental systems and the firm has the ability to help. " accountability " demands that firms align their political actions with their professed corporate mission, vision, and values. " transparency " prescribes " open and honest " communication with stakeholders about the company's political operations. this requires going well beyond mere compliance with disclosure regulations around political spending and lobbying, as these requirements are typically too loose to give stakeholders an accurate and complete picture of corporate political activity on a given issue. = = application = = numerous companies have begun to act in accordance with the principles of cpr. in 2018, nike produced an advertisement campaign with the american football player colin kaepernick, who had caused controversy by kneeling during a performance of the united states national anthem to protest against racism and police violence. nike was criticised by then president donald trump but eventually received a positive market reaction. the coffee shop chain starbucks strengths the democratic process by aiding voter registration efforts with a dedicated online tool. the company was also among the first to pay for its employees'health insurance and to support their tertiary education. in 2017, the homestay marketplace airbnb opposed the far - right unite the right rally in charlottesville, virginia by disabling the profiles of extremist users in the run - up to the event. the company's ceo, brian chesky, publicly condemned the rally. the german watch manufacturer nomos glashutte wrote an open letter condemning racism, intolerance and hatred after far - right gains in the 2017 german federal election around its corporate headquarters in saxony had caused irritation among customers. the firm also offered workshops to its employees to help them counter extremism and was a founding member of the business council for democracy, a private - sector initiative designed to foster debating culture. in march 2023, a group of american companies, including the technology multinational ibm and the tire manufacturer pirelli, publicly stated their support for the erb principles
of cheap thermal paper or very light ink. ) = = = denying returns = = = some retailers have turned to a practice in which customers who return or exchange items excessively ( beyond the guidelines set by a retailer ) may be prevented from making a return or exchange with that particular company. in the united states, a company called the retail equation ( formerly the return exchange ) collects data from participating retailers via a swipe of a driver's license, or most other types of government issued photo identification. the information found on the license is collected into a database, and other stores operated by that particular retail company can use this information to deny a return. this system can be used to prevent various problems, such as return fraud. these controversial practices of collecting information have been addressed by privacy rights advocates and spurred a movement for boycotting chains that collect consumers'private information and allow third party sources to use it. the request of presenting a form of identification for returning products and collecting the information has stirred controversy, especially if the customer that purchased the product was a minor ( under the age of 18 ). immigrant rights groups have voiced serious concern over the practice since most illegal immigrants don't have a state id or a drivers license and this practice could potentially be used to discriminate against them, however, all of the stores that are associated with the retail equation, accepts all types of government issued photo identification, including, but not limited to, driver's licences ( regardless of issuing state ), state identification card ( regardless of issuing state ), passports ( regardless of issuing country ), mexican matricula consular documents, concealed carry firearm permits ( regardless of issuing state ), and uniformed services identification cards. = = = legislation = = = legislation exists in various parts of the world giving consumers the right to return goods in as - supplied condition for a full refund, within a set period of time, known as a cooling - off period. sometimes this legislation only applies to distance sales such as e - commerce. = = see also = = cooling - off period ( consumer rights ) lemon law money back guarantee package redirection scam return merchandise authorization reverse logistics warranty = = references = = = = external links = = the retail equation homepage, describes details about the agency and returning
what is exchanged in examples 1 and 2, above. in the second case, we call it third - party image. it may concern a subset of the target's characteristics, i. e., its willingness to comply with socially accepted norms and customs, or its skills ( ways ), or its definition as pertaining to a precise agent. indeed, we can define special cases of image, including third - party image, the evaluation that an agent believes a third party has of the target, or even shared image, that is, an evaluation shared by a group. not even this last is reputation, since it tries to define too precisely the mental status of the group. reputation, as distinct from image, is the process and the effect of transmitting a target image. we call reputation transmission a communication of an evaluation without the specification of the evaluator, if not for a group attribution, and only in the default sense discussed before. this covers the case of example 3 above. more precisely, reputation is a believed, social, meta - evaluation ; it is built upon three distinct but interrelated objects : a cognitive representation, or more precisely a believed evaluation β this could be somebody's image, but is enough that this consist of a communicated evaluation ; a population object, i. e., a propagating believed evaluation ; and an objective emergent property at the agent level, i. e., what the agent is believed to be. in fact, reputation is a highly dynamic phenomenon in two distinct senses : it is subject to change, especially as an effect of corruption, errors, deception, etc. ; and it emerges as an effect of a multi - level bidirectional process. reputation is also how others know and perceive you as an individual. while image only moves ( when transmitted and accepted ) from one individual cognition to another, the anonymous character of reputation makes it a more complex phenomenon. reputation proceeds from the level of individual cognition ( when is born, possibly as an image, but not always ) to the level of social propagation ( at this level, it not necessarily believed as from any specific agent ) and from this level back to individual cognition again ( when it is accepted ). moreover, once it gets to the population level, reputation gives rise to a further property at the agent level. it is both what people think about targets and what targets are in the eyes of others. from the very moment an agent is targeted by the community, his or her life will change whether he or she wants it or
wrong message about the drink by directly associating it to a β healthy ideal body β. often the line between ethical and unethical advertising is blurred, what may seem unethical to some consumers or businesses, may not to for others. therefore, in cases like this, businesses should proceed with caution, because unethical advertising and promotion can fail, causing consumers to shy away from the company consequently defeating the purpose of any campaign. ethical pitfalls in advertising and promotional content include : issues over truth and honesty. in the 1940s and 1950s, tobacco used to be advertised as promoting health. today an advertiser who fails to tell the truth not only offends against morality but also against the law. however the law permits " puffery " ( a legal term ). the difference between mere puffery and fraud is a slippery slope : " the problem... is the slippery slope by which variations on puffery can descend fairly quickly to lies. " see main article : false advertising. issues with violence, sex and profanity. sexual innuendo is a mainstay of advertising content ( see sex in advertising ), and yet is also regarded as a form of sexual harassment. violence is an issue especially for children's advertising and advertising likely to be seen by children. taste and controversy. the advertising of certain products may strongly offend some people while being in the interests of others. examples include : feminine hygiene products, hemorrhoid and constipation medication. the advertising of condoms has become acceptable in the interests of aids - prevention, but are nevertheless seen by some as promoting promiscuity. some companies have actually marketed themselves on the basis of controversial advertising - see benetton. sony has also frequently attracted criticism for unethical content ( portrayals of jesus which infuriated religious groups ; racial innuendo in marketing black and white versions of its psp product ; graffiti adverts in major us cities ). negative advertising techniques, such as attack ads. in negative advertising, the advertiser highlights the disadvantages of competitor products rather than the advantages of their own. the methods are most familiar from the political sphere : see negative campaigning. delivery channels direct marketing is the most controversial of advertising channels, particularly when approaches are unsolicited. tv commercials and direct mail are common examples. electronic spam and telemarketing push the borders of ethics and legality more strongly, and have been described as attention theft. shills and astroturfers are examples of ways for
Answer:
|
No, because the picture of Player was not defamatory per se
| 0.3 |
Photo, a freelance photographer, took a picture of Player in front of Shoe Store. Player was a nationally known amateur basketball star who had received much publicity in the press. At the time, the window display in Shoe Store featured "Jumpers," a well-known make of basketball shoes. Photo sold the picture, greatly enlarged, to Shoe Store and told Shoe Store that Photo had Player's approval to do so and that Player had consented to Shoe Store's showing the enlarged picture in the window. Shoe Store made no effort to ascertain whether Player had given his consent to Photo. In fact, Player did not even know that Photo had taken the picture. Shoe Store put the enlarged picture in the window with the display of "Jumpers" shoes. The college that Player attended believed that Player had intentionally endorsed Shoe Store and "Jumpers" shoes, and the college cancelled his athletic scholarship."If Player asserts a claim based on invasion of privacy against Shoe Store, will Player prevail?
0. Yes, because Photo had no right to take Player's picture.
1. Yes, because Shoe Store, without Player's permission, used Player's picture for profit.
2. No, because Player was already a basketball star who had received much publicity in the press.
3. No, because Shoe Store believed it had permission to put the picture in the window
healthy market β rules of the game β that foster competition ; β constitutional democracy ; the rule of law [ and ] civic freedoms, β healthy civic discourse, and avoiding adverse impacts on the environment and human rights. " legitimacy " determines whether a firm has a legitimate basis for entering the political arena on a given issue. it requires that companies'political activities authentically reflect the firm's collective stance as opposed to that of individual executives. in addition, the company must either have contributed significantly to the problem, have made commitments that relate to the issue, or see the issue of one of such consequence that it threatens fundamental systems and the firm has the ability to help. " accountability " demands that firms align their political actions with their professed corporate mission, vision, and values. " transparency " prescribes " open and honest " communication with stakeholders about the company's political operations. this requires going well beyond mere compliance with disclosure regulations around political spending and lobbying, as these requirements are typically too loose to give stakeholders an accurate and complete picture of corporate political activity on a given issue. = = application = = numerous companies have begun to act in accordance with the principles of cpr. in 2018, nike produced an advertisement campaign with the american football player colin kaepernick, who had caused controversy by kneeling during a performance of the united states national anthem to protest against racism and police violence. nike was criticised by then president donald trump but eventually received a positive market reaction. the coffee shop chain starbucks strengths the democratic process by aiding voter registration efforts with a dedicated online tool. the company was also among the first to pay for its employees'health insurance and to support their tertiary education. in 2017, the homestay marketplace airbnb opposed the far - right unite the right rally in charlottesville, virginia by disabling the profiles of extremist users in the run - up to the event. the company's ceo, brian chesky, publicly condemned the rally. the german watch manufacturer nomos glashutte wrote an open letter condemning racism, intolerance and hatred after far - right gains in the 2017 german federal election around its corporate headquarters in saxony had caused irritation among customers. the firm also offered workshops to its employees to help them counter extremism and was a founding member of the business council for democracy, a private - sector initiative designed to foster debating culture. in march 2023, a group of american companies, including the technology multinational ibm and the tire manufacturer pirelli, publicly stated their support for the erb principles
of cheap thermal paper or very light ink. ) = = = denying returns = = = some retailers have turned to a practice in which customers who return or exchange items excessively ( beyond the guidelines set by a retailer ) may be prevented from making a return or exchange with that particular company. in the united states, a company called the retail equation ( formerly the return exchange ) collects data from participating retailers via a swipe of a driver's license, or most other types of government issued photo identification. the information found on the license is collected into a database, and other stores operated by that particular retail company can use this information to deny a return. this system can be used to prevent various problems, such as return fraud. these controversial practices of collecting information have been addressed by privacy rights advocates and spurred a movement for boycotting chains that collect consumers'private information and allow third party sources to use it. the request of presenting a form of identification for returning products and collecting the information has stirred controversy, especially if the customer that purchased the product was a minor ( under the age of 18 ). immigrant rights groups have voiced serious concern over the practice since most illegal immigrants don't have a state id or a drivers license and this practice could potentially be used to discriminate against them, however, all of the stores that are associated with the retail equation, accepts all types of government issued photo identification, including, but not limited to, driver's licences ( regardless of issuing state ), state identification card ( regardless of issuing state ), passports ( regardless of issuing country ), mexican matricula consular documents, concealed carry firearm permits ( regardless of issuing state ), and uniformed services identification cards. = = = legislation = = = legislation exists in various parts of the world giving consumers the right to return goods in as - supplied condition for a full refund, within a set period of time, known as a cooling - off period. sometimes this legislation only applies to distance sales such as e - commerce. = = see also = = cooling - off period ( consumer rights ) lemon law money back guarantee package redirection scam return merchandise authorization reverse logistics warranty = = references = = = = external links = = the retail equation homepage, describes details about the agency and returning
. they would improve their public features through social media to communicate with the stakeholders. in a 2023 study involving the quick serving restaurant ( qsr ) industry, banerjee, sen, and zahay find that customers β in - store engagement in the form of their social media usage can have strong predictive power. the authors find that social media posts containing product brand mentions created by an engaged customer within a store premise can trigger parasocial interactions in the form of likes, retweets, and replies which can further lead to an increased competitive spillover. such effects can either increase or decrease based on the competitor density in the area. combining data from six different databases, the authors show how social media can be leveraged to influence competitive positions in local markets. in this interesting study, the authors caution that seemingly positive customer testimonials from within a store can ultimately end up helping competitor brands and hence store managers must practice diligence in monitoring customer social media posts. = = = livestreaming = = = according to ko and chen ( 2020 ), " live streaming was originally used in broadcasting sporting events or news issues on tv. as the mobile internet gets more and more popular, now the netizen and small companies can broadcast themselves via the use of live - streaming app ". many platforms have developed and launched their live stream function, like taobao. com and facebook. for online retailers like taobao. com or tmall. com, users could follow and interact with the hosts and celebrities like being friends with them. " china had up to 433 million live streaming viewers in august 2019 [ cnnic 2019 ]. the use of live streaming to promote brands and products is " exploding " in the e - commerce field in china [ aliresearch 2020 ]. for example, during the " june 18 " event in 2019, taobao's live streaming platform drove sales of 13 billion yuan, with the number of merchants broadcasting live streaming increasing by nearly 120 % year - on - year. the number of broadcasts grew by 150 % year - on - year [ cnnic 2019 ]. " from the perspective of a retailer, live streaming provides more opportunities for marketing, branding, improving customer services and increasing revenue. as a customer, live streaming also offers a more synchronic and interactive shopping experience than before. interactions between streamers / sellers and consumers also help customers get higher quality information about the products, which is different from traditional shopping method. according to xu, wu and li ( 2020
. they would improve their public features through social media to communicate with the stakeholders. in a 2023 study involving the quick serving restaurant ( qsr ) industry, banerjee, sen, and zahay find that customers β in - store engagement in the form of their social media usage can have strong predictive power. the authors find that social media posts containing product brand mentions created by an engaged customer within a store premise can trigger parasocial interactions in the form of likes, retweets, and replies which can further lead to an increased competitive spillover. such effects can either increase or decrease based on the competitor density in the area. combining data from six different databases, the authors show how social media can be leveraged to influence competitive positions in local markets. in this interesting study, the authors caution that seemingly positive customer testimonials from within a store can ultimately end up helping competitor brands and hence store managers must practice diligence in monitoring customer social media posts. = = = livestreaming = = = according to ko and chen ( 2020 ), " live streaming was originally used in broadcasting sporting events or news issues on tv. as the mobile internet gets more and more popular, now the netizen and small companies can broadcast themselves via the use of live - streaming app ". many platforms have developed and launched their live stream function, like taobao. com and facebook. for online retailers like taobao. com or tmall. com, users could follow and interact with the hosts and celebrities like being friends with them. " china had up to 433 million live streaming viewers in august 2019 [ cnnic 2019 ]. the use of live streaming to promote brands and products is " exploding " in the e - commerce field in china [ aliresearch 2020 ]. for example, during the " june 18 " event in 2019, taobao's live streaming platform drove sales of 13 billion yuan, with the number of merchants broadcasting live streaming increasing by nearly 120 % year - on - year. the number of broadcasts grew by 150 % year - on - year [ cnnic 2019 ]. " from the perspective of a retailer, live streaming provides more opportunities for marketing, branding, improving customer services and increasing revenue. as a customer, live streaming also offers a more synchronic and interactive shopping experience than before. interactions between streamers / sellers and consumers also help customers get higher quality information about the products, which is different from traditional shopping method. according to xu, wu and li ( 2020
facebook, for example, provides users with the ability to restrict who sees their posts through specific privacy settings. there is also debate about whether requiring users to create a username and password is sufficient to establish whether the data is considered public or private. historically, institutional review boards considered such websites to be private, although newer websites like youtube call this practice into question. for example, youtube only requires the creation of a username and password to post videos and / or view adult content, but anyone is free to view general youtube videos and these general videos would not be subject to consent requirements for researchers looking to conduct observational studies. = = = interactive research = = = according to moreno and colleagues, interactive research occurs when " a researcher wishes to access the [ social media website ] content that is not publicly available ". because researchers have limited ways of accessing this data, this could mean that a researcher sends a facebook user a friend request, or follows a user on twitter in order to gain access to potentially protected tweets. while it could be argued that such actions would violate a social media user's expectation of privacy, other scholars argued that actions like " friending " or " following " an individual on social media constitutes a " loose tie " relationship and therefore not sufficient to establish a reasonable expectation of privacy since individuals often have friends or followers they have never even met. = = = survey and interview research = = = because research on social media occurs online, it is difficult for researchers to observe participant reactions to the informed consent process. for example, when collecting information about activities that are potentially illegal, or recruiting participants from stigmatized populations, this lack of physical proximity could potentially negatively impact the informed consent process. another important consideration regards the confidentiality of information provided by participants. while information provided over the internet might be perceived as lower risk, studies that publish direct quotes from study participants might expose them to the risk of being identified via a google search. = = see also = = = = references = = = = further reading = = poynter institute : new media timeline ( 1969 β 2010 ) created by david b. shedden, library director at poynter institute wardrip - fruin, noah and nick montfort, ed. ( 2003 ). the new media reader. the mit press. isbn 978 - 0 - 262 - 23227 - 2. leah a. lievrouw, sonia livingstone ( ed. ), the handbook of new media, sage, 2002 logan, robert k. ( 2010 ) understanding new media :
Answer:
|
Yes, because Shoe Store, without Player's permission, used Player's picture for profit.
| null |
Photo, a freelance photographer, took a picture of Player in front of Shoe Store. Player was a nationally known amateur basketball star who had received much publicity in the press. At the time, the window display in Shoe Store featured "Jumpers," a well-known make of basketball shoes. Photo sold the picture, greatly enlarged, to Shoe Store and told Shoe Store that Photo had Player's approval to do so and that Player had consented to Shoe Store's showing the enlarged picture in the window. Shoe Store made no effort to ascertain whether Player had given his consent to Photo. In fact, Player did not even know that Photo had taken the picture. Shoe Store put the enlarged picture in the window with the display of "Jumpers" shoes. The college that Player attended believed that Player had intentionally endorsed Shoe Store and "Jumpers" shoes, and the college cancelled his athletic scholarship."If Player asserts a claim based on invasion of privacy against Shoe Store, will Player prevail?
0. Yes, because Photo had no right to take Player's picture.
1. Yes, because Shoe Store, without Player's permission, used Player's picture for profit.
2. No, because Player was already a basketball star who had received much publicity in the press.
3. No, because Shoe Store believed it had permission to put the picture in the window
healthy market β rules of the game β that foster competition ; β constitutional democracy ; the rule of law [ and ] civic freedoms, β healthy civic discourse, and avoiding adverse impacts on the environment and human rights. " legitimacy " determines whether a firm has a legitimate basis for entering the political arena on a given issue. it requires that companies'political activities authentically reflect the firm's collective stance as opposed to that of individual executives. in addition, the company must either have contributed significantly to the problem, have made commitments that relate to the issue, or see the issue of one of such consequence that it threatens fundamental systems and the firm has the ability to help. " accountability " demands that firms align their political actions with their professed corporate mission, vision, and values. " transparency " prescribes " open and honest " communication with stakeholders about the company's political operations. this requires going well beyond mere compliance with disclosure regulations around political spending and lobbying, as these requirements are typically too loose to give stakeholders an accurate and complete picture of corporate political activity on a given issue. = = application = = numerous companies have begun to act in accordance with the principles of cpr. in 2018, nike produced an advertisement campaign with the american football player colin kaepernick, who had caused controversy by kneeling during a performance of the united states national anthem to protest against racism and police violence. nike was criticised by then president donald trump but eventually received a positive market reaction. the coffee shop chain starbucks strengths the democratic process by aiding voter registration efforts with a dedicated online tool. the company was also among the first to pay for its employees'health insurance and to support their tertiary education. in 2017, the homestay marketplace airbnb opposed the far - right unite the right rally in charlottesville, virginia by disabling the profiles of extremist users in the run - up to the event. the company's ceo, brian chesky, publicly condemned the rally. the german watch manufacturer nomos glashutte wrote an open letter condemning racism, intolerance and hatred after far - right gains in the 2017 german federal election around its corporate headquarters in saxony had caused irritation among customers. the firm also offered workshops to its employees to help them counter extremism and was a founding member of the business council for democracy, a private - sector initiative designed to foster debating culture. in march 2023, a group of american companies, including the technology multinational ibm and the tire manufacturer pirelli, publicly stated their support for the erb principles
of cheap thermal paper or very light ink. ) = = = denying returns = = = some retailers have turned to a practice in which customers who return or exchange items excessively ( beyond the guidelines set by a retailer ) may be prevented from making a return or exchange with that particular company. in the united states, a company called the retail equation ( formerly the return exchange ) collects data from participating retailers via a swipe of a driver's license, or most other types of government issued photo identification. the information found on the license is collected into a database, and other stores operated by that particular retail company can use this information to deny a return. this system can be used to prevent various problems, such as return fraud. these controversial practices of collecting information have been addressed by privacy rights advocates and spurred a movement for boycotting chains that collect consumers'private information and allow third party sources to use it. the request of presenting a form of identification for returning products and collecting the information has stirred controversy, especially if the customer that purchased the product was a minor ( under the age of 18 ). immigrant rights groups have voiced serious concern over the practice since most illegal immigrants don't have a state id or a drivers license and this practice could potentially be used to discriminate against them, however, all of the stores that are associated with the retail equation, accepts all types of government issued photo identification, including, but not limited to, driver's licences ( regardless of issuing state ), state identification card ( regardless of issuing state ), passports ( regardless of issuing country ), mexican matricula consular documents, concealed carry firearm permits ( regardless of issuing state ), and uniformed services identification cards. = = = legislation = = = legislation exists in various parts of the world giving consumers the right to return goods in as - supplied condition for a full refund, within a set period of time, known as a cooling - off period. sometimes this legislation only applies to distance sales such as e - commerce. = = see also = = cooling - off period ( consumer rights ) lemon law money back guarantee package redirection scam return merchandise authorization reverse logistics warranty = = references = = = = external links = = the retail equation homepage, describes details about the agency and returning
. they would improve their public features through social media to communicate with the stakeholders. in a 2023 study involving the quick serving restaurant ( qsr ) industry, banerjee, sen, and zahay find that customers β in - store engagement in the form of their social media usage can have strong predictive power. the authors find that social media posts containing product brand mentions created by an engaged customer within a store premise can trigger parasocial interactions in the form of likes, retweets, and replies which can further lead to an increased competitive spillover. such effects can either increase or decrease based on the competitor density in the area. combining data from six different databases, the authors show how social media can be leveraged to influence competitive positions in local markets. in this interesting study, the authors caution that seemingly positive customer testimonials from within a store can ultimately end up helping competitor brands and hence store managers must practice diligence in monitoring customer social media posts. = = = livestreaming = = = according to ko and chen ( 2020 ), " live streaming was originally used in broadcasting sporting events or news issues on tv. as the mobile internet gets more and more popular, now the netizen and small companies can broadcast themselves via the use of live - streaming app ". many platforms have developed and launched their live stream function, like taobao. com and facebook. for online retailers like taobao. com or tmall. com, users could follow and interact with the hosts and celebrities like being friends with them. " china had up to 433 million live streaming viewers in august 2019 [ cnnic 2019 ]. the use of live streaming to promote brands and products is " exploding " in the e - commerce field in china [ aliresearch 2020 ]. for example, during the " june 18 " event in 2019, taobao's live streaming platform drove sales of 13 billion yuan, with the number of merchants broadcasting live streaming increasing by nearly 120 % year - on - year. the number of broadcasts grew by 150 % year - on - year [ cnnic 2019 ]. " from the perspective of a retailer, live streaming provides more opportunities for marketing, branding, improving customer services and increasing revenue. as a customer, live streaming also offers a more synchronic and interactive shopping experience than before. interactions between streamers / sellers and consumers also help customers get higher quality information about the products, which is different from traditional shopping method. according to xu, wu and li ( 2020
. they would improve their public features through social media to communicate with the stakeholders. in a 2023 study involving the quick serving restaurant ( qsr ) industry, banerjee, sen, and zahay find that customers β in - store engagement in the form of their social media usage can have strong predictive power. the authors find that social media posts containing product brand mentions created by an engaged customer within a store premise can trigger parasocial interactions in the form of likes, retweets, and replies which can further lead to an increased competitive spillover. such effects can either increase or decrease based on the competitor density in the area. combining data from six different databases, the authors show how social media can be leveraged to influence competitive positions in local markets. in this interesting study, the authors caution that seemingly positive customer testimonials from within a store can ultimately end up helping competitor brands and hence store managers must practice diligence in monitoring customer social media posts. = = = livestreaming = = = according to ko and chen ( 2020 ), " live streaming was originally used in broadcasting sporting events or news issues on tv. as the mobile internet gets more and more popular, now the netizen and small companies can broadcast themselves via the use of live - streaming app ". many platforms have developed and launched their live stream function, like taobao. com and facebook. for online retailers like taobao. com or tmall. com, users could follow and interact with the hosts and celebrities like being friends with them. " china had up to 433 million live streaming viewers in august 2019 [ cnnic 2019 ]. the use of live streaming to promote brands and products is " exploding " in the e - commerce field in china [ aliresearch 2020 ]. for example, during the " june 18 " event in 2019, taobao's live streaming platform drove sales of 13 billion yuan, with the number of merchants broadcasting live streaming increasing by nearly 120 % year - on - year. the number of broadcasts grew by 150 % year - on - year [ cnnic 2019 ]. " from the perspective of a retailer, live streaming provides more opportunities for marketing, branding, improving customer services and increasing revenue. as a customer, live streaming also offers a more synchronic and interactive shopping experience than before. interactions between streamers / sellers and consumers also help customers get higher quality information about the products, which is different from traditional shopping method. according to xu, wu and li ( 2020
facebook, for example, provides users with the ability to restrict who sees their posts through specific privacy settings. there is also debate about whether requiring users to create a username and password is sufficient to establish whether the data is considered public or private. historically, institutional review boards considered such websites to be private, although newer websites like youtube call this practice into question. for example, youtube only requires the creation of a username and password to post videos and / or view adult content, but anyone is free to view general youtube videos and these general videos would not be subject to consent requirements for researchers looking to conduct observational studies. = = = interactive research = = = according to moreno and colleagues, interactive research occurs when " a researcher wishes to access the [ social media website ] content that is not publicly available ". because researchers have limited ways of accessing this data, this could mean that a researcher sends a facebook user a friend request, or follows a user on twitter in order to gain access to potentially protected tweets. while it could be argued that such actions would violate a social media user's expectation of privacy, other scholars argued that actions like " friending " or " following " an individual on social media constitutes a " loose tie " relationship and therefore not sufficient to establish a reasonable expectation of privacy since individuals often have friends or followers they have never even met. = = = survey and interview research = = = because research on social media occurs online, it is difficult for researchers to observe participant reactions to the informed consent process. for example, when collecting information about activities that are potentially illegal, or recruiting participants from stigmatized populations, this lack of physical proximity could potentially negatively impact the informed consent process. another important consideration regards the confidentiality of information provided by participants. while information provided over the internet might be perceived as lower risk, studies that publish direct quotes from study participants might expose them to the risk of being identified via a google search. = = see also = = = = references = = = = further reading = = poynter institute : new media timeline ( 1969 β 2010 ) created by david b. shedden, library director at poynter institute wardrip - fruin, noah and nick montfort, ed. ( 2003 ). the new media reader. the mit press. isbn 978 - 0 - 262 - 23227 - 2. leah a. lievrouw, sonia livingstone ( ed. ), the handbook of new media, sage, 2002 logan, robert k. ( 2010 ) understanding new media :
Answer:
|
No, because Shoe Store believed it had permission to put the picture in the window
| 0.3 |
Landover, the owner in fee simple of Highacre, an apartment house property, entered into an enforceable written agreement with VanMeer to sell Highacre to VanMeer. The agreement provided that a good and marketable title was to be conveyed free and clear of all encumbrances. However, the agreement was silent as to the risk of fire prior to closing, and there is no applicable statute in the state where the land is located. The premises were not insured. The day before the scheduled closing date, Highacre was wholly destroyed by fire. When VanMeer refused to close, Landover brought an action for specific performance. If Landover prevails, the most likely reason will be that
0. the failure of VanMeer to insure his interest as the purchaser of Highacre precludes any relief for him.
1. the remedy at law is inadequate in actions concerning real estate contracts and either party is entitled to specific performance.
2. equity does not permit consideration of surrounding circumstances in actions concerning real estate contracts.
3. the doctrine of equitable conversion applie
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 movables or immovables, and legal or equitable charges. thus, art. 2660 of the quebec civil code defines hypothec, providing as follows : a hypothec is a real right on movable or immovable property made liable for the performance of an obligation. it confers on the creditor the right to follow the property into whomsoever's hands it may come, to take possession of it, to take it in payment, to sell it or to cause it to be sold and thus to have a preference upon the proceeds of the sale, according to the rank as determined in this code. the quebec hypotheque, essentially equivalent to an american non - possessory lien or english legal charge, is an elastic, hypothecatory security interest that has all the rights of recourse ( jus exigendi ) of an american lien - theory mortgage or english mortgage by way of legal charge, may also be taken over movable and / or immovable property alike, and must be perfected ( i. e. registered ). the types as set forth in the civil code are : hypotheques conventionnelles ( art. 2681 ) - mortgage lien or legal charge ( acting as a mortgage ) hypotheque immobiliere - american real estate mortgage ( rem ) or english mortgage of land hypotheque mobiliere ( art. 2702 ) - australian personal property security ( pps ) hypotheque mobiliere sur une creance ( art. 2710 ) - credit mortgage hypotheque ouverte ( art. 2715 ) - american floating lien or english floating charge ( in europe, hypotheque ouverte refers to an open - end mortgage ) hypotheques legales ( art. 2724 ) - involuntary lien or equitable charge equivalent to the american tax lien, mechanic's or construction lien, home owner's association lien, and judgment lien. the qc. civ. code also provides for another real security called a priorite, formerly known as a privilege ( as it is still known in france, louisiana, etc. ), defined
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
hypothecary debt. sometimes consumer goods and business equipment can be bought on credit agreements involving hypothecation β the goods are legally owned by the borrower, but once again the creditor can seize them if required. rehypothecation occurs when entities re - use the collateral to secure their own borrowing. for the creditor the collateral not only mitigates the credit risk but also allows refinancing more easily or at lower rates ; in an initial hypothecation contract, however, the debtor can restrict such re - use of the collateral. = = hypothec in mixed legal systems = = under a handful of mixed legal systems, the hypothec was imported as a non - possessory real security over movable property ( in opposition to the common - law chattel mortgage ). in the mixed legal systems of some other countries ( e. g. scots law, south african law ) it may cover any corporeal movables, securities or intangible assets. whereas a pledge operates by bailment and transfers possession on delivery and a chattel mortgage operates by conveyance and transfers title, a hypothec operates by hypothecation and transfers neither possession nor title. the name and the principle have passed into scotland's civil law system, which distinguishes between conventional hypothecs, as bottomry and respondentia, and tacit hypothecs established by law. of the latter the most important is the landlord's hypothec for rent ( corresponding to distress in the law of england ), which extends over the produce of the land and the cattle and sheep fed on it, and over stock and horses used in husbandry. in the us, the legal right for the creditor to take ownership of the collateral if the debtor defaults is classified as a lien. the most common form of hypothecation is a repo transaction : the creditor gives a loan to the debtor and receives in return the possession ( not the ownership ) of a financial asset until the maturity of the loan. a reverse repo is a hypothecation'in the reverse direction': creditor and debtor swap roles. when an investor asks a broker to purchase securities on margin, hypothecation can occur in two senses. first, the purchased assets can be hypothecated so that, if the investor fails to keep up credit repayments, the broker can sell
with regard to the company, which are claimed to be true at both the time of signing and the time of closing. sellers often attempt to craft their representations and warranties with knowledge qualifiers, dictating the level of knowledge applicable and which seller parties'knowledge is relevant. some agreements provide that if the representations and warranties by the seller prove to be false, the buyer may claim a refund of part of the purchase price, as is common in transactions involving privately held companies ( although in most acquisition agreements involving public company targets, the representations and warranties of the seller do not survive the closing ). representations regarding a target company's net working capital are a common source of post - closing disputes. covenants, which govern the conduct of the parties, both before the closing ( such as covenants that restrict the operations of the business between signing and closing ) and after the closing ( such as covenants regarding future income tax filings and tax liability or post - closing restrictions agreed to by the buyer and seller parties ). termination rights, which may be triggered by a breach of contract, a failure to satisfy certain conditions or the passage of a certain period of time without consummating the transaction, and fees and damages payable in case of a termination for certain events ( also known as breakup fees ). provisions relating to obtaining required shareholder approvals under state law and related sec filings required under federal law, if applicable, and terms related to the mechanics of the legal transactions to be consummated at closing ( such as the determination and allocation of the purchase price ) and post - closing adjustments ( such as adjustments after the final determination of working capital at closing or earnout payments payable to the sellers ), repayment of outstanding debt, and the treatment of outstanding shares, options and other equity interests ). an indemnification provision, which provides that an indemnitor will indemnify, defend, and hold harmless the indemnitee ( s ) for losses incurred by the indemnitees as a result of the indemnitor's breach of its contractual obligations in the purchase agreement following the closing of a deal, adjustments may be made to some of the provisions outlined in the purchase agreement, such as the purchase price. these adjustments are subject to enforceability issues in certain situations. alternatively, certain transactions use the'locked box'approach, where the purchase price is fixed at signing and based on the seller's equity value at a pre - signing date and an interest charge. =
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 β 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 β zeitschrift fur geodasie, geoinformation und landmanagement, 2016 ministry of land reform : guide to namibia β s flexible land tenure act, 2012 ( act no. 4 of 2012 ), windhoek, 2016
Answer:
|
the doctrine of equitable conversion applie
| null |
Landover, the owner in fee simple of Highacre, an apartment house property, entered into an enforceable written agreement with VanMeer to sell Highacre to VanMeer. The agreement provided that a good and marketable title was to be conveyed free and clear of all encumbrances. However, the agreement was silent as to the risk of fire prior to closing, and there is no applicable statute in the state where the land is located. The premises were not insured. The day before the scheduled closing date, Highacre was wholly destroyed by fire. When VanMeer refused to close, Landover brought an action for specific performance. If Landover prevails, the most likely reason will be that
0. the failure of VanMeer to insure his interest as the purchaser of Highacre precludes any relief for him.
1. the remedy at law is inadequate in actions concerning real estate contracts and either party is entitled to specific performance.
2. equity does not permit consideration of surrounding circumstances in actions concerning real estate contracts.
3. the doctrine of equitable conversion applie
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 movables or immovables, and legal or equitable charges. thus, art. 2660 of the quebec civil code defines hypothec, providing as follows : a hypothec is a real right on movable or immovable property made liable for the performance of an obligation. it confers on the creditor the right to follow the property into whomsoever's hands it may come, to take possession of it, to take it in payment, to sell it or to cause it to be sold and thus to have a preference upon the proceeds of the sale, according to the rank as determined in this code. the quebec hypotheque, essentially equivalent to an american non - possessory lien or english legal charge, is an elastic, hypothecatory security interest that has all the rights of recourse ( jus exigendi ) of an american lien - theory mortgage or english mortgage by way of legal charge, may also be taken over movable and / or immovable property alike, and must be perfected ( i. e. registered ). the types as set forth in the civil code are : hypotheques conventionnelles ( art. 2681 ) - mortgage lien or legal charge ( acting as a mortgage ) hypotheque immobiliere - american real estate mortgage ( rem ) or english mortgage of land hypotheque mobiliere ( art. 2702 ) - australian personal property security ( pps ) hypotheque mobiliere sur une creance ( art. 2710 ) - credit mortgage hypotheque ouverte ( art. 2715 ) - american floating lien or english floating charge ( in europe, hypotheque ouverte refers to an open - end mortgage ) hypotheques legales ( art. 2724 ) - involuntary lien or equitable charge equivalent to the american tax lien, mechanic's or construction lien, home owner's association lien, and judgment lien. the qc. civ. code also provides for another real security called a priorite, formerly known as a privilege ( as it is still known in france, louisiana, etc. ), defined
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
hypothecary debt. sometimes consumer goods and business equipment can be bought on credit agreements involving hypothecation β the goods are legally owned by the borrower, but once again the creditor can seize them if required. rehypothecation occurs when entities re - use the collateral to secure their own borrowing. for the creditor the collateral not only mitigates the credit risk but also allows refinancing more easily or at lower rates ; in an initial hypothecation contract, however, the debtor can restrict such re - use of the collateral. = = hypothec in mixed legal systems = = under a handful of mixed legal systems, the hypothec was imported as a non - possessory real security over movable property ( in opposition to the common - law chattel mortgage ). in the mixed legal systems of some other countries ( e. g. scots law, south african law ) it may cover any corporeal movables, securities or intangible assets. whereas a pledge operates by bailment and transfers possession on delivery and a chattel mortgage operates by conveyance and transfers title, a hypothec operates by hypothecation and transfers neither possession nor title. the name and the principle have passed into scotland's civil law system, which distinguishes between conventional hypothecs, as bottomry and respondentia, and tacit hypothecs established by law. of the latter the most important is the landlord's hypothec for rent ( corresponding to distress in the law of england ), which extends over the produce of the land and the cattle and sheep fed on it, and over stock and horses used in husbandry. in the us, the legal right for the creditor to take ownership of the collateral if the debtor defaults is classified as a lien. the most common form of hypothecation is a repo transaction : the creditor gives a loan to the debtor and receives in return the possession ( not the ownership ) of a financial asset until the maturity of the loan. a reverse repo is a hypothecation'in the reverse direction': creditor and debtor swap roles. when an investor asks a broker to purchase securities on margin, hypothecation can occur in two senses. first, the purchased assets can be hypothecated so that, if the investor fails to keep up credit repayments, the broker can sell
with regard to the company, which are claimed to be true at both the time of signing and the time of closing. sellers often attempt to craft their representations and warranties with knowledge qualifiers, dictating the level of knowledge applicable and which seller parties'knowledge is relevant. some agreements provide that if the representations and warranties by the seller prove to be false, the buyer may claim a refund of part of the purchase price, as is common in transactions involving privately held companies ( although in most acquisition agreements involving public company targets, the representations and warranties of the seller do not survive the closing ). representations regarding a target company's net working capital are a common source of post - closing disputes. covenants, which govern the conduct of the parties, both before the closing ( such as covenants that restrict the operations of the business between signing and closing ) and after the closing ( such as covenants regarding future income tax filings and tax liability or post - closing restrictions agreed to by the buyer and seller parties ). termination rights, which may be triggered by a breach of contract, a failure to satisfy certain conditions or the passage of a certain period of time without consummating the transaction, and fees and damages payable in case of a termination for certain events ( also known as breakup fees ). provisions relating to obtaining required shareholder approvals under state law and related sec filings required under federal law, if applicable, and terms related to the mechanics of the legal transactions to be consummated at closing ( such as the determination and allocation of the purchase price ) and post - closing adjustments ( such as adjustments after the final determination of working capital at closing or earnout payments payable to the sellers ), repayment of outstanding debt, and the treatment of outstanding shares, options and other equity interests ). an indemnification provision, which provides that an indemnitor will indemnify, defend, and hold harmless the indemnitee ( s ) for losses incurred by the indemnitees as a result of the indemnitor's breach of its contractual obligations in the purchase agreement following the closing of a deal, adjustments may be made to some of the provisions outlined in the purchase agreement, such as the purchase price. these adjustments are subject to enforceability issues in certain situations. alternatively, certain transactions use the'locked box'approach, where the purchase price is fixed at signing and based on the seller's equity value at a pre - signing date and an interest charge. =
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 β 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 β zeitschrift fur geodasie, geoinformation und landmanagement, 2016 ministry of land reform : guide to namibia β s flexible land tenure act, 2012 ( act no. 4 of 2012 ), windhoek, 2016
Answer:
|
the failure of VanMeer to insure his interest as the purchaser of Highacre precludes any relief for him.
| 0.3 |
Realco Realtors acquired a large tract of land upon which Realco developed a mobile home subdivision. The tract was divided into 60 lots, appropriate utilities were installed, and a plat of the entire tract, including a Declaration of Restrictions, was properly drawn and recorded. The Declaration of Restrictions included the following: "3. Ownership and/or occupancy are restricted to persons 21 years of age or over, one family per lot." As the separate lots were sold, the deed to each lot included the following provision: "As shown on recorded plat [properly identified by page and plat book reference] and subject to the restrictions therein contained." One of the lots was purchased by Dawson, who now resides in a mobile home on the lot together with his wife and two children, aged 11 and 13. Other lot owners in the subdivision brought action against Dawson to enjoin further occupancy by the children under 21 years of age. If judgment is for Dawson, the issue that most likely will determine the case will be whether
0. the mobile home is treated as personalty or realty.
1. the restriction constitutes an unlawful restraint on alienation.
2. enforcement of the restriction is considered a violation of the equal protection clause of the Fourteenth Amendment of the United States Constitution.
3. the terms of the restriction are expressly repeated verbatim in Dawson's dee
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 β regardless of whether it be by a municipality or an organized residential community, like a homeowner'association or a community trust. : 707 β 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 β like utilities, recreational facilities, schools, and parks β 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 = =
' s association lien, and judgment lien. the qc. civ. code also provides for another real security called a priorite, formerly known as a privilege ( as it is still known in france, louisiana, etc. ), defined as follows : a preferential right allowing a creditor to rank prior to all other concurrent creditors, even prior secured creditors [... ] ( art. 2650 ) more specifically, a quebec priorite is a non - possessory, indivisible, unregistrable ( i. e. un - perfectable ) real security arising by operation of law alone merely providing a priority right over the security subject. when attaching to movable property, this security interest most closely matches the hypothec as defined at the head of this article. the primary priorites correspond to the american vendor's lien, lien for court costs, municipal lien, and possessory lien ( over movables ). = = = = california = = = = under california civil code section Β§ 2920 ( a ), a mortgage is a contract by which specific property, including an estate for years in real property, is hypothecated for the performance of an act, without the necessity of a change of possession. = = see also = = security interest β hypothecation securities lending eurohypothec mortgage law hypothecated tax = = notes = = = = 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 β 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
s $ 6 million ( Β£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
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:
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enforcement of the restriction is considered a violation of the equal protection clause of the Fourteenth Amendment of the United States Constitution.
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Realco Realtors acquired a large tract of land upon which Realco developed a mobile home subdivision. The tract was divided into 60 lots, appropriate utilities were installed, and a plat of the entire tract, including a Declaration of Restrictions, was properly drawn and recorded. The Declaration of Restrictions included the following: "3. Ownership and/or occupancy are restricted to persons 21 years of age or over, one family per lot." As the separate lots were sold, the deed to each lot included the following provision: "As shown on recorded plat [properly identified by page and plat book reference] and subject to the restrictions therein contained." One of the lots was purchased by Dawson, who now resides in a mobile home on the lot together with his wife and two children, aged 11 and 13. Other lot owners in the subdivision brought action against Dawson to enjoin further occupancy by the children under 21 years of age. If judgment is for Dawson, the issue that most likely will determine the case will be whether
0. the mobile home is treated as personalty or realty.
1. the restriction constitutes an unlawful restraint on alienation.
2. enforcement of the restriction is considered a violation of the equal protection clause of the Fourteenth Amendment of the United States Constitution.
3. the terms of the restriction are expressly repeated verbatim in Dawson's dee
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 β regardless of whether it be by a municipality or an organized residential community, like a homeowner'association or a community trust. : 707 β 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 β like utilities, recreational facilities, schools, and parks β 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 = =
' s association lien, and judgment lien. the qc. civ. code also provides for another real security called a priorite, formerly known as a privilege ( as it is still known in france, louisiana, etc. ), defined as follows : a preferential right allowing a creditor to rank prior to all other concurrent creditors, even prior secured creditors [... ] ( art. 2650 ) more specifically, a quebec priorite is a non - possessory, indivisible, unregistrable ( i. e. un - perfectable ) real security arising by operation of law alone merely providing a priority right over the security subject. when attaching to movable property, this security interest most closely matches the hypothec as defined at the head of this article. the primary priorites correspond to the american vendor's lien, lien for court costs, municipal lien, and possessory lien ( over movables ). = = = = california = = = = under california civil code section Β§ 2920 ( a ), a mortgage is a contract by which specific property, including an estate for years in real property, is hypothecated for the performance of an act, without the necessity of a change of possession. = = see also = = security interest β hypothecation securities lending eurohypothec mortgage law hypothecated tax = = notes = = = = 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 β 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
s $ 6 million ( Β£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
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:
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the terms of the restriction are expressly repeated verbatim in Dawson's dee
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Defendant became intoxicated at a bar. He got into his car and drove away. Within a few blocks, craving another drink, he stopped his car in the middle of the street, picked up a brick, and broke the display window of a liquor store. As he was reaching for a bottle, the night watchman arrived. Startled, Defendant turned and struck the watchman on the head with the bottle, killing him. Only vaguely aware of what was happening, Defendant returned to his car, consumed more liquor, and then drove off at a high speed. He ran a red light and struck and killed a pedestrian who was crossing the street. Relevant statutes define burglary to include "breaking and entering a building not used as a dwelling with the intent to commit a crime therein." Manslaughter is defined as the "killing of a human being in a criminally reckless manner." Criminal recklessness is "consciously disregarding a substantial and unjustifiable risk resulting from the actor's conduct." Murder is defined as "the premeditated and intentional killing of another or the killing of another in the commission of committing rape, robbery, burglary, or arson." Another statute provides that intoxication is not a defense to crime unless it negates an element of the offense. Defendant was charged with the murder of the watchman and manslaughter in the death of the pedestrian. Assume that he is tried separately on each charge "At Defendant's trial for the murder of the watchman, the court should in substance charge the jury on the issue of the defense of intoxication that
0. intoxication is a defense to the underlying crime of burglary if Defendant, due to drunkenness, did not form an intent to commit a crime within the building, in which case there can be no conviction for murder unless Defendant intentionally and with premeditation killed the watchman.
1. voluntary intoxication is not a defense to the crime of murder.
2. Defendant is guilty of murder despite his intoxication only if the state proves beyond a reasonable doubt that the killing of the watchman was premeditated and intentional.
3. voluntary intoxication is a defense to the crime of murder if Defendant would not have killed the watchman but for his intoxication
, 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
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 ;
a victimless crime is an illegal act that typically either directly involves only the perpetrator or occurs between consenting adults. because it is consensual in nature, whether there involves a victim is a matter of debate. definitions of victimless crimes vary in different parts of the world and different law systems, but usually include possession of any illegal contraband, recreational drug use, prostitution and prohibited sexual behavior between consenting adults, assisted suicide, and smuggling among other similar infractions. in politics, a lobbyist or an activist might use the term victimless crime with the implication that the law in question should be abolished. victimless crimes are, in the harm principle of john stuart mill, " victimless " from a position that considers the individual as the sole sovereign, to the exclusion of more abstract bodies such as a community or a state against which criminal offenses may be directed. they may be considered offenses against the state rather than society. = = definition = = according to the university of chicago's vice scholar, jim leitzel, three characteristics can be used to identify whether a crime is a victimless crime : if the act is excessive, is indicative of a distinct pattern of behavior, and its adverse effects impact only the person who has engaged in it. in theory, each polity determines its own laws so as to maximize the happiness of its citizens. but as knowledge, behavior and values change, laws in most countries lag greatly behind these social changes. once a majority believes that the law is unnecessary, this law prohibits a victimless crime, until it is repealed. = = examples = = many victimless crimes begin because of a desire to obtain illegal products or services that are in high demand. criminal penalties thus tend to limit the supply more than the demand, driving up the black - market price and creating monopoly profits for those criminals who remain in business. this " crime tariff " encourages the growth of sophisticated and well - organized criminal groups. organized crime in turn tends to diversify into other areas of crime. large profits provide ample funds for bribery of public officials, as well as capital for diversification. the war on drugs is a commonly cited example of prosecution of victimless crime. the reasoning behind this is that drug use does not directly harm other people. one 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
articles related to criminology and law enforcement. = = a = = acquittal β addiction β age of consent β age of criminal responsibility β aging offender β allocute β alloplastic adaptation β american academy of forensic sciences β animal abuse β animus nocendi β anomie theory β answer ( law ) β anthropometry β antisocial behaviour order β antisocial personality disorder β arson β asbo β asocial personality β assassination β assault β assault causing bodily harm β assault occasioning actual bodily harm β asset forfeiture β automatism β autoplastic adaptation β autopsy = = b = = ballistics β battered child syndrome β battered woman syndrome β battery β behavior theory β jeremy bentham β alphonse bertillon β binge drinking β biosocial criminology β blackmail β blunt force trauma β bodily harm β body cavity search β born criminal β breaking and entering β british society of criminology - zebulon reed brockway β broken windows thesis β burglary = = c = = capital punishment β carjacking β case law β causes and correlates of crime β celerity β chain of custody β chemical castration β child abuse β child neglect β child sexual abuse β chronic mentally ill offender β civil law β clandestine abuse β classical school of criminology β closed - circuit television β cohort analysis β community policing β community service β compulsive gambling β computational criminology β computer abuse β computer bulletin board β computer crime β computer forensics β computer - related crime β conflict perspective β consensual crime β consensus model ( criminal justice ) β conspiracy β constitutive criminology β contact rapist β conviction rate β coroner β corporal punishment β correctional psychology β counterfeiting β cpted β crime β crime against humanity β crime index β crime mapping β crime of passion β crime rate β crime statistics β criminal anthropology β criminal homicide β criminal insanity β criminal justice β criminal justice system β criminal law β criminal negligence β criminal record β criminal tattoos β criminal threatening β criminalistics β criminalization β criminaloid β criminology β criminology of place β critical criminology β culture conflict β cycle of violence = = d = = dangerous drug β dangerousness β date - rape drug β daubert standard β death penalty β deconstructionist theories β decriminalization β defense of justification β defensible space β detective β deterrence β deterrence strategy β deviance β differential association β domestic violence
alcohol intoxication, commonly described in higher doses as drunkenness or inebriation, and known in overdose as alcohol poisoning, is the behavior and physical effects caused by recent consumption of alcohol. the technical term intoxication in common speech may suggest that a large amount of alcohol has been consumed, leading to accompanying physical symptoms and deleterious health effects. mild intoxication is mostly referred to by slang terms such as tipsy or buzzed. in addition to the toxicity of ethanol, the main psychoactive component of alcoholic beverages, other physiological symptoms may arise from the activity of acetaldehyde, a metabolite of alcohol. these effects may not arise until hours after ingestion and may contribute to a condition colloquially known as a hangover. symptoms of intoxication at lower doses may include mild sedation and poor coordination. at higher doses, there may be slurred speech, trouble walking, impaired vision, mood swings and vomiting. extreme doses may result in a respiratory depression, coma, or death. complications may include seizures, aspiration pneumonia, low blood sugar, and injuries or self - harm such as suicide. alcohol intoxication can lead to alcohol - related crime with perpetrators more likely to be intoxicated than victims. alcohol intoxication typically begins after two or more alcoholic drinks. alcohol has the potential for abuse. risk factors include a social situation where heavy drinking is common and a person having an impulsive personality. diagnosis is usually based on the history of events and physical examination. verification of events by witnesses may be useful. legally, alcohol intoxication is often defined as a blood alcohol concentration ( bac ) of greater than 5. 4 β 17. 4 mmol / l ( 25 β 80 mg / dl or 0. 025 β 0. 080 % ). this can be measured by blood or breath testing. alcohol is broken down in the human body at a rate of about 3. 3 mmol / l ( 15 mg / dl ) per hour, depending on an individual's metabolic rate ( metabolism ). the dsm - 5 defines alcohol intoxication as at least one of the following symptoms that developed during or close after alcohol ingestion : slurred speech, incoordination, unsteady walking / movement, nystagmus ( uncontrolled eye movement ), attention or memory impairment, or near unconsciousness or coma. management of alcohol intoxication involves supportive care. typically this includes putting the person in the recovery position, keeping the
Answer:
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intoxication is a defense to the underlying crime of burglary if Defendant, due to drunkenness, did not form an intent to commit a crime within the building, in which case there can be no conviction for murder unless Defendant intentionally and with premeditation killed the watchman.
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Defendant became intoxicated at a bar. He got into his car and drove away. Within a few blocks, craving another drink, he stopped his car in the middle of the street, picked up a brick, and broke the display window of a liquor store. As he was reaching for a bottle, the night watchman arrived. Startled, Defendant turned and struck the watchman on the head with the bottle, killing him. Only vaguely aware of what was happening, Defendant returned to his car, consumed more liquor, and then drove off at a high speed. He ran a red light and struck and killed a pedestrian who was crossing the street. Relevant statutes define burglary to include "breaking and entering a building not used as a dwelling with the intent to commit a crime therein." Manslaughter is defined as the "killing of a human being in a criminally reckless manner." Criminal recklessness is "consciously disregarding a substantial and unjustifiable risk resulting from the actor's conduct." Murder is defined as "the premeditated and intentional killing of another or the killing of another in the commission of committing rape, robbery, burglary, or arson." Another statute provides that intoxication is not a defense to crime unless it negates an element of the offense. Defendant was charged with the murder of the watchman and manslaughter in the death of the pedestrian. Assume that he is tried separately on each charge "At Defendant's trial for the murder of the watchman, the court should in substance charge the jury on the issue of the defense of intoxication that
0. intoxication is a defense to the underlying crime of burglary if Defendant, due to drunkenness, did not form an intent to commit a crime within the building, in which case there can be no conviction for murder unless Defendant intentionally and with premeditation killed the watchman.
1. voluntary intoxication is not a defense to the crime of murder.
2. Defendant is guilty of murder despite his intoxication only if the state proves beyond a reasonable doubt that the killing of the watchman was premeditated and intentional.
3. voluntary intoxication is a defense to the crime of murder if Defendant would not have killed the watchman but for his intoxication
, 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
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 ;
a victimless crime is an illegal act that typically either directly involves only the perpetrator or occurs between consenting adults. because it is consensual in nature, whether there involves a victim is a matter of debate. definitions of victimless crimes vary in different parts of the world and different law systems, but usually include possession of any illegal contraband, recreational drug use, prostitution and prohibited sexual behavior between consenting adults, assisted suicide, and smuggling among other similar infractions. in politics, a lobbyist or an activist might use the term victimless crime with the implication that the law in question should be abolished. victimless crimes are, in the harm principle of john stuart mill, " victimless " from a position that considers the individual as the sole sovereign, to the exclusion of more abstract bodies such as a community or a state against which criminal offenses may be directed. they may be considered offenses against the state rather than society. = = definition = = according to the university of chicago's vice scholar, jim leitzel, three characteristics can be used to identify whether a crime is a victimless crime : if the act is excessive, is indicative of a distinct pattern of behavior, and its adverse effects impact only the person who has engaged in it. in theory, each polity determines its own laws so as to maximize the happiness of its citizens. but as knowledge, behavior and values change, laws in most countries lag greatly behind these social changes. once a majority believes that the law is unnecessary, this law prohibits a victimless crime, until it is repealed. = = examples = = many victimless crimes begin because of a desire to obtain illegal products or services that are in high demand. criminal penalties thus tend to limit the supply more than the demand, driving up the black - market price and creating monopoly profits for those criminals who remain in business. this " crime tariff " encourages the growth of sophisticated and well - organized criminal groups. organized crime in turn tends to diversify into other areas of crime. large profits provide ample funds for bribery of public officials, as well as capital for diversification. the war on drugs is a commonly cited example of prosecution of victimless crime. the reasoning behind this is that drug use does not directly harm other people. one 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
articles related to criminology and law enforcement. = = a = = acquittal β addiction β age of consent β age of criminal responsibility β aging offender β allocute β alloplastic adaptation β american academy of forensic sciences β animal abuse β animus nocendi β anomie theory β answer ( law ) β anthropometry β antisocial behaviour order β antisocial personality disorder β arson β asbo β asocial personality β assassination β assault β assault causing bodily harm β assault occasioning actual bodily harm β asset forfeiture β automatism β autoplastic adaptation β autopsy = = b = = ballistics β battered child syndrome β battered woman syndrome β battery β behavior theory β jeremy bentham β alphonse bertillon β binge drinking β biosocial criminology β blackmail β blunt force trauma β bodily harm β body cavity search β born criminal β breaking and entering β british society of criminology - zebulon reed brockway β broken windows thesis β burglary = = c = = capital punishment β carjacking β case law β causes and correlates of crime β celerity β chain of custody β chemical castration β child abuse β child neglect β child sexual abuse β chronic mentally ill offender β civil law β clandestine abuse β classical school of criminology β closed - circuit television β cohort analysis β community policing β community service β compulsive gambling β computational criminology β computer abuse β computer bulletin board β computer crime β computer forensics β computer - related crime β conflict perspective β consensual crime β consensus model ( criminal justice ) β conspiracy β constitutive criminology β contact rapist β conviction rate β coroner β corporal punishment β correctional psychology β counterfeiting β cpted β crime β crime against humanity β crime index β crime mapping β crime of passion β crime rate β crime statistics β criminal anthropology β criminal homicide β criminal insanity β criminal justice β criminal justice system β criminal law β criminal negligence β criminal record β criminal tattoos β criminal threatening β criminalistics β criminalization β criminaloid β criminology β criminology of place β critical criminology β culture conflict β cycle of violence = = d = = dangerous drug β dangerousness β date - rape drug β daubert standard β death penalty β deconstructionist theories β decriminalization β defense of justification β defensible space β detective β deterrence β deterrence strategy β deviance β differential association β domestic violence
alcohol intoxication, commonly described in higher doses as drunkenness or inebriation, and known in overdose as alcohol poisoning, is the behavior and physical effects caused by recent consumption of alcohol. the technical term intoxication in common speech may suggest that a large amount of alcohol has been consumed, leading to accompanying physical symptoms and deleterious health effects. mild intoxication is mostly referred to by slang terms such as tipsy or buzzed. in addition to the toxicity of ethanol, the main psychoactive component of alcoholic beverages, other physiological symptoms may arise from the activity of acetaldehyde, a metabolite of alcohol. these effects may not arise until hours after ingestion and may contribute to a condition colloquially known as a hangover. symptoms of intoxication at lower doses may include mild sedation and poor coordination. at higher doses, there may be slurred speech, trouble walking, impaired vision, mood swings and vomiting. extreme doses may result in a respiratory depression, coma, or death. complications may include seizures, aspiration pneumonia, low blood sugar, and injuries or self - harm such as suicide. alcohol intoxication can lead to alcohol - related crime with perpetrators more likely to be intoxicated than victims. alcohol intoxication typically begins after two or more alcoholic drinks. alcohol has the potential for abuse. risk factors include a social situation where heavy drinking is common and a person having an impulsive personality. diagnosis is usually based on the history of events and physical examination. verification of events by witnesses may be useful. legally, alcohol intoxication is often defined as a blood alcohol concentration ( bac ) of greater than 5. 4 β 17. 4 mmol / l ( 25 β 80 mg / dl or 0. 025 β 0. 080 % ). this can be measured by blood or breath testing. alcohol is broken down in the human body at a rate of about 3. 3 mmol / l ( 15 mg / dl ) per hour, depending on an individual's metabolic rate ( metabolism ). the dsm - 5 defines alcohol intoxication as at least one of the following symptoms that developed during or close after alcohol ingestion : slurred speech, incoordination, unsteady walking / movement, nystagmus ( uncontrolled eye movement ), attention or memory impairment, or near unconsciousness or coma. management of alcohol intoxication involves supportive care. typically this includes putting the person in the recovery position, keeping the
Answer:
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voluntary intoxication is not a defense to the crime of murder.
| 0.3 |
Defendant became intoxicated at a bar. He got into his car and drove away. Within a few blocks, craving another drink, he stopped his car in the middle of the street, picked up a brick, and broke the display window of a liquor store. As he was reaching for a bottle, the night watchman arrived. Startled, Defendant turned and struck the watchman on the head with the bottle, killing him. Only vaguely aware of what was happening, Defendant returned to his car, consumed more liquor, and then drove off at a high speed. He ran a red light and struck and killed a pedestrian who was crossing the street. Relevant statutes define burglary to include "breaking and entering a building not used as a dwelling with the intent to commit a crime therein." Manslaughter is defined as the "killing of a human being in a criminally reckless manner." Criminal recklessness is "consciously disregarding a substantial and unjustifiable risk resulting from the actor's conduct." Murder is defined as "the premeditated and intentional killing of another or the killing of another in the commission of committing rape, robbery, burglary, or arson." Another statute provides that intoxication is not a defense to crime unless it negates an element of the offense. Defendant was charged with the murder of the watchman and manslaughter in the death of the pedestrian. Assume that he is tried separately on each charge "At Defendant's trial on the charge of manslaughter in the death of the pedestrian, his best argument would be that
0. he was too intoxicated to realize that he was creating a substantial and unjustifiable risk in the manner in which he was operating his car.
1. when he got into the car, his acts were not voluntary because he was too intoxicated to know where he was or what he was doing.
2. the pedestrian was contributorily negligent in failing to see Defendant's car approaching.
3. he was too intoxicated to form any intent to voluntarily operate the automobil
, 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
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 ;
a victimless crime is an illegal act that typically either directly involves only the perpetrator or occurs between consenting adults. because it is consensual in nature, whether there involves a victim is a matter of debate. definitions of victimless crimes vary in different parts of the world and different law systems, but usually include possession of any illegal contraband, recreational drug use, prostitution and prohibited sexual behavior between consenting adults, assisted suicide, and smuggling among other similar infractions. in politics, a lobbyist or an activist might use the term victimless crime with the implication that the law in question should be abolished. victimless crimes are, in the harm principle of john stuart mill, " victimless " from a position that considers the individual as the sole sovereign, to the exclusion of more abstract bodies such as a community or a state against which criminal offenses may be directed. they may be considered offenses against the state rather than society. = = definition = = according to the university of chicago's vice scholar, jim leitzel, three characteristics can be used to identify whether a crime is a victimless crime : if the act is excessive, is indicative of a distinct pattern of behavior, and its adverse effects impact only the person who has engaged in it. in theory, each polity determines its own laws so as to maximize the happiness of its citizens. but as knowledge, behavior and values change, laws in most countries lag greatly behind these social changes. once a majority believes that the law is unnecessary, this law prohibits a victimless crime, until it is repealed. = = examples = = many victimless crimes begin because of a desire to obtain illegal products or services that are in high demand. criminal penalties thus tend to limit the supply more than the demand, driving up the black - market price and creating monopoly profits for those criminals who remain in business. this " crime tariff " encourages the growth of sophisticated and well - organized criminal groups. organized crime in turn tends to diversify into other areas of crime. large profits provide ample funds for bribery of public officials, as well as capital for diversification. the war on drugs is a commonly cited example of prosecution of victimless crime. the reasoning behind this is that drug use does not directly harm other people. one 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
articles related to criminology and law enforcement. = = a = = acquittal β addiction β age of consent β age of criminal responsibility β aging offender β allocute β alloplastic adaptation β american academy of forensic sciences β animal abuse β animus nocendi β anomie theory β answer ( law ) β anthropometry β antisocial behaviour order β antisocial personality disorder β arson β asbo β asocial personality β assassination β assault β assault causing bodily harm β assault occasioning actual bodily harm β asset forfeiture β automatism β autoplastic adaptation β autopsy = = b = = ballistics β battered child syndrome β battered woman syndrome β battery β behavior theory β jeremy bentham β alphonse bertillon β binge drinking β biosocial criminology β blackmail β blunt force trauma β bodily harm β body cavity search β born criminal β breaking and entering β british society of criminology - zebulon reed brockway β broken windows thesis β burglary = = c = = capital punishment β carjacking β case law β causes and correlates of crime β celerity β chain of custody β chemical castration β child abuse β child neglect β child sexual abuse β chronic mentally ill offender β civil law β clandestine abuse β classical school of criminology β closed - circuit television β cohort analysis β community policing β community service β compulsive gambling β computational criminology β computer abuse β computer bulletin board β computer crime β computer forensics β computer - related crime β conflict perspective β consensual crime β consensus model ( criminal justice ) β conspiracy β constitutive criminology β contact rapist β conviction rate β coroner β corporal punishment β correctional psychology β counterfeiting β cpted β crime β crime against humanity β crime index β crime mapping β crime of passion β crime rate β crime statistics β criminal anthropology β criminal homicide β criminal insanity β criminal justice β criminal justice system β criminal law β criminal negligence β criminal record β criminal tattoos β criminal threatening β criminalistics β criminalization β criminaloid β criminology β criminology of place β critical criminology β culture conflict β cycle of violence = = d = = dangerous drug β dangerousness β date - rape drug β daubert standard β death penalty β deconstructionist theories β decriminalization β defense of justification β defensible space β detective β deterrence β deterrence strategy β deviance β differential association β domestic violence
alcohol intoxication, commonly described in higher doses as drunkenness or inebriation, and known in overdose as alcohol poisoning, is the behavior and physical effects caused by recent consumption of alcohol. the technical term intoxication in common speech may suggest that a large amount of alcohol has been consumed, leading to accompanying physical symptoms and deleterious health effects. mild intoxication is mostly referred to by slang terms such as tipsy or buzzed. in addition to the toxicity of ethanol, the main psychoactive component of alcoholic beverages, other physiological symptoms may arise from the activity of acetaldehyde, a metabolite of alcohol. these effects may not arise until hours after ingestion and may contribute to a condition colloquially known as a hangover. symptoms of intoxication at lower doses may include mild sedation and poor coordination. at higher doses, there may be slurred speech, trouble walking, impaired vision, mood swings and vomiting. extreme doses may result in a respiratory depression, coma, or death. complications may include seizures, aspiration pneumonia, low blood sugar, and injuries or self - harm such as suicide. alcohol intoxication can lead to alcohol - related crime with perpetrators more likely to be intoxicated than victims. alcohol intoxication typically begins after two or more alcoholic drinks. alcohol has the potential for abuse. risk factors include a social situation where heavy drinking is common and a person having an impulsive personality. diagnosis is usually based on the history of events and physical examination. verification of events by witnesses may be useful. legally, alcohol intoxication is often defined as a blood alcohol concentration ( bac ) of greater than 5. 4 β 17. 4 mmol / l ( 25 β 80 mg / dl or 0. 025 β 0. 080 % ). this can be measured by blood or breath testing. alcohol is broken down in the human body at a rate of about 3. 3 mmol / l ( 15 mg / dl ) per hour, depending on an individual's metabolic rate ( metabolism ). the dsm - 5 defines alcohol intoxication as at least one of the following symptoms that developed during or close after alcohol ingestion : slurred speech, incoordination, unsteady walking / movement, nystagmus ( uncontrolled eye movement ), attention or memory impairment, or near unconsciousness or coma. management of alcohol intoxication involves supportive care. typically this includes putting the person in the recovery position, keeping the
Answer:
|
he was too intoxicated to realize that he was creating a substantial and unjustifiable risk in the manner in which he was operating his car.
| null |
Defendant became intoxicated at a bar. He got into his car and drove away. Within a few blocks, craving another drink, he stopped his car in the middle of the street, picked up a brick, and broke the display window of a liquor store. As he was reaching for a bottle, the night watchman arrived. Startled, Defendant turned and struck the watchman on the head with the bottle, killing him. Only vaguely aware of what was happening, Defendant returned to his car, consumed more liquor, and then drove off at a high speed. He ran a red light and struck and killed a pedestrian who was crossing the street. Relevant statutes define burglary to include "breaking and entering a building not used as a dwelling with the intent to commit a crime therein." Manslaughter is defined as the "killing of a human being in a criminally reckless manner." Criminal recklessness is "consciously disregarding a substantial and unjustifiable risk resulting from the actor's conduct." Murder is defined as "the premeditated and intentional killing of another or the killing of another in the commission of committing rape, robbery, burglary, or arson." Another statute provides that intoxication is not a defense to crime unless it negates an element of the offense. Defendant was charged with the murder of the watchman and manslaughter in the death of the pedestrian. Assume that he is tried separately on each charge "At Defendant's trial on the charge of manslaughter in the death of the pedestrian, his best argument would be that
0. he was too intoxicated to realize that he was creating a substantial and unjustifiable risk in the manner in which he was operating his car.
1. when he got into the car, his acts were not voluntary because he was too intoxicated to know where he was or what he was doing.
2. the pedestrian was contributorily negligent in failing to see Defendant's car approaching.
3. he was too intoxicated to form any intent to voluntarily operate the automobil
, 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
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 ;
a victimless crime is an illegal act that typically either directly involves only the perpetrator or occurs between consenting adults. because it is consensual in nature, whether there involves a victim is a matter of debate. definitions of victimless crimes vary in different parts of the world and different law systems, but usually include possession of any illegal contraband, recreational drug use, prostitution and prohibited sexual behavior between consenting adults, assisted suicide, and smuggling among other similar infractions. in politics, a lobbyist or an activist might use the term victimless crime with the implication that the law in question should be abolished. victimless crimes are, in the harm principle of john stuart mill, " victimless " from a position that considers the individual as the sole sovereign, to the exclusion of more abstract bodies such as a community or a state against which criminal offenses may be directed. they may be considered offenses against the state rather than society. = = definition = = according to the university of chicago's vice scholar, jim leitzel, three characteristics can be used to identify whether a crime is a victimless crime : if the act is excessive, is indicative of a distinct pattern of behavior, and its adverse effects impact only the person who has engaged in it. in theory, each polity determines its own laws so as to maximize the happiness of its citizens. but as knowledge, behavior and values change, laws in most countries lag greatly behind these social changes. once a majority believes that the law is unnecessary, this law prohibits a victimless crime, until it is repealed. = = examples = = many victimless crimes begin because of a desire to obtain illegal products or services that are in high demand. criminal penalties thus tend to limit the supply more than the demand, driving up the black - market price and creating monopoly profits for those criminals who remain in business. this " crime tariff " encourages the growth of sophisticated and well - organized criminal groups. organized crime in turn tends to diversify into other areas of crime. large profits provide ample funds for bribery of public officials, as well as capital for diversification. the war on drugs is a commonly cited example of prosecution of victimless crime. the reasoning behind this is that drug use does not directly harm other people. one 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
articles related to criminology and law enforcement. = = a = = acquittal β addiction β age of consent β age of criminal responsibility β aging offender β allocute β alloplastic adaptation β american academy of forensic sciences β animal abuse β animus nocendi β anomie theory β answer ( law ) β anthropometry β antisocial behaviour order β antisocial personality disorder β arson β asbo β asocial personality β assassination β assault β assault causing bodily harm β assault occasioning actual bodily harm β asset forfeiture β automatism β autoplastic adaptation β autopsy = = b = = ballistics β battered child syndrome β battered woman syndrome β battery β behavior theory β jeremy bentham β alphonse bertillon β binge drinking β biosocial criminology β blackmail β blunt force trauma β bodily harm β body cavity search β born criminal β breaking and entering β british society of criminology - zebulon reed brockway β broken windows thesis β burglary = = c = = capital punishment β carjacking β case law β causes and correlates of crime β celerity β chain of custody β chemical castration β child abuse β child neglect β child sexual abuse β chronic mentally ill offender β civil law β clandestine abuse β classical school of criminology β closed - circuit television β cohort analysis β community policing β community service β compulsive gambling β computational criminology β computer abuse β computer bulletin board β computer crime β computer forensics β computer - related crime β conflict perspective β consensual crime β consensus model ( criminal justice ) β conspiracy β constitutive criminology β contact rapist β conviction rate β coroner β corporal punishment β correctional psychology β counterfeiting β cpted β crime β crime against humanity β crime index β crime mapping β crime of passion β crime rate β crime statistics β criminal anthropology β criminal homicide β criminal insanity β criminal justice β criminal justice system β criminal law β criminal negligence β criminal record β criminal tattoos β criminal threatening β criminalistics β criminalization β criminaloid β criminology β criminology of place β critical criminology β culture conflict β cycle of violence = = d = = dangerous drug β dangerousness β date - rape drug β daubert standard β death penalty β deconstructionist theories β decriminalization β defense of justification β defensible space β detective β deterrence β deterrence strategy β deviance β differential association β domestic violence
alcohol intoxication, commonly described in higher doses as drunkenness or inebriation, and known in overdose as alcohol poisoning, is the behavior and physical effects caused by recent consumption of alcohol. the technical term intoxication in common speech may suggest that a large amount of alcohol has been consumed, leading to accompanying physical symptoms and deleterious health effects. mild intoxication is mostly referred to by slang terms such as tipsy or buzzed. in addition to the toxicity of ethanol, the main psychoactive component of alcoholic beverages, other physiological symptoms may arise from the activity of acetaldehyde, a metabolite of alcohol. these effects may not arise until hours after ingestion and may contribute to a condition colloquially known as a hangover. symptoms of intoxication at lower doses may include mild sedation and poor coordination. at higher doses, there may be slurred speech, trouble walking, impaired vision, mood swings and vomiting. extreme doses may result in a respiratory depression, coma, or death. complications may include seizures, aspiration pneumonia, low blood sugar, and injuries or self - harm such as suicide. alcohol intoxication can lead to alcohol - related crime with perpetrators more likely to be intoxicated than victims. alcohol intoxication typically begins after two or more alcoholic drinks. alcohol has the potential for abuse. risk factors include a social situation where heavy drinking is common and a person having an impulsive personality. diagnosis is usually based on the history of events and physical examination. verification of events by witnesses may be useful. legally, alcohol intoxication is often defined as a blood alcohol concentration ( bac ) of greater than 5. 4 β 17. 4 mmol / l ( 25 β 80 mg / dl or 0. 025 β 0. 080 % ). this can be measured by blood or breath testing. alcohol is broken down in the human body at a rate of about 3. 3 mmol / l ( 15 mg / dl ) per hour, depending on an individual's metabolic rate ( metabolism ). the dsm - 5 defines alcohol intoxication as at least one of the following symptoms that developed during or close after alcohol ingestion : slurred speech, incoordination, unsteady walking / movement, nystagmus ( uncontrolled eye movement ), attention or memory impairment, or near unconsciousness or coma. management of alcohol intoxication involves supportive care. typically this includes putting the person in the recovery position, keeping the
Answer:
|
he was too intoxicated to form any intent to voluntarily operate the automobil
| 0.3 |
Defendant became intoxicated at a bar. He got into his car and drove away. Within a few blocks, craving another drink, he stopped his car in the middle of the street, picked up a brick, and broke the display window of a liquor store. As he was reaching for a bottle, the night watchman arrived. Startled, Defendant turned and struck the watchman on the head with the bottle, killing him. Only vaguely aware of what was happening, Defendant returned to his car, consumed more liquor, and then drove off at a high speed. He ran a red light and struck and killed a pedestrian who was crossing the street. Relevant statutes define burglary to include "breaking and entering a building not used as a dwelling with the intent to commit a crime therein." Manslaughter is defined as the "killing of a human being in a criminally reckless manner." Criminal recklessness is "consciously disregarding a substantial and unjustifiable risk resulting from the actor's conduct." Murder is defined as "the premeditated and intentional killing of another or the killing of another in the commission of committing rape, robbery, burglary, or arson." Another statute provides that intoxication is not a defense to crime unless it negates an element of the offense. Defendant was charged with the murder of the watchman and manslaughter in the death of the pedestrian. Assume that he is tried separately on each charge "The state's best argument to counter Defendant's argument in Question 137 on the intoxication issue in the manslaughter death of the pedestrian is that
0. intoxication is no defense to the crime charged, because manslaughter is historically a general intent crime.
1. intoxication is a defense only to a specific intent crime, and no specific intent is involved in the definition of the crime of manslaughter.
2. conscious risk-taking refers to Defendant's entire course of conduct, including drinking with the knowledge that he might become intoxicated and seriously injure or kill someone while driving.
3. whether Defendant was intoxicated or not is not the crucial issue here; the real issue is whether the manner in which Defendant was operating his car can be characterized under the facts as criminally reckless
, 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
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 ;
a victimless crime is an illegal act that typically either directly involves only the perpetrator or occurs between consenting adults. because it is consensual in nature, whether there involves a victim is a matter of debate. definitions of victimless crimes vary in different parts of the world and different law systems, but usually include possession of any illegal contraband, recreational drug use, prostitution and prohibited sexual behavior between consenting adults, assisted suicide, and smuggling among other similar infractions. in politics, a lobbyist or an activist might use the term victimless crime with the implication that the law in question should be abolished. victimless crimes are, in the harm principle of john stuart mill, " victimless " from a position that considers the individual as the sole sovereign, to the exclusion of more abstract bodies such as a community or a state against which criminal offenses may be directed. they may be considered offenses against the state rather than society. = = definition = = according to the university of chicago's vice scholar, jim leitzel, three characteristics can be used to identify whether a crime is a victimless crime : if the act is excessive, is indicative of a distinct pattern of behavior, and its adverse effects impact only the person who has engaged in it. in theory, each polity determines its own laws so as to maximize the happiness of its citizens. but as knowledge, behavior and values change, laws in most countries lag greatly behind these social changes. once a majority believes that the law is unnecessary, this law prohibits a victimless crime, until it is repealed. = = examples = = many victimless crimes begin because of a desire to obtain illegal products or services that are in high demand. criminal penalties thus tend to limit the supply more than the demand, driving up the black - market price and creating monopoly profits for those criminals who remain in business. this " crime tariff " encourages the growth of sophisticated and well - organized criminal groups. organized crime in turn tends to diversify into other areas of crime. large profits provide ample funds for bribery of public officials, as well as capital for diversification. the war on drugs is a commonly cited example of prosecution of victimless crime. the reasoning behind this is that drug use does not directly harm other people. one 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
articles related to criminology and law enforcement. = = a = = acquittal β addiction β age of consent β age of criminal responsibility β aging offender β allocute β alloplastic adaptation β american academy of forensic sciences β animal abuse β animus nocendi β anomie theory β answer ( law ) β anthropometry β antisocial behaviour order β antisocial personality disorder β arson β asbo β asocial personality β assassination β assault β assault causing bodily harm β assault occasioning actual bodily harm β asset forfeiture β automatism β autoplastic adaptation β autopsy = = b = = ballistics β battered child syndrome β battered woman syndrome β battery β behavior theory β jeremy bentham β alphonse bertillon β binge drinking β biosocial criminology β blackmail β blunt force trauma β bodily harm β body cavity search β born criminal β breaking and entering β british society of criminology - zebulon reed brockway β broken windows thesis β burglary = = c = = capital punishment β carjacking β case law β causes and correlates of crime β celerity β chain of custody β chemical castration β child abuse β child neglect β child sexual abuse β chronic mentally ill offender β civil law β clandestine abuse β classical school of criminology β closed - circuit television β cohort analysis β community policing β community service β compulsive gambling β computational criminology β computer abuse β computer bulletin board β computer crime β computer forensics β computer - related crime β conflict perspective β consensual crime β consensus model ( criminal justice ) β conspiracy β constitutive criminology β contact rapist β conviction rate β coroner β corporal punishment β correctional psychology β counterfeiting β cpted β crime β crime against humanity β crime index β crime mapping β crime of passion β crime rate β crime statistics β criminal anthropology β criminal homicide β criminal insanity β criminal justice β criminal justice system β criminal law β criminal negligence β criminal record β criminal tattoos β criminal threatening β criminalistics β criminalization β criminaloid β criminology β criminology of place β critical criminology β culture conflict β cycle of violence = = d = = dangerous drug β dangerousness β date - rape drug β daubert standard β death penalty β deconstructionist theories β decriminalization β defense of justification β defensible space β detective β deterrence β deterrence strategy β deviance β differential association β domestic violence
alcohol intoxication, commonly described in higher doses as drunkenness or inebriation, and known in overdose as alcohol poisoning, is the behavior and physical effects caused by recent consumption of alcohol. the technical term intoxication in common speech may suggest that a large amount of alcohol has been consumed, leading to accompanying physical symptoms and deleterious health effects. mild intoxication is mostly referred to by slang terms such as tipsy or buzzed. in addition to the toxicity of ethanol, the main psychoactive component of alcoholic beverages, other physiological symptoms may arise from the activity of acetaldehyde, a metabolite of alcohol. these effects may not arise until hours after ingestion and may contribute to a condition colloquially known as a hangover. symptoms of intoxication at lower doses may include mild sedation and poor coordination. at higher doses, there may be slurred speech, trouble walking, impaired vision, mood swings and vomiting. extreme doses may result in a respiratory depression, coma, or death. complications may include seizures, aspiration pneumonia, low blood sugar, and injuries or self - harm such as suicide. alcohol intoxication can lead to alcohol - related crime with perpetrators more likely to be intoxicated than victims. alcohol intoxication typically begins after two or more alcoholic drinks. alcohol has the potential for abuse. risk factors include a social situation where heavy drinking is common and a person having an impulsive personality. diagnosis is usually based on the history of events and physical examination. verification of events by witnesses may be useful. legally, alcohol intoxication is often defined as a blood alcohol concentration ( bac ) of greater than 5. 4 β 17. 4 mmol / l ( 25 β 80 mg / dl or 0. 025 β 0. 080 % ). this can be measured by blood or breath testing. alcohol is broken down in the human body at a rate of about 3. 3 mmol / l ( 15 mg / dl ) per hour, depending on an individual's metabolic rate ( metabolism ). the dsm - 5 defines alcohol intoxication as at least one of the following symptoms that developed during or close after alcohol ingestion : slurred speech, incoordination, unsteady walking / movement, nystagmus ( uncontrolled eye movement ), attention or memory impairment, or near unconsciousness or coma. management of alcohol intoxication involves supportive care. typically this includes putting the person in the recovery position, keeping the
Answer:
|
conscious risk-taking refers to Defendant's entire course of conduct, including drinking with the knowledge that he might become intoxicated and seriously injure or kill someone while driving.
| null |
Defendant became intoxicated at a bar. He got into his car and drove away. Within a few blocks, craving another drink, he stopped his car in the middle of the street, picked up a brick, and broke the display window of a liquor store. As he was reaching for a bottle, the night watchman arrived. Startled, Defendant turned and struck the watchman on the head with the bottle, killing him. Only vaguely aware of what was happening, Defendant returned to his car, consumed more liquor, and then drove off at a high speed. He ran a red light and struck and killed a pedestrian who was crossing the street. Relevant statutes define burglary to include "breaking and entering a building not used as a dwelling with the intent to commit a crime therein." Manslaughter is defined as the "killing of a human being in a criminally reckless manner." Criminal recklessness is "consciously disregarding a substantial and unjustifiable risk resulting from the actor's conduct." Murder is defined as "the premeditated and intentional killing of another or the killing of another in the commission of committing rape, robbery, burglary, or arson." Another statute provides that intoxication is not a defense to crime unless it negates an element of the offense. Defendant was charged with the murder of the watchman and manslaughter in the death of the pedestrian. Assume that he is tried separately on each charge "The state's best argument to counter Defendant's argument in Question 137 on the intoxication issue in the manslaughter death of the pedestrian is that
0. intoxication is no defense to the crime charged, because manslaughter is historically a general intent crime.
1. intoxication is a defense only to a specific intent crime, and no specific intent is involved in the definition of the crime of manslaughter.
2. conscious risk-taking refers to Defendant's entire course of conduct, including drinking with the knowledge that he might become intoxicated and seriously injure or kill someone while driving.
3. whether Defendant was intoxicated or not is not the crucial issue here; the real issue is whether the manner in which Defendant was operating his car can be characterized under the facts as criminally reckless
, 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
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 ;
a victimless crime is an illegal act that typically either directly involves only the perpetrator or occurs between consenting adults. because it is consensual in nature, whether there involves a victim is a matter of debate. definitions of victimless crimes vary in different parts of the world and different law systems, but usually include possession of any illegal contraband, recreational drug use, prostitution and prohibited sexual behavior between consenting adults, assisted suicide, and smuggling among other similar infractions. in politics, a lobbyist or an activist might use the term victimless crime with the implication that the law in question should be abolished. victimless crimes are, in the harm principle of john stuart mill, " victimless " from a position that considers the individual as the sole sovereign, to the exclusion of more abstract bodies such as a community or a state against which criminal offenses may be directed. they may be considered offenses against the state rather than society. = = definition = = according to the university of chicago's vice scholar, jim leitzel, three characteristics can be used to identify whether a crime is a victimless crime : if the act is excessive, is indicative of a distinct pattern of behavior, and its adverse effects impact only the person who has engaged in it. in theory, each polity determines its own laws so as to maximize the happiness of its citizens. but as knowledge, behavior and values change, laws in most countries lag greatly behind these social changes. once a majority believes that the law is unnecessary, this law prohibits a victimless crime, until it is repealed. = = examples = = many victimless crimes begin because of a desire to obtain illegal products or services that are in high demand. criminal penalties thus tend to limit the supply more than the demand, driving up the black - market price and creating monopoly profits for those criminals who remain in business. this " crime tariff " encourages the growth of sophisticated and well - organized criminal groups. organized crime in turn tends to diversify into other areas of crime. large profits provide ample funds for bribery of public officials, as well as capital for diversification. the war on drugs is a commonly cited example of prosecution of victimless crime. the reasoning behind this is that drug use does not directly harm other people. one 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
articles related to criminology and law enforcement. = = a = = acquittal β addiction β age of consent β age of criminal responsibility β aging offender β allocute β alloplastic adaptation β american academy of forensic sciences β animal abuse β animus nocendi β anomie theory β answer ( law ) β anthropometry β antisocial behaviour order β antisocial personality disorder β arson β asbo β asocial personality β assassination β assault β assault causing bodily harm β assault occasioning actual bodily harm β asset forfeiture β automatism β autoplastic adaptation β autopsy = = b = = ballistics β battered child syndrome β battered woman syndrome β battery β behavior theory β jeremy bentham β alphonse bertillon β binge drinking β biosocial criminology β blackmail β blunt force trauma β bodily harm β body cavity search β born criminal β breaking and entering β british society of criminology - zebulon reed brockway β broken windows thesis β burglary = = c = = capital punishment β carjacking β case law β causes and correlates of crime β celerity β chain of custody β chemical castration β child abuse β child neglect β child sexual abuse β chronic mentally ill offender β civil law β clandestine abuse β classical school of criminology β closed - circuit television β cohort analysis β community policing β community service β compulsive gambling β computational criminology β computer abuse β computer bulletin board β computer crime β computer forensics β computer - related crime β conflict perspective β consensual crime β consensus model ( criminal justice ) β conspiracy β constitutive criminology β contact rapist β conviction rate β coroner β corporal punishment β correctional psychology β counterfeiting β cpted β crime β crime against humanity β crime index β crime mapping β crime of passion β crime rate β crime statistics β criminal anthropology β criminal homicide β criminal insanity β criminal justice β criminal justice system β criminal law β criminal negligence β criminal record β criminal tattoos β criminal threatening β criminalistics β criminalization β criminaloid β criminology β criminology of place β critical criminology β culture conflict β cycle of violence = = d = = dangerous drug β dangerousness β date - rape drug β daubert standard β death penalty β deconstructionist theories β decriminalization β defense of justification β defensible space β detective β deterrence β deterrence strategy β deviance β differential association β domestic violence
alcohol intoxication, commonly described in higher doses as drunkenness or inebriation, and known in overdose as alcohol poisoning, is the behavior and physical effects caused by recent consumption of alcohol. the technical term intoxication in common speech may suggest that a large amount of alcohol has been consumed, leading to accompanying physical symptoms and deleterious health effects. mild intoxication is mostly referred to by slang terms such as tipsy or buzzed. in addition to the toxicity of ethanol, the main psychoactive component of alcoholic beverages, other physiological symptoms may arise from the activity of acetaldehyde, a metabolite of alcohol. these effects may not arise until hours after ingestion and may contribute to a condition colloquially known as a hangover. symptoms of intoxication at lower doses may include mild sedation and poor coordination. at higher doses, there may be slurred speech, trouble walking, impaired vision, mood swings and vomiting. extreme doses may result in a respiratory depression, coma, or death. complications may include seizures, aspiration pneumonia, low blood sugar, and injuries or self - harm such as suicide. alcohol intoxication can lead to alcohol - related crime with perpetrators more likely to be intoxicated than victims. alcohol intoxication typically begins after two or more alcoholic drinks. alcohol has the potential for abuse. risk factors include a social situation where heavy drinking is common and a person having an impulsive personality. diagnosis is usually based on the history of events and physical examination. verification of events by witnesses may be useful. legally, alcohol intoxication is often defined as a blood alcohol concentration ( bac ) of greater than 5. 4 β 17. 4 mmol / l ( 25 β 80 mg / dl or 0. 025 β 0. 080 % ). this can be measured by blood or breath testing. alcohol is broken down in the human body at a rate of about 3. 3 mmol / l ( 15 mg / dl ) per hour, depending on an individual's metabolic rate ( metabolism ). the dsm - 5 defines alcohol intoxication as at least one of the following symptoms that developed during or close after alcohol ingestion : slurred speech, incoordination, unsteady walking / movement, nystagmus ( uncontrolled eye movement ), attention or memory impairment, or near unconsciousness or coma. management of alcohol intoxication involves supportive care. typically this includes putting the person in the recovery position, keeping the
Answer:
|
whether Defendant was intoxicated or not is not the crucial issue here; the real issue is whether the manner in which Defendant was operating his car can be characterized under the facts as criminally reckless
| 0.3 |
The Federal Automobile Safety Act establishes certain safety and performance standards for all automobiles manufactured in the United States. The Act creates a five-member "Automobile Commission" to investigate automobile safety, to make recommendations to Congress for new laws, to make further rules establishing safety and performance standards, and to prosecute violations of the act. The chairman is appointed by the President, two members are selected by the President pro tempore of the Senate, and two members are selected by the Speaker of the House of Representatives. Minicar, Inc., a minor United States car manufacturer, seeks to enjoin enforcement of the Commission's rules"The best argument that Minicar can make is that
0. legislative power may not be delegated by Congress to an agency in the absence of clear guidelines.
1. the commerce power does not extend to the manufacture of automobiles not used in interstate commerce.
2. Minicar is denied due process of law because it is not represented on the Commission.
3. the Commission lacks authority to enforce its standards because not all of its members were appointed by the President
exclude coverage for commercial use of insured vehicles either through a livery and public transportation exclusion or a specific " personal vehicle sharing program " exclusion, in 2011, california was the first u. s. state to pass assembly bill 1871, which allowed private car sharing. several other states in the u. s. have passed legislation allowing individuals to share their cars without risk of losing their personal car insurance. these include california, oregon, washington, maryland, and colorado. = = prohibitions = = in the u. s., new york is the only state that does not allow peer - to - peer car rental because the owner cannot exclude him or herself from liability to a renter. = = ecological impact = = peer - to - peer car sharing has the potential to reduce the number of vehicles on the road and lower pollution levels. = = see also = = = = notes and references = =
exclude coverage for commercial use of insured vehicles either through a livery and public transportation exclusion or a specific " personal vehicle sharing program " exclusion, in 2011, california was the first u. s. state to pass assembly bill 1871, which allowed private car sharing. several other states in the u. s. have passed legislation allowing individuals to share their cars without risk of losing their personal car insurance. these include california, oregon, washington, maryland, and colorado. = = prohibitions = = in the u. s., new york is the only state that does not allow peer - to - peer car rental because the owner cannot exclude him or herself from liability to a renter. = = ecological impact = = peer - to - peer car sharing has the potential to reduce the number of vehicles on the road and lower pollution levels. = = see also = = = = notes and references = =
". = = = space = = = in the us, nasa developed an infrastructure for safety critical systems adopted widely by industry, both in north america and elsewhere, with a standard, supported by guidelines. the nasa standard and guidelines are built on iso 12207, which is a software practice standard rather than a safety critical standard, hence the extensive nature of the documentation nasa has been obliged to add, compared to using a purpose designed standard such as iec en 61508. a certification process for systems developed in accord with the nasa guidelines exists. = = = automotive = = = the automotive industry has developed iso 26262 " road vehicles functional safety standard " based on iec 61508. the certification of those systems ensures the compliance with the relevant regulations and helps to protect the public. the atex directive has also adopted a functional safety standard, it is bs en 50495 : 2010 " safety devices required for the safe functioning of equipment with respect to explosion risks " covers safety related devices such as purge controllers and ex e motor circuit breakers. it is applied by notified bodies under the atex directive. the standard iso 26262 particularly addresses the automotive development cycle. it is a multi - part standard defining requirements and providing guidelines for achieving functional safety in e / e systems installed in series production passenger cars. iso 26262 is considered a best - practice framework for achieving automotive functional safety. the compliance process usually takes time as employees need to be trained in order to develop the expected competencies. = = contemporary functional safety standards = = the primary functional safety standards in current use are listed below : iec en 61508 parts 1 to 7 is a core functional safety standard, applied widely to all types of safety critical e / e / ps and to systems with a safety function incorporating e / e / ps. uk defence standard 00 - 56 issue 2 us rtca do - 178c, north american avionics software us rtca do - 254, north american avionics hardware eurocae ed - 12b, european airborne flight safety systems iec 61513, nuclear power plants β instrumentation and control for systems important to safety β general requirements for systems, based on en 61508 iec 61511 - 1, functional safety β safety instrumented systems for the process industry sector β part 1 : framework, definitions, system, hardware and software requirements, based on en 61508 iec 61511 - 2, functional safety β safety instrumented systems for the process industry sector β part 2 : guidelines for the application of iec 61
78ccc ) and are subject to its regulations. some regulatory authority is further delegated to the financial industry regulatory authority ( finra ), a self - regulatory organization. many states also regulate broker - dealers under separate state securities laws ( called " blue sky laws " ). the 1934 act defines " broker " as " any person engaged in the business of effecting transactions in securities for the account of others ", and defines " dealer " as " any person engaged in the business of buying and selling securities for his own account, through a broker or otherwise ". under either definition, the person must be performing these functions as a business ; if conducting similar transactions on a private basis, they are considered a trader and subject to different requirements. when acting on behalf of customers, broker - dealers have a duty to obtain " best execution " of transactions, which generally means achieving the best economic price under the circumstances. on april 28, 2004, the sec voted unanimously to change the net capital rule which applies to broker - dealers, thus allowing those with " tentative net capital " of more than $ 5 billion to increase their leverage ratios. the rule change remains in effect, though subject to modifications. although broker - dealers often provide investment advice to their clients, in many situations they are exempt from registration under the u. s. investment advisers act of 1940, so long as ( i ) the investment advice is " solely incidental " to brokerage activities ; and ( ii ) the broker - dealer receives no " special compensation " for providing the investment advice. both elements of this exemption must be met to rely on it. many broker - dealers also serve primarily as distributors for mutual fund shares. these broker - dealers may be compensated in numerous ways and, like all broker - dealers, are subject to compliance with requirements of the securities and exchange commission and one or more self - regulatory organizations, such as the financial industry regulatory authority ( finra ). the forms of compensation may be sales loads from investors, or rule 12b - 1 fees or servicing fees paid by the mutual funds. there are several online portals that offer broker dealer assistance and search capabilities. = = = united kingdom = = = uk securities law uses the term intermediary to refer to businesses involved in the purchase and sale of securities for the account of others. the financial conduct authority authorises and regulates companies engaging in such activity as " regulated activities " under the financial services and markets act 2000. = = = japan = = = the common japanese term for a broker - dealer is " securities company
are challenged by the concept of unsafe speed because they find it vague and arbitrary. it is well known that people instead resolve such challenges by attribute substitution, which in this case can mean simply emulating the behaviors of others. in accord with the cultural theory of risk, indeed a substantial part of a driver's risk perception comes from comparing their contemplated conduct to the behavior of others ; this includes the safeness of a given speed, notwithstanding the actual risk. as a result of this uncorrected vagueness, group behavior can often be in opposition to safe speed and still be governing a hazardous posted speed limit. by federal law, posted speed limits are generally within 5 mph of the 85th - percentile speed of free - flowing traffic. functionality, this amounts to citizens " voting " a street's speed limit with their gas pedal from the influence of groupshift. as people generally follow explicit rules all the time of which they do not agree, it is often simply a jurisdiction's failure in their law to sufficiently quantify and disseminate fair notice of an explicit standard of care, such as the acda rule. most dmv driver manuals teach the practice, but far fewer states explicitly back it up in their actual statutes and law enforcement. if drivers were mindful of the acda, the operating speed would by definition not exceed the inferred design speed. in some cases, police focused on driving while " influenced ", pull over slower quartile sober night - time drivers moving no faster than they can stop within the radius of their headlights ; this discourages adjusting speed downward from anything but the posted " maximum speed " permitted by law β which is determined as previously described. it is often unsafe or illegal to drive in excess of 40 β 50 mph at night. = = " assurance " beyond proximate edge of clear visibility as transference of liability = = a general principle in liability doctrine is than an accident which would not have occurred except for the action or inaction of some person or entity contrary to a duty such as the exercise of proper care was the result of negligence. the liability space from which one can recover is typically, themselves, other parties, or nobody. jurisdictional exceptions permitting one to legally take " assurance " that the distance will be clear 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
Answer:
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the Commission lacks authority to enforce its standards because not all of its members were appointed by the President
| null |
The Federal Automobile Safety Act establishes certain safety and performance standards for all automobiles manufactured in the United States. The Act creates a five-member "Automobile Commission" to investigate automobile safety, to make recommendations to Congress for new laws, to make further rules establishing safety and performance standards, and to prosecute violations of the act. The chairman is appointed by the President, two members are selected by the President pro tempore of the Senate, and two members are selected by the Speaker of the House of Representatives. Minicar, Inc., a minor United States car manufacturer, seeks to enjoin enforcement of the Commission's rules"The best argument that Minicar can make is that
0. legislative power may not be delegated by Congress to an agency in the absence of clear guidelines.
1. the commerce power does not extend to the manufacture of automobiles not used in interstate commerce.
2. Minicar is denied due process of law because it is not represented on the Commission.
3. the Commission lacks authority to enforce its standards because not all of its members were appointed by the President
exclude coverage for commercial use of insured vehicles either through a livery and public transportation exclusion or a specific " personal vehicle sharing program " exclusion, in 2011, california was the first u. s. state to pass assembly bill 1871, which allowed private car sharing. several other states in the u. s. have passed legislation allowing individuals to share their cars without risk of losing their personal car insurance. these include california, oregon, washington, maryland, and colorado. = = prohibitions = = in the u. s., new york is the only state that does not allow peer - to - peer car rental because the owner cannot exclude him or herself from liability to a renter. = = ecological impact = = peer - to - peer car sharing has the potential to reduce the number of vehicles on the road and lower pollution levels. = = see also = = = = notes and references = =
exclude coverage for commercial use of insured vehicles either through a livery and public transportation exclusion or a specific " personal vehicle sharing program " exclusion, in 2011, california was the first u. s. state to pass assembly bill 1871, which allowed private car sharing. several other states in the u. s. have passed legislation allowing individuals to share their cars without risk of losing their personal car insurance. these include california, oregon, washington, maryland, and colorado. = = prohibitions = = in the u. s., new york is the only state that does not allow peer - to - peer car rental because the owner cannot exclude him or herself from liability to a renter. = = ecological impact = = peer - to - peer car sharing has the potential to reduce the number of vehicles on the road and lower pollution levels. = = see also = = = = notes and references = =
". = = = space = = = in the us, nasa developed an infrastructure for safety critical systems adopted widely by industry, both in north america and elsewhere, with a standard, supported by guidelines. the nasa standard and guidelines are built on iso 12207, which is a software practice standard rather than a safety critical standard, hence the extensive nature of the documentation nasa has been obliged to add, compared to using a purpose designed standard such as iec en 61508. a certification process for systems developed in accord with the nasa guidelines exists. = = = automotive = = = the automotive industry has developed iso 26262 " road vehicles functional safety standard " based on iec 61508. the certification of those systems ensures the compliance with the relevant regulations and helps to protect the public. the atex directive has also adopted a functional safety standard, it is bs en 50495 : 2010 " safety devices required for the safe functioning of equipment with respect to explosion risks " covers safety related devices such as purge controllers and ex e motor circuit breakers. it is applied by notified bodies under the atex directive. the standard iso 26262 particularly addresses the automotive development cycle. it is a multi - part standard defining requirements and providing guidelines for achieving functional safety in e / e systems installed in series production passenger cars. iso 26262 is considered a best - practice framework for achieving automotive functional safety. the compliance process usually takes time as employees need to be trained in order to develop the expected competencies. = = contemporary functional safety standards = = the primary functional safety standards in current use are listed below : iec en 61508 parts 1 to 7 is a core functional safety standard, applied widely to all types of safety critical e / e / ps and to systems with a safety function incorporating e / e / ps. uk defence standard 00 - 56 issue 2 us rtca do - 178c, north american avionics software us rtca do - 254, north american avionics hardware eurocae ed - 12b, european airborne flight safety systems iec 61513, nuclear power plants β instrumentation and control for systems important to safety β general requirements for systems, based on en 61508 iec 61511 - 1, functional safety β safety instrumented systems for the process industry sector β part 1 : framework, definitions, system, hardware and software requirements, based on en 61508 iec 61511 - 2, functional safety β safety instrumented systems for the process industry sector β part 2 : guidelines for the application of iec 61
78ccc ) and are subject to its regulations. some regulatory authority is further delegated to the financial industry regulatory authority ( finra ), a self - regulatory organization. many states also regulate broker - dealers under separate state securities laws ( called " blue sky laws " ). the 1934 act defines " broker " as " any person engaged in the business of effecting transactions in securities for the account of others ", and defines " dealer " as " any person engaged in the business of buying and selling securities for his own account, through a broker or otherwise ". under either definition, the person must be performing these functions as a business ; if conducting similar transactions on a private basis, they are considered a trader and subject to different requirements. when acting on behalf of customers, broker - dealers have a duty to obtain " best execution " of transactions, which generally means achieving the best economic price under the circumstances. on april 28, 2004, the sec voted unanimously to change the net capital rule which applies to broker - dealers, thus allowing those with " tentative net capital " of more than $ 5 billion to increase their leverage ratios. the rule change remains in effect, though subject to modifications. although broker - dealers often provide investment advice to their clients, in many situations they are exempt from registration under the u. s. investment advisers act of 1940, so long as ( i ) the investment advice is " solely incidental " to brokerage activities ; and ( ii ) the broker - dealer receives no " special compensation " for providing the investment advice. both elements of this exemption must be met to rely on it. many broker - dealers also serve primarily as distributors for mutual fund shares. these broker - dealers may be compensated in numerous ways and, like all broker - dealers, are subject to compliance with requirements of the securities and exchange commission and one or more self - regulatory organizations, such as the financial industry regulatory authority ( finra ). the forms of compensation may be sales loads from investors, or rule 12b - 1 fees or servicing fees paid by the mutual funds. there are several online portals that offer broker dealer assistance and search capabilities. = = = united kingdom = = = uk securities law uses the term intermediary to refer to businesses involved in the purchase and sale of securities for the account of others. the financial conduct authority authorises and regulates companies engaging in such activity as " regulated activities " under the financial services and markets act 2000. = = = japan = = = the common japanese term for a broker - dealer is " securities company
are challenged by the concept of unsafe speed because they find it vague and arbitrary. it is well known that people instead resolve such challenges by attribute substitution, which in this case can mean simply emulating the behaviors of others. in accord with the cultural theory of risk, indeed a substantial part of a driver's risk perception comes from comparing their contemplated conduct to the behavior of others ; this includes the safeness of a given speed, notwithstanding the actual risk. as a result of this uncorrected vagueness, group behavior can often be in opposition to safe speed and still be governing a hazardous posted speed limit. by federal law, posted speed limits are generally within 5 mph of the 85th - percentile speed of free - flowing traffic. functionality, this amounts to citizens " voting " a street's speed limit with their gas pedal from the influence of groupshift. as people generally follow explicit rules all the time of which they do not agree, it is often simply a jurisdiction's failure in their law to sufficiently quantify and disseminate fair notice of an explicit standard of care, such as the acda rule. most dmv driver manuals teach the practice, but far fewer states explicitly back it up in their actual statutes and law enforcement. if drivers were mindful of the acda, the operating speed would by definition not exceed the inferred design speed. in some cases, police focused on driving while " influenced ", pull over slower quartile sober night - time drivers moving no faster than they can stop within the radius of their headlights ; this discourages adjusting speed downward from anything but the posted " maximum speed " permitted by law β which is determined as previously described. it is often unsafe or illegal to drive in excess of 40 β 50 mph at night. = = " assurance " beyond proximate edge of clear visibility as transference of liability = = a general principle in liability doctrine is than an accident which would not have occurred except for the action or inaction of some person or entity contrary to a duty such as the exercise of proper care was the result of negligence. the liability space from which one can recover is typically, themselves, other parties, or nobody. jurisdictional exceptions permitting one to legally take " assurance " that the distance will be clear 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
Answer:
|
Minicar is denied due process of law because it is not represented on the Commission.
| 0.3 |
The Federal Automobile Safety Act establishes certain safety and performance standards for all automobiles manufactured in the United States. The Act creates a five-member "Automobile Commission" to investigate automobile safety, to make recommendations to Congress for new laws, to make further rules establishing safety and performance standards, and to prosecute violations of the act. The chairman is appointed by the President, two members are selected by the President pro tempore of the Senate, and two members are selected by the Speaker of the House of Representatives. Minicar, Inc., a minor United States car manufacturer, seeks to enjoin enforcement of the Commission's rules"The appropriate decision for the court is to
0. allow the Commission to continue investigating automobile safety and making recommendations to Congress.
1. allow the Commission to prosecute violations of the act but not allow it to issue rules.
2. forbid the Commission to take any action under the act.
3. order that all members of the Commission be appointed by the President by and with the advice and consent of the Senat
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
are challenged by the concept of unsafe speed because they find it vague and arbitrary. it is well known that people instead resolve such challenges by attribute substitution, which in this case can mean simply emulating the behaviors of others. in accord with the cultural theory of risk, indeed a substantial part of a driver's risk perception comes from comparing their contemplated conduct to the behavior of others ; this includes the safeness of a given speed, notwithstanding the actual risk. as a result of this uncorrected vagueness, group behavior can often be in opposition to safe speed and still be governing a hazardous posted speed limit. by federal law, posted speed limits are generally within 5 mph of the 85th - percentile speed of free - flowing traffic. functionality, this amounts to citizens " voting " a street's speed limit with their gas pedal from the influence of groupshift. as people generally follow explicit rules all the time of which they do not agree, it is often simply a jurisdiction's failure in their law to sufficiently quantify and disseminate fair notice of an explicit standard of care, such as the acda rule. most dmv driver manuals teach the practice, but far fewer states explicitly back it up in their actual statutes and law enforcement. if drivers were mindful of the acda, the operating speed would by definition not exceed the inferred design speed. in some cases, police focused on driving while " influenced ", pull over slower quartile sober night - time drivers moving no faster than they can stop within the radius of their headlights ; this discourages adjusting speed downward from anything but the posted " maximum speed " permitted by law β which is determined as previously described. it is often unsafe or illegal to drive in excess of 40 β 50 mph at night. = = " assurance " beyond proximate edge of clear visibility as transference of liability = = a general principle in liability doctrine is than an accident which would not have occurred except for the action or inaction of some person or entity contrary to a duty such as the exercise of proper care was the result of negligence. the liability space from which one can recover is typically, themselves, other parties, or nobody. jurisdictional exceptions permitting one to legally take " assurance " that the distance will be clear 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
". = = = space = = = in the us, nasa developed an infrastructure for safety critical systems adopted widely by industry, both in north america and elsewhere, with a standard, supported by guidelines. the nasa standard and guidelines are built on iso 12207, which is a software practice standard rather than a safety critical standard, hence the extensive nature of the documentation nasa has been obliged to add, compared to using a purpose designed standard such as iec en 61508. a certification process for systems developed in accord with the nasa guidelines exists. = = = automotive = = = the automotive industry has developed iso 26262 " road vehicles functional safety standard " based on iec 61508. the certification of those systems ensures the compliance with the relevant regulations and helps to protect the public. the atex directive has also adopted a functional safety standard, it is bs en 50495 : 2010 " safety devices required for the safe functioning of equipment with respect to explosion risks " covers safety related devices such as purge controllers and ex e motor circuit breakers. it is applied by notified bodies under the atex directive. the standard iso 26262 particularly addresses the automotive development cycle. it is a multi - part standard defining requirements and providing guidelines for achieving functional safety in e / e systems installed in series production passenger cars. iso 26262 is considered a best - practice framework for achieving automotive functional safety. the compliance process usually takes time as employees need to be trained in order to develop the expected competencies. = = contemporary functional safety standards = = the primary functional safety standards in current use are listed below : iec en 61508 parts 1 to 7 is a core functional safety standard, applied widely to all types of safety critical e / e / ps and to systems with a safety function incorporating e / e / ps. uk defence standard 00 - 56 issue 2 us rtca do - 178c, north american avionics software us rtca do - 254, north american avionics hardware eurocae ed - 12b, european airborne flight safety systems iec 61513, nuclear power plants β instrumentation and control for systems important to safety β general requirements for systems, based on en 61508 iec 61511 - 1, functional safety β safety instrumented systems for the process industry sector β part 1 : framework, definitions, system, hardware and software requirements, based on en 61508 iec 61511 - 2, functional safety β safety instrumented systems for the process industry sector β part 2 : guidelines for the application of iec 61
, fta, faa, fra, staff advisers from state departments of transportation, chambers of commerce with only a few unique exceptions nationwide, mpo policy committee members are not elected directly by citizens. rather, a policy committee member typically is an elected or appointed official of one of the mpo's constituent local jurisdictions. the policy committee member thus has legal authority to speak and act on behalf of that jurisdiction in the mpo setting. federal law, however, does not require members of an mpo policy committee to be representatives of the metropolitan areas'populations. systematic studies have found that mpo policy committees'representations of urban municipalities and disadvantaged minority populations in their areas are less than proportional to population. the policy committee's responsibilities include debating and making decisions on key mpo actions and issues, including adoption of the metropolitan long - range transportation plans, transportation improvement programs, annual planning work programs, budgets, and other policy documents. the policy committee also may play an active role in key decision points or milestones associated with mpo plans and studies, as well as conducting public hearings and meetings. an appointed advisory committee ( cac ) develops the recommendations for consideration by the policy committee and establishes a ranked proposal for work plans. most mpos also establish a technical committee to act as an advisory body to the policy committee for transportation issues that primarily are technical in nature. the technical committee interacts with the mpo's professional staff on technical matters related to planning, analysis tasks, and projects. through this work, the technical committee develops recommendations on projects and programs for policy committee consideration. metropolitan travel forecasting is one of the key roles that the technical committee supports. the technical committee typically comprises staff - level officials of local, state, and federal agencies. in addition, a technical committee may include representatives of interest groups, various transportation modes, and local citizens. a 2005 survey of mpos nationally commissioned in preparation of " special report 288 " of the transportation research board of the national academies found that " forecast by negotiation " was a common method of projecting future population and employment growth for use in travel forecasting, suggesting rent - seeking behavior on the part of mpo committees influencing the technical staff. usually mpos retain a core professional staff in order to ensure the ability to carry out the required metropolitan planning process in an effective and expeditious manner. the size and qualifications of this staff may vary by mpo, since no two metropolitan areas have identical planning needs most mpos, however, require at least some staff dedicated solely to mpo process oversight and
, fta, faa, fra, staff advisers from state departments of transportation, chambers of commerce with only a few unique exceptions nationwide, mpo policy committee members are not elected directly by citizens. rather, a policy committee member typically is an elected or appointed official of one of the mpo's constituent local jurisdictions. the policy committee member thus has legal authority to speak and act on behalf of that jurisdiction in the mpo setting. federal law, however, does not require members of an mpo policy committee to be representatives of the metropolitan areas'populations. systematic studies have found that mpo policy committees'representations of urban municipalities and disadvantaged minority populations in their areas are less than proportional to population. the policy committee's responsibilities include debating and making decisions on key mpo actions and issues, including adoption of the metropolitan long - range transportation plans, transportation improvement programs, annual planning work programs, budgets, and other policy documents. the policy committee also may play an active role in key decision points or milestones associated with mpo plans and studies, as well as conducting public hearings and meetings. an appointed advisory committee ( cac ) develops the recommendations for consideration by the policy committee and establishes a ranked proposal for work plans. most mpos also establish a technical committee to act as an advisory body to the policy committee for transportation issues that primarily are technical in nature. the technical committee interacts with the mpo's professional staff on technical matters related to planning, analysis tasks, and projects. through this work, the technical committee develops recommendations on projects and programs for policy committee consideration. metropolitan travel forecasting is one of the key roles that the technical committee supports. the technical committee typically comprises staff - level officials of local, state, and federal agencies. in addition, a technical committee may include representatives of interest groups, various transportation modes, and local citizens. a 2005 survey of mpos nationally commissioned in preparation of " special report 288 " of the transportation research board of the national academies found that " forecast by negotiation " was a common method of projecting future population and employment growth for use in travel forecasting, suggesting rent - seeking behavior on the part of mpo committees influencing the technical staff. usually mpos retain a core professional staff in order to ensure the ability to carry out the required metropolitan planning process in an effective and expeditious manner. the size and qualifications of this staff may vary by mpo, since no two metropolitan areas have identical planning needs most mpos, however, require at least some staff dedicated solely to mpo process oversight and
Answer:
|
allow the Commission to continue investigating automobile safety and making recommendations to Congress.
| null |
The Federal Automobile Safety Act establishes certain safety and performance standards for all automobiles manufactured in the United States. The Act creates a five-member "Automobile Commission" to investigate automobile safety, to make recommendations to Congress for new laws, to make further rules establishing safety and performance standards, and to prosecute violations of the act. The chairman is appointed by the President, two members are selected by the President pro tempore of the Senate, and two members are selected by the Speaker of the House of Representatives. Minicar, Inc., a minor United States car manufacturer, seeks to enjoin enforcement of the Commission's rules"The appropriate decision for the court is to
0. allow the Commission to continue investigating automobile safety and making recommendations to Congress.
1. allow the Commission to prosecute violations of the act but not allow it to issue rules.
2. forbid the Commission to take any action under the act.
3. order that all members of the Commission be appointed by the President by and with the advice and consent of the Senat
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
are challenged by the concept of unsafe speed because they find it vague and arbitrary. it is well known that people instead resolve such challenges by attribute substitution, which in this case can mean simply emulating the behaviors of others. in accord with the cultural theory of risk, indeed a substantial part of a driver's risk perception comes from comparing their contemplated conduct to the behavior of others ; this includes the safeness of a given speed, notwithstanding the actual risk. as a result of this uncorrected vagueness, group behavior can often be in opposition to safe speed and still be governing a hazardous posted speed limit. by federal law, posted speed limits are generally within 5 mph of the 85th - percentile speed of free - flowing traffic. functionality, this amounts to citizens " voting " a street's speed limit with their gas pedal from the influence of groupshift. as people generally follow explicit rules all the time of which they do not agree, it is often simply a jurisdiction's failure in their law to sufficiently quantify and disseminate fair notice of an explicit standard of care, such as the acda rule. most dmv driver manuals teach the practice, but far fewer states explicitly back it up in their actual statutes and law enforcement. if drivers were mindful of the acda, the operating speed would by definition not exceed the inferred design speed. in some cases, police focused on driving while " influenced ", pull over slower quartile sober night - time drivers moving no faster than they can stop within the radius of their headlights ; this discourages adjusting speed downward from anything but the posted " maximum speed " permitted by law β which is determined as previously described. it is often unsafe or illegal to drive in excess of 40 β 50 mph at night. = = " assurance " beyond proximate edge of clear visibility as transference of liability = = a general principle in liability doctrine is than an accident which would not have occurred except for the action or inaction of some person or entity contrary to a duty such as the exercise of proper care was the result of negligence. the liability space from which one can recover is typically, themselves, other parties, or nobody. jurisdictional exceptions permitting one to legally take " assurance " that the distance will be clear 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
". = = = space = = = in the us, nasa developed an infrastructure for safety critical systems adopted widely by industry, both in north america and elsewhere, with a standard, supported by guidelines. the nasa standard and guidelines are built on iso 12207, which is a software practice standard rather than a safety critical standard, hence the extensive nature of the documentation nasa has been obliged to add, compared to using a purpose designed standard such as iec en 61508. a certification process for systems developed in accord with the nasa guidelines exists. = = = automotive = = = the automotive industry has developed iso 26262 " road vehicles functional safety standard " based on iec 61508. the certification of those systems ensures the compliance with the relevant regulations and helps to protect the public. the atex directive has also adopted a functional safety standard, it is bs en 50495 : 2010 " safety devices required for the safe functioning of equipment with respect to explosion risks " covers safety related devices such as purge controllers and ex e motor circuit breakers. it is applied by notified bodies under the atex directive. the standard iso 26262 particularly addresses the automotive development cycle. it is a multi - part standard defining requirements and providing guidelines for achieving functional safety in e / e systems installed in series production passenger cars. iso 26262 is considered a best - practice framework for achieving automotive functional safety. the compliance process usually takes time as employees need to be trained in order to develop the expected competencies. = = contemporary functional safety standards = = the primary functional safety standards in current use are listed below : iec en 61508 parts 1 to 7 is a core functional safety standard, applied widely to all types of safety critical e / e / ps and to systems with a safety function incorporating e / e / ps. uk defence standard 00 - 56 issue 2 us rtca do - 178c, north american avionics software us rtca do - 254, north american avionics hardware eurocae ed - 12b, european airborne flight safety systems iec 61513, nuclear power plants β instrumentation and control for systems important to safety β general requirements for systems, based on en 61508 iec 61511 - 1, functional safety β safety instrumented systems for the process industry sector β part 1 : framework, definitions, system, hardware and software requirements, based on en 61508 iec 61511 - 2, functional safety β safety instrumented systems for the process industry sector β part 2 : guidelines for the application of iec 61
, fta, faa, fra, staff advisers from state departments of transportation, chambers of commerce with only a few unique exceptions nationwide, mpo policy committee members are not elected directly by citizens. rather, a policy committee member typically is an elected or appointed official of one of the mpo's constituent local jurisdictions. the policy committee member thus has legal authority to speak and act on behalf of that jurisdiction in the mpo setting. federal law, however, does not require members of an mpo policy committee to be representatives of the metropolitan areas'populations. systematic studies have found that mpo policy committees'representations of urban municipalities and disadvantaged minority populations in their areas are less than proportional to population. the policy committee's responsibilities include debating and making decisions on key mpo actions and issues, including adoption of the metropolitan long - range transportation plans, transportation improvement programs, annual planning work programs, budgets, and other policy documents. the policy committee also may play an active role in key decision points or milestones associated with mpo plans and studies, as well as conducting public hearings and meetings. an appointed advisory committee ( cac ) develops the recommendations for consideration by the policy committee and establishes a ranked proposal for work plans. most mpos also establish a technical committee to act as an advisory body to the policy committee for transportation issues that primarily are technical in nature. the technical committee interacts with the mpo's professional staff on technical matters related to planning, analysis tasks, and projects. through this work, the technical committee develops recommendations on projects and programs for policy committee consideration. metropolitan travel forecasting is one of the key roles that the technical committee supports. the technical committee typically comprises staff - level officials of local, state, and federal agencies. in addition, a technical committee may include representatives of interest groups, various transportation modes, and local citizens. a 2005 survey of mpos nationally commissioned in preparation of " special report 288 " of the transportation research board of the national academies found that " forecast by negotiation " was a common method of projecting future population and employment growth for use in travel forecasting, suggesting rent - seeking behavior on the part of mpo committees influencing the technical staff. usually mpos retain a core professional staff in order to ensure the ability to carry out the required metropolitan planning process in an effective and expeditious manner. the size and qualifications of this staff may vary by mpo, since no two metropolitan areas have identical planning needs most mpos, however, require at least some staff dedicated solely to mpo process oversight and
, fta, faa, fra, staff advisers from state departments of transportation, chambers of commerce with only a few unique exceptions nationwide, mpo policy committee members are not elected directly by citizens. rather, a policy committee member typically is an elected or appointed official of one of the mpo's constituent local jurisdictions. the policy committee member thus has legal authority to speak and act on behalf of that jurisdiction in the mpo setting. federal law, however, does not require members of an mpo policy committee to be representatives of the metropolitan areas'populations. systematic studies have found that mpo policy committees'representations of urban municipalities and disadvantaged minority populations in their areas are less than proportional to population. the policy committee's responsibilities include debating and making decisions on key mpo actions and issues, including adoption of the metropolitan long - range transportation plans, transportation improvement programs, annual planning work programs, budgets, and other policy documents. the policy committee also may play an active role in key decision points or milestones associated with mpo plans and studies, as well as conducting public hearings and meetings. an appointed advisory committee ( cac ) develops the recommendations for consideration by the policy committee and establishes a ranked proposal for work plans. most mpos also establish a technical committee to act as an advisory body to the policy committee for transportation issues that primarily are technical in nature. the technical committee interacts with the mpo's professional staff on technical matters related to planning, analysis tasks, and projects. through this work, the technical committee develops recommendations on projects and programs for policy committee consideration. metropolitan travel forecasting is one of the key roles that the technical committee supports. the technical committee typically comprises staff - level officials of local, state, and federal agencies. in addition, a technical committee may include representatives of interest groups, various transportation modes, and local citizens. a 2005 survey of mpos nationally commissioned in preparation of " special report 288 " of the transportation research board of the national academies found that " forecast by negotiation " was a common method of projecting future population and employment growth for use in travel forecasting, suggesting rent - seeking behavior on the part of mpo committees influencing the technical staff. usually mpos retain a core professional staff in order to ensure the ability to carry out the required metropolitan planning process in an effective and expeditious manner. the size and qualifications of this staff may vary by mpo, since no two metropolitan areas have identical planning needs most mpos, however, require at least some staff dedicated solely to mpo process oversight and
Answer:
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forbid the Commission to take any action under the act.
| 0.3 |
Johnson wanted to purchase a used motor vehicle. The used car lot of Car Company, in a remote section away from town, was enclosed by a 10-foot chainlink fence. While Johnson and Sales Representative, an employee of Car Company, were in the used car lot looking at cars, a security guard locked the gate at 1:30 p.m., because it was Saturday and the lot was supposed to be closed after 1:00 p.m. Saturday until Monday morning. At 1:45 p.m., Johnson and Sales Representative discovered that they were locked in. There was no traffic in the vicinity and no way in which help could be summoned. After two hours, Johnson began to panic at the prospect of remaining undiscovered and without food and water until Monday morning. Sales Representative decided to wait in a car until help should come. Johnson tried to climb over the fence and, in doing so, fell and was injured. Johnson asserts a claim against Car Company for damages for his injuries."If Johnson's claim is based on negligence, is the defense of assumption of the risk applicable?
0. Yes, if a reasonable person would have recognized that there was some risk of falling while climbing the fence.
1. Yes, because Sales Representative, as Car Company's agent, waited for help.
2. No, if it appeared that there was no other practicable way of getting out of the lot before Monday.
3. No, because Johnson was confined as the result of a volitional act
december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r. day ( december 1969 ). " assured clear distance doctrine in louisiana ". louisiana law review. 30 ( 1 ) : 129 β 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 β 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 β 48, 162 β 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
" 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 β 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 β 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 β 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 β 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 β 83. herbert a. bernhard ( december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r
, 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
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
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
Answer:
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No, if it appeared that there was no other practicable way of getting out of the lot before Monday.
| null |
Johnson wanted to purchase a used motor vehicle. The used car lot of Car Company, in a remote section away from town, was enclosed by a 10-foot chainlink fence. While Johnson and Sales Representative, an employee of Car Company, were in the used car lot looking at cars, a security guard locked the gate at 1:30 p.m., because it was Saturday and the lot was supposed to be closed after 1:00 p.m. Saturday until Monday morning. At 1:45 p.m., Johnson and Sales Representative discovered that they were locked in. There was no traffic in the vicinity and no way in which help could be summoned. After two hours, Johnson began to panic at the prospect of remaining undiscovered and without food and water until Monday morning. Sales Representative decided to wait in a car until help should come. Johnson tried to climb over the fence and, in doing so, fell and was injured. Johnson asserts a claim against Car Company for damages for his injuries."If Johnson's claim is based on negligence, is the defense of assumption of the risk applicable?
0. Yes, if a reasonable person would have recognized that there was some risk of falling while climbing the fence.
1. Yes, because Sales Representative, as Car Company's agent, waited for help.
2. No, if it appeared that there was no other practicable way of getting out of the lot before Monday.
3. No, because Johnson was confined as the result of a volitional act
december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r. day ( december 1969 ). " assured clear distance doctrine in louisiana ". louisiana law review. 30 ( 1 ) : 129 β 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 β 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 β 48, 162 β 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
" 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 β 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 β 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 β 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 β 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 β 83. herbert a. bernhard ( december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r
, 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
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
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
Answer:
|
No, because Johnson was confined as the result of a volitional act
| 0.3 |
Johnson wanted to purchase a used motor vehicle. The used car lot of Car Company, in a remote section away from town, was enclosed by a 10-foot chainlink fence. While Johnson and Sales Representative, an employee of Car Company, were in the used car lot looking at cars, a security guard locked the gate at 1:30 p.m., because it was Saturday and the lot was supposed to be closed after 1:00 p.m. Saturday until Monday morning. At 1:45 p.m., Johnson and Sales Representative discovered that they were locked in. There was no traffic in the vicinity and no way in which help could be summoned. After two hours, Johnson began to panic at the prospect of remaining undiscovered and without food and water until Monday morning. Sales Representative decided to wait in a car until help should come. Johnson tried to climb over the fence and, in doing so, fell and was injured. Johnson asserts a claim against Car Company for damages for his injuries."If Johnson's claim is based on false imprisonment, will Johnson prevail?
0. Yes, because he was confined against his will.
1. Yes, because he was harmed as a result of his confinement.
2. No, unless the security guard was negligent in locking the gate.
3. No, unless the security guard knew that someone was in the lot at the time the guard locked the gate
december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r. day ( december 1969 ). " assured clear distance doctrine in louisiana ". louisiana law review. 30 ( 1 ) : 129 β 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 β 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 β 48, 162 β 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
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
" 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 β 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 β 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 β 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 β 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 β 83. herbert a. bernhard ( december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r
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 he will open. if the host chooses uniformly at random between doors hiding a goat ( as is the case in the standard interpretation ), this probability indeed remains unchanged, but if the host can choose non - randomly between such doors, then the specific door that the host opens reveals additional information. the host can always open a door revealing a goat and ( in the standard interpretation of the problem ) the probability that the car is behind the initially chosen door does not change, but it is not because of the former that the latter is true. solutions based on the assertion that the host's actions cannot affect the probability that the car is behind the initially chosen appear persuasive, but the assertion is simply untrue unless both of the host's two choices are equally likely, if he has a choice. the assertion therefore needs to be justified ; without justification being given, the solution is at best incomplete. it can be the case that the answer is correct but the reasoning used to justify it is defective. = = solutions using conditional probability and other solutions = = the simple solutions above show that a player with a strategy of switching wins the car with overall probability 2 / 3, i. e., without taking account of which door was opened by the host. in accordance with this, most sources for the topic of probability calculate the conditional probabilities that the car is behind door 1 and door 2 to be 1 / 3 and 2 / 3 respectively given the contestant initially picks door 1 and the host opens door 3. the solutions in this section consider just those cases in which the player picked door 1 and the host opened door 3. = = = refining the simple solution = = = if we assume that the host opens a door at random, when given a choice, then which door the host opens gives us no information at all as to whether or not the car is behind door 1. in the simple solutions, we have already observed that the probability that the car is behind door 1, the door initially chosen by the player, is initially 1 / 3. moreover, the host is certainly going to open a ( different ) door, so opening a door ( which door is unspecified ) does not change this. 1 / 3 must be the average of : the probability that the car is behind door 1
in the brazilian chamber of deputies. in an interview in september 2024, hamilton stated he has been battling depression from the age of 13. = = = legal issues = = = hamilton was suspended from driving in france for a month on 18 december 2007 after being caught speeding at 196 km / h ( 122 mph ) on a french motorway. his mercedes - benz clk was also impounded. two days before the 2010 australian grand prix, victoria police witnessed hamilton " deliberately losing traction " in his silver mercedes - amg c63, and impounded the car for 48 hours. hamilton immediately released a statement of apology for " driving in an over - exuberant manner ". after being charged with intentionally losing control of a vehicle, hamilton was eventually fined a $ 500 ( Β£288 ), being described as a " hoon " by the magistrate. in 2017 hamilton's rights management company 44ip opposed swatch group's application to register a trade mark for " hamilton international " in europe for the sale of watches and timepieces. this was likely to have been encouraged, or even required, by hamilton's own watch sponsor. 44ip alleged that swatch group's application was made in bad faith and that it was contrary to " fair competition " in relation to 44ip's existing " lewis hamilton " mark. in 2020 the case was heard before the european union intellectual property office ( euipo ). the euipo rejected 44ip's arguments, ruling that there had been no bad faith by swatch group ( with " hamilton international " having been used on relevant goods since 1892 ) and that 44ip's " lewis hamilton " trade mark did not extend to the word " hamilton " alone for the purposes of protecting the existing mark. = = = residence = = = hamilton moved to luins, vaud, switzerland, in 2007, citing privacy as his main reason for leaving the uk. he later said on the television show parkinson that taxation was also a factor in his decision. in 2010, hamilton, like many other formula one drivers, moved to monaco, purchasing a house worth a reported Β£10 million. hamilton also owns an apartment in manhattan, which he bought for us $ 40 million, and an estate in colorado where he has said he would live after his retirement. = = = wealth and income = = = in 2015 hamilton was ranked as the richest british sportsperson, with an estimated personal fortune of Β£88 million. in 2018 it was reported that hamilton had a net worth of Β£1
Answer:
|
No, unless the security guard knew that someone was in the lot at the time the guard locked the gate
| null |
Johnson wanted to purchase a used motor vehicle. The used car lot of Car Company, in a remote section away from town, was enclosed by a 10-foot chainlink fence. While Johnson and Sales Representative, an employee of Car Company, were in the used car lot looking at cars, a security guard locked the gate at 1:30 p.m., because it was Saturday and the lot was supposed to be closed after 1:00 p.m. Saturday until Monday morning. At 1:45 p.m., Johnson and Sales Representative discovered that they were locked in. There was no traffic in the vicinity and no way in which help could be summoned. After two hours, Johnson began to panic at the prospect of remaining undiscovered and without food and water until Monday morning. Sales Representative decided to wait in a car until help should come. Johnson tried to climb over the fence and, in doing so, fell and was injured. Johnson asserts a claim against Car Company for damages for his injuries."If Johnson's claim is based on false imprisonment, will Johnson prevail?
0. Yes, because he was confined against his will.
1. Yes, because he was harmed as a result of his confinement.
2. No, unless the security guard was negligent in locking the gate.
3. No, unless the security guard knew that someone was in the lot at the time the guard locked the gate
december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r. day ( december 1969 ). " assured clear distance doctrine in louisiana ". louisiana law review. 30 ( 1 ) : 129 β 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 β 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 β 48, 162 β 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
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
" 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 β 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 β 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 β 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 β 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 β 83. herbert a. bernhard ( december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r
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 he will open. if the host chooses uniformly at random between doors hiding a goat ( as is the case in the standard interpretation ), this probability indeed remains unchanged, but if the host can choose non - randomly between such doors, then the specific door that the host opens reveals additional information. the host can always open a door revealing a goat and ( in the standard interpretation of the problem ) the probability that the car is behind the initially chosen door does not change, but it is not because of the former that the latter is true. solutions based on the assertion that the host's actions cannot affect the probability that the car is behind the initially chosen appear persuasive, but the assertion is simply untrue unless both of the host's two choices are equally likely, if he has a choice. the assertion therefore needs to be justified ; without justification being given, the solution is at best incomplete. it can be the case that the answer is correct but the reasoning used to justify it is defective. = = solutions using conditional probability and other solutions = = the simple solutions above show that a player with a strategy of switching wins the car with overall probability 2 / 3, i. e., without taking account of which door was opened by the host. in accordance with this, most sources for the topic of probability calculate the conditional probabilities that the car is behind door 1 and door 2 to be 1 / 3 and 2 / 3 respectively given the contestant initially picks door 1 and the host opens door 3. the solutions in this section consider just those cases in which the player picked door 1 and the host opened door 3. = = = refining the simple solution = = = if we assume that the host opens a door at random, when given a choice, then which door the host opens gives us no information at all as to whether or not the car is behind door 1. in the simple solutions, we have already observed that the probability that the car is behind door 1, the door initially chosen by the player, is initially 1 / 3. moreover, the host is certainly going to open a ( different ) door, so opening a door ( which door is unspecified ) does not change this. 1 / 3 must be the average of : the probability that the car is behind door 1
in the brazilian chamber of deputies. in an interview in september 2024, hamilton stated he has been battling depression from the age of 13. = = = legal issues = = = hamilton was suspended from driving in france for a month on 18 december 2007 after being caught speeding at 196 km / h ( 122 mph ) on a french motorway. his mercedes - benz clk was also impounded. two days before the 2010 australian grand prix, victoria police witnessed hamilton " deliberately losing traction " in his silver mercedes - amg c63, and impounded the car for 48 hours. hamilton immediately released a statement of apology for " driving in an over - exuberant manner ". after being charged with intentionally losing control of a vehicle, hamilton was eventually fined a $ 500 ( Β£288 ), being described as a " hoon " by the magistrate. in 2017 hamilton's rights management company 44ip opposed swatch group's application to register a trade mark for " hamilton international " in europe for the sale of watches and timepieces. this was likely to have been encouraged, or even required, by hamilton's own watch sponsor. 44ip alleged that swatch group's application was made in bad faith and that it was contrary to " fair competition " in relation to 44ip's existing " lewis hamilton " mark. in 2020 the case was heard before the european union intellectual property office ( euipo ). the euipo rejected 44ip's arguments, ruling that there had been no bad faith by swatch group ( with " hamilton international " having been used on relevant goods since 1892 ) and that 44ip's " lewis hamilton " trade mark did not extend to the word " hamilton " alone for the purposes of protecting the existing mark. = = = residence = = = hamilton moved to luins, vaud, switzerland, in 2007, citing privacy as his main reason for leaving the uk. he later said on the television show parkinson that taxation was also a factor in his decision. in 2010, hamilton, like many other formula one drivers, moved to monaco, purchasing a house worth a reported Β£10 million. hamilton also owns an apartment in manhattan, which he bought for us $ 40 million, and an estate in colorado where he has said he would live after his retirement. = = = wealth and income = = = in 2015 hamilton was ranked as the richest british sportsperson, with an estimated personal fortune of Β£88 million. in 2018 it was reported that hamilton had a net worth of Β£1
Answer:
|
Yes, because he was confined against his will.
| 0.3 |
Lester, the owner in fee simple of a small farm consisting of 30 acres of land improved with a house and several outbuildings, leased the same to Tanner for a 10-year period. After two years had expired, the government condemned 20 acres of the property and allocated the compensation award to Lester and Tanner according to their respective interest so taken. It so happened, however, that the 20 acres taken embraced all of the farm's tillable land, leaving only the house, outbuildings, and a small woodlot. There is no applicable statute in the jurisdiction where the property is located nor any provision in the lease relating to condemnation. Tanner quit possession, and Lester brought suit against him to recover rent. Lester will
0. lose, because there has been a frustration of purpose which excuses Tanner from further performance of his contract to pay rent.
1. lose, because there has been a breach of the implied covenant of quiet enjoyment by Lester's inability to provide Tanner with possession of the whole of the property for the entire term.
2. win, because of the implied warranty on the part of the tenant to return the demised premises in the same condition at the end of the term as they were at the beginning.
3. win, because the relationship of landlord and tenant was unaffected by the condemnation, thus leaving Tanner still obligated to pay rent.
and governmental entities and eventually evolved into cross - border leasing. one significant evolution of the leasing industry involved the collateralization of lease obligations in sale leaseback transactions. for example, a city would sell an asset to a bank. the bank would require lease payments and give the city an option to repurchase the asset. the lease obligations were low enough ( due to the depreciation deductions the banks were now claiming ) that the city could pay for the lease obligations and fund the repurchase of the asset by depositing most but not all of the sale proceeds in an interest - bearing account. this resulted in the city having pre - funded all of its lease obligations as well as its option to repurchase the asset from the bank for less than the amount received in the initial sale of the asset, in which case the city would be left with additional cash after having pre - funded all of its lease obligations. this gave the appearance of cities entering into leasing transactions with banks for a fee. by the late 1990s many of the leasing transactions were with cities in europe, and in 1999 cross border leasing in the united states was " chilled " by the effective shutdown of lilos ( lease - in / lease outs ). ( lilos were significantly more complicated than the typical lease where a municipality ( for example ) would lease an asset to a bank and then lease it back from the bank for a shorter period of time ; lilos relied on arcane rules of tax accounting to yield significant returns and are currently on a list of transaction types that the u. s. tax authority considers abusive. ) since 2004 cross border leasing has been effectively eliminated by the passage of the jobs act of 2004, which made the vast majority of cross border leases unprofitable for the parties to the leasing transaction. = = references = = = = external links = = jochen buelow, frontline / pbs, " money for nothing from the usa "
( 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
party in the renegotiations ). oliver hart and his co - authors argue that the hold - up problem may be mitigated by choosing a suitable ownership structure ex - ante ( according to the incomplete contracting paradigm, more complex contractual arrangements are ruled out ). hence, the property rights approach to the theory of the firm can explain the pros and cons of vertical integration, thus providing a formal answer to important questions regarding the boundaries of the firm that were first raised by ronald coase ( 1937 ). the incomplete contracting approach has been subject of a still ongoing discussion in contract theory. in particular, some authors such as maskin and tirole ( 1999 ) argue that rational parties should be able to solve the hold - up problem with complex contracts, while hart and moore ( 1999 ) point out that these contractual solutions do not work if renegotiation cannot be ruled out. some authors have argued that the pros and cons of vertical integration can sometimes also be explained in complete contracting models. the property rights approach based on incomplete contracting has been criticized by williamson ( 2000 ) because it is focused on ex - ante investment incentives, while it neglects ex - post inefficiencies. it has been pointed out by schmitz ( 2006 ) that the property rights approach can be extended to the case of asymmetric information, which may explain ex - post inefficiencies. the property rights approach has also been extended by chiu ( 1998 ) and demeza and lockwood ( 1998 ), who allow for different ways to model the renegotiations. in a more recent extension, hart and moore ( 2008 ) have argued that contracts may serve as reference points. the theory of incomplete contracts has been successfully applied in various contexts, including privatization, international trade, management of research & development, allocation of formal and real authority, advocacy, and many others. the 2016 nobel prize in economics was awarded to oliver d. hart and bengt holmstrom for their contribution to contract theory, including incomplete contracts. = = in economic theory = = in 1986, grossman and hart ( 1986 ) used incomplete contract theory in their seminal paper on the costs and benefits of vertical integration to answer the question " what is a firm and what determines its boundaries? ". the grossman - hart theory of property rights is the first to explain in a straightforward manner why markets are so important in the context of organizational choice. the advantage of non - integrated markets is that the owners ( entrepreneurs ) can exercise their control,
sites such as one in eugene, oregon, include rainwater catchment, edible landscaping, removing paved driveways, turning a garage into living space, and changing a south side patio into passive solar. vacant lot farms are community - managed farm sites, but are often seen by authorities as temporary rather than permanent. for example, los angeles'south central farm ( 1994 β 2006 ), one of the largest urban gardens in the united states, was bulldozed with approval from property owner ralph horowitz, despite community protest. the possibilities and challenges for suburban or urban permaculture vary with the built environment around the world. for example, land is used more ecologically in jaisalmer, india than in american planned cities such as los angeles : the application of universal rules regarding setbacks from roads and property lines systematically creates unused and purposeless space as an integral part of the built landscape, well beyond the classic image of the vacant lot.... because these spaces are created in accordance with a general pattern, rather than responding to any local need or desire, many if not most are underutilized, unproductive, and generally maintained as ecologically disastrous lawns by unenthusiastic owners. in this broadest understanding of wasted land, the concept is opened to reveal how our system of urban design gives rise to a ubiquitous pattern of land that, while not usually conceived as vacant, is in fact largely without ecological or social value. = = = marine systems = = = permaculture derives its origin from agriculture, although the same principles, especially its foundational ethics, can also be applied to mariculture, particularly seaweed farming. in marine permaculture, artificial upwelling of cold, deep ocean water is induced. when an attachment substrate is provided in association with such an upwelling, and kelp sporophytes are present, a kelp forest ecosystem can be established ( since kelp needs the cool temperatures and abundant dissolved macronutrients present in such an environment ). microalgae proliferate as well. marine forest habitat is beneficial for many fish species, and the kelp is a renewable resource for food, animal feed, medicines and various other commercial products. it is also a powerful tool for carbon fixation. the upwelling can be powered by renewable energy on location. vertical mixing has been reduced due to ocean stratification effects associated with climate change. reduced vertical mixing and marine heatwaves have decimated seaweed ecosystems in many areas. marine per
cross - border leasing is a leasing arrangement where lessor and lessee are situated in different countries. this presents significant additional issues related to tax avoidance and tax shelters. cross - border leasing has been widely used in some european countries, to arbitrage the difference in the tax laws of different jurisdictions, usually between a european country and the united states. typically, this rests on the fact that, for tax purposes, some jurisdictions assign ownership and the attendant depreciation allowances to the entity that has legal title to an asset, while others ( like the u. s. ) assign it to the entity that has the most indicia of tax ownership ( legal title being only one of several factors taken into account ). in these cases, with sufficiently long leases ( often 99 years ), an asset can end up with two effective owners, one in each jurisdiction ; this is often referred to as a double - dip lease often the original owner of an asset is not subject to taxation in any jurisdiction, and therefore not able to claim depreciation. the transaction often involves a city selling an asset ( such as a sewerage system or power plant ) to an investor ( who can claim depreciation ), and long - term leasing it right back ( often referred to as a sale leaseback ). however, since 2004 cross border leasing has been effectively eliminated by the passage of the american jobs creation act of 2004, which made the vast majority of cross border leases unprofitable. = = history = = leasing techniques have been used for financing purposes for several decades in the united states. the practice developed as a method of financing aircraft. several airlines in the early 1970s were notoriously unprofitable and very capital intensive. these airlines had no need for the depreciation deductions generated by their aircraft and were significantly more interested in reducing their operating expenses. a very prominent bank would purchase aircraft and lease them to the airlines. because the bank was able to claim depreciation deductions for the aircraft, the bank was able to offer lease rates significantly lower than the interest payments that airlines would otherwise pay on an aircraft purchase loan ( and most commercial aircraft flying today are operated under a lease ). in the united states, this spread into leasing the assets of u. s. cities and governmental entities and eventually evolved into cross - border leasing. one significant evolution of the leasing industry involved the collateralization of lease obligations in sale leaseback transactions. for example, a city would sell an asset to a bank. the bank would require lease
Answer:
|
win, because the relationship of landlord and tenant was unaffected by the condemnation, thus leaving Tanner still obligated to pay rent.
| null |
Lester, the owner in fee simple of a small farm consisting of 30 acres of land improved with a house and several outbuildings, leased the same to Tanner for a 10-year period. After two years had expired, the government condemned 20 acres of the property and allocated the compensation award to Lester and Tanner according to their respective interest so taken. It so happened, however, that the 20 acres taken embraced all of the farm's tillable land, leaving only the house, outbuildings, and a small woodlot. There is no applicable statute in the jurisdiction where the property is located nor any provision in the lease relating to condemnation. Tanner quit possession, and Lester brought suit against him to recover rent. Lester will
0. lose, because there has been a frustration of purpose which excuses Tanner from further performance of his contract to pay rent.
1. lose, because there has been a breach of the implied covenant of quiet enjoyment by Lester's inability to provide Tanner with possession of the whole of the property for the entire term.
2. win, because of the implied warranty on the part of the tenant to return the demised premises in the same condition at the end of the term as they were at the beginning.
3. win, because the relationship of landlord and tenant was unaffected by the condemnation, thus leaving Tanner still obligated to pay rent.
and governmental entities and eventually evolved into cross - border leasing. one significant evolution of the leasing industry involved the collateralization of lease obligations in sale leaseback transactions. for example, a city would sell an asset to a bank. the bank would require lease payments and give the city an option to repurchase the asset. the lease obligations were low enough ( due to the depreciation deductions the banks were now claiming ) that the city could pay for the lease obligations and fund the repurchase of the asset by depositing most but not all of the sale proceeds in an interest - bearing account. this resulted in the city having pre - funded all of its lease obligations as well as its option to repurchase the asset from the bank for less than the amount received in the initial sale of the asset, in which case the city would be left with additional cash after having pre - funded all of its lease obligations. this gave the appearance of cities entering into leasing transactions with banks for a fee. by the late 1990s many of the leasing transactions were with cities in europe, and in 1999 cross border leasing in the united states was " chilled " by the effective shutdown of lilos ( lease - in / lease outs ). ( lilos were significantly more complicated than the typical lease where a municipality ( for example ) would lease an asset to a bank and then lease it back from the bank for a shorter period of time ; lilos relied on arcane rules of tax accounting to yield significant returns and are currently on a list of transaction types that the u. s. tax authority considers abusive. ) since 2004 cross border leasing has been effectively eliminated by the passage of the jobs act of 2004, which made the vast majority of cross border leases unprofitable for the parties to the leasing transaction. = = references = = = = external links = = jochen buelow, frontline / pbs, " money for nothing from the usa "
( 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
party in the renegotiations ). oliver hart and his co - authors argue that the hold - up problem may be mitigated by choosing a suitable ownership structure ex - ante ( according to the incomplete contracting paradigm, more complex contractual arrangements are ruled out ). hence, the property rights approach to the theory of the firm can explain the pros and cons of vertical integration, thus providing a formal answer to important questions regarding the boundaries of the firm that were first raised by ronald coase ( 1937 ). the incomplete contracting approach has been subject of a still ongoing discussion in contract theory. in particular, some authors such as maskin and tirole ( 1999 ) argue that rational parties should be able to solve the hold - up problem with complex contracts, while hart and moore ( 1999 ) point out that these contractual solutions do not work if renegotiation cannot be ruled out. some authors have argued that the pros and cons of vertical integration can sometimes also be explained in complete contracting models. the property rights approach based on incomplete contracting has been criticized by williamson ( 2000 ) because it is focused on ex - ante investment incentives, while it neglects ex - post inefficiencies. it has been pointed out by schmitz ( 2006 ) that the property rights approach can be extended to the case of asymmetric information, which may explain ex - post inefficiencies. the property rights approach has also been extended by chiu ( 1998 ) and demeza and lockwood ( 1998 ), who allow for different ways to model the renegotiations. in a more recent extension, hart and moore ( 2008 ) have argued that contracts may serve as reference points. the theory of incomplete contracts has been successfully applied in various contexts, including privatization, international trade, management of research & development, allocation of formal and real authority, advocacy, and many others. the 2016 nobel prize in economics was awarded to oliver d. hart and bengt holmstrom for their contribution to contract theory, including incomplete contracts. = = in economic theory = = in 1986, grossman and hart ( 1986 ) used incomplete contract theory in their seminal paper on the costs and benefits of vertical integration to answer the question " what is a firm and what determines its boundaries? ". the grossman - hart theory of property rights is the first to explain in a straightforward manner why markets are so important in the context of organizational choice. the advantage of non - integrated markets is that the owners ( entrepreneurs ) can exercise their control,
sites such as one in eugene, oregon, include rainwater catchment, edible landscaping, removing paved driveways, turning a garage into living space, and changing a south side patio into passive solar. vacant lot farms are community - managed farm sites, but are often seen by authorities as temporary rather than permanent. for example, los angeles'south central farm ( 1994 β 2006 ), one of the largest urban gardens in the united states, was bulldozed with approval from property owner ralph horowitz, despite community protest. the possibilities and challenges for suburban or urban permaculture vary with the built environment around the world. for example, land is used more ecologically in jaisalmer, india than in american planned cities such as los angeles : the application of universal rules regarding setbacks from roads and property lines systematically creates unused and purposeless space as an integral part of the built landscape, well beyond the classic image of the vacant lot.... because these spaces are created in accordance with a general pattern, rather than responding to any local need or desire, many if not most are underutilized, unproductive, and generally maintained as ecologically disastrous lawns by unenthusiastic owners. in this broadest understanding of wasted land, the concept is opened to reveal how our system of urban design gives rise to a ubiquitous pattern of land that, while not usually conceived as vacant, is in fact largely without ecological or social value. = = = marine systems = = = permaculture derives its origin from agriculture, although the same principles, especially its foundational ethics, can also be applied to mariculture, particularly seaweed farming. in marine permaculture, artificial upwelling of cold, deep ocean water is induced. when an attachment substrate is provided in association with such an upwelling, and kelp sporophytes are present, a kelp forest ecosystem can be established ( since kelp needs the cool temperatures and abundant dissolved macronutrients present in such an environment ). microalgae proliferate as well. marine forest habitat is beneficial for many fish species, and the kelp is a renewable resource for food, animal feed, medicines and various other commercial products. it is also a powerful tool for carbon fixation. the upwelling can be powered by renewable energy on location. vertical mixing has been reduced due to ocean stratification effects associated with climate change. reduced vertical mixing and marine heatwaves have decimated seaweed ecosystems in many areas. marine per
cross - border leasing is a leasing arrangement where lessor and lessee are situated in different countries. this presents significant additional issues related to tax avoidance and tax shelters. cross - border leasing has been widely used in some european countries, to arbitrage the difference in the tax laws of different jurisdictions, usually between a european country and the united states. typically, this rests on the fact that, for tax purposes, some jurisdictions assign ownership and the attendant depreciation allowances to the entity that has legal title to an asset, while others ( like the u. s. ) assign it to the entity that has the most indicia of tax ownership ( legal title being only one of several factors taken into account ). in these cases, with sufficiently long leases ( often 99 years ), an asset can end up with two effective owners, one in each jurisdiction ; this is often referred to as a double - dip lease often the original owner of an asset is not subject to taxation in any jurisdiction, and therefore not able to claim depreciation. the transaction often involves a city selling an asset ( such as a sewerage system or power plant ) to an investor ( who can claim depreciation ), and long - term leasing it right back ( often referred to as a sale leaseback ). however, since 2004 cross border leasing has been effectively eliminated by the passage of the american jobs creation act of 2004, which made the vast majority of cross border leases unprofitable. = = history = = leasing techniques have been used for financing purposes for several decades in the united states. the practice developed as a method of financing aircraft. several airlines in the early 1970s were notoriously unprofitable and very capital intensive. these airlines had no need for the depreciation deductions generated by their aircraft and were significantly more interested in reducing their operating expenses. a very prominent bank would purchase aircraft and lease them to the airlines. because the bank was able to claim depreciation deductions for the aircraft, the bank was able to offer lease rates significantly lower than the interest payments that airlines would otherwise pay on an aircraft purchase loan ( and most commercial aircraft flying today are operated under a lease ). in the united states, this spread into leasing the assets of u. s. cities and governmental entities and eventually evolved into cross - border leasing. one significant evolution of the leasing industry involved the collateralization of lease obligations in sale leaseback transactions. for example, a city would sell an asset to a bank. the bank would require lease
Answer:
|
win, because of the implied warranty on the part of the tenant to return the demised premises in the same condition at the end of the term as they were at the beginning.
| 0.3 |
Statutes in the jurisdiction define criminal assault as "an attempt to commit a criminal battery" and criminal battery as "causing an offensive touching." As Edward was walking down the street, a gust of wind blew his hat off. Edward reached out, trying to grab his hat, and narrowly missed striking Margaret in the face with his hand. Margaret, fearful of being struck by Edward, pushed Edward away "If charged with criminal assault, Edward should be found
0. guilty, because he caused Margaret to be in apprehension of an offensive touching.
1. guilty, because he should have realized that he might strike someone by reaching out.
2. not guilty, because he did not intend to hit Margaret.
3. not guilty, because he did not hit Margaret
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 = =
" and " battery ". in everyday use the term assault may be used to describe a physical attack, which is indeed a battery. an assault is causing someone to apprehend that they will be the victim of a battery. this issue is so prevalent that the crime of sexual assault would be better labelled a sexual battery. this confusion stems from the fact that both assault and battery can be referred to as common assault. in practice, if charged with such an offence, the wording will read " assault by beating ", but this means the same as " battery ". there is no separate offence for a battery relating to domestic violence ; however, the introduction of the crime of " controlling or coercive behaviour in an intimate or family relationship " in section 76 of the serious crime act 2015 has given rise to new sentencing guidelines that take into account significant aggravating factors such as abuse of trust, resulting in potentially longer sentences for acts of battery within the context of domestic violence. = = = = whether it is a statutory offence = = = = in dpp v taylor, dpp v little, it was held that battery is a statutory offence, contrary to section 39 of the criminal justice act 1988. this decision was criticised in haystead v dpp where the divisional court expressed the obiter opinion that battery remains a common law offence. therefore, whilst it may be a better view that battery and assault have statutory penalties, rather than being statutory offences, it is still the case that until review by a higher court, dpp v little is the preferred authority. = = = = mode of trial and sentence = = = = in england and wales, battery is a summary offence under section 39 of the criminal justice act 1988. however, by virtue of section 40, it can be tried on indictment where another indictable offence is also charged which is founded on the same facts or together with which it forms part of a series of offences of similar character. where it is tried on indictment a crown court has no greater powers of sentencing than a magistrates'court would, unless the battery itself constitutes actual bodily harm or greater. it is punishable with imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale, or both. = = = = defences = = = = there are numerous defences to a charge of assault, namely intoxication due to drugs / alcohol - voluntary or involuntary ( does not apply to offences which may be committed recklessly, intentionally or with negligence i. e. assault / battery
battery is a criminal offense involving unlawful physical contact, distinct from assault, which is the act of creating reasonable fear or apprehension of such contact. battery is a specific common law offense, although the term is used more generally to refer to any unlawful offensive physical contact with another person. battery is defined by american common law as " any unlawful and / or unwanted touching of the person of another by the aggressor, or by a substance put in motion by them ". in more severe cases, and for all types in some jurisdictions, it is chiefly defined by statutory wording. assessment of the severity of a battery is determined by local law. = = generally = = specific rules regarding battery vary among different jurisdictions, but some elements remain constant across jurisdictions. battery generally requires that : an offensive touch or contact is made upon the victim, instigated by the actor ; and the actor intends or knows that their action will cause the offensive touching. under the us model penal code and in some jurisdictions, there is battery when the actor acts recklessly without specific intent of causing an offensive contact. battery is typically classified as either simple or aggravated. although battery typically occurs in the context of physical altercations, it may also occur under other circumstances, such as in medical cases where a doctor performs a non - consented medical procedure. = = specific countries = = = = = canada = = = battery is not defined in the canadian criminal code. instead, the code has an offense of assault, and assault causing bodily harm. = = = england and wales = = = battery is a common law offence within england and wales. as with the majority of offences in the uk, it has two elements : actus reus : the defendant unlawfully touched or applied force to the victim mens rea : the defendant intended or was reckless as to the unlawful touch or application of force this offence is a crime against autonomy, with more violent crimes such as abh and gbh being statutory offences under the offences against the person act 1861. as such, even the slightest of touches can amount to an unlawful application of force. however, it is assumed that everyday encounters ( such as making contact with others on public transportation ) are consented to and not punishable. much confusion can come between the terms " assault " and " battery ". in everyday use the term assault may be used to describe a physical attack, which is indeed a battery. an assault is causing someone to apprehend that they will be the victim of a battery. this issue is so
, 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
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. = = united kingdom = = = = = england and wales = = = the accessories and abettors act 1861 provides that an accessory to an indictable offence shall be treated in the same way as if he had actually committed the offence himself. section 8 of the act, as amended, reads : whosoever shall aid, abet, counsel, or procure the commission of any indictable offence, whether the same be an offence at common law or by virtue of any act passed or to be passed, shall be liable to be tried, indicted, and punished as a principal offender. ( section 10 states that the act does not apply to scotland. ) section 44 ( 1 ) of the magistrates'courts act 1980 makes similar provision for summary offences. it says : a person who aids, abets, counsels or procures the commission by another person of a summary offence shall be guilty of the like offence and may be tried ( whether or not he is charged as a principal ) either by a court having jurisdiction to try that other person or by a court having by virtue of his own offence jurisdiction to try him. in the case of r v jogee, the supreme court of the united kingdom held in 2016 that an accessory can be guilty of the principal's crime only if the accessory intended to assist the principal to commit the crime while having the necessary mens rea to commit that crime. = = = = derek bentley case = = = = one of the most notorious cases of this type was the 1952 case in england involving derek bentley, a mentally challenged man who was in police custody when his sixteen - year - old companion, christopher craig, shot and killed a police constable during a botched break - in. craig was sentenced to be detained at her majesty's pleasure, since as a juvenile offender he could not be sentenced to death ( he was released after serving ten years ), but bentley was hanged despite popular protest. the incident was dramatized in the film let him have it, which is what bentley allegedly said to craig during the incident, which can be interpreted either as telling craig to shoot the policeman, or to give him the gun. the hanging of bentley led to public outrage and sparked the mp sydney silverman's campaign to abolish capital punishment in
Answer:
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not guilty, because he did not intend to hit Margaret.
| null |
Statutes in the jurisdiction define criminal assault as "an attempt to commit a criminal battery" and criminal battery as "causing an offensive touching." As Edward was walking down the street, a gust of wind blew his hat off. Edward reached out, trying to grab his hat, and narrowly missed striking Margaret in the face with his hand. Margaret, fearful of being struck by Edward, pushed Edward away "If charged with criminal assault, Edward should be found
0. guilty, because he caused Margaret to be in apprehension of an offensive touching.
1. guilty, because he should have realized that he might strike someone by reaching out.
2. not guilty, because he did not intend to hit Margaret.
3. not guilty, because he did not hit Margaret
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 = =
" and " battery ". in everyday use the term assault may be used to describe a physical attack, which is indeed a battery. an assault is causing someone to apprehend that they will be the victim of a battery. this issue is so prevalent that the crime of sexual assault would be better labelled a sexual battery. this confusion stems from the fact that both assault and battery can be referred to as common assault. in practice, if charged with such an offence, the wording will read " assault by beating ", but this means the same as " battery ". there is no separate offence for a battery relating to domestic violence ; however, the introduction of the crime of " controlling or coercive behaviour in an intimate or family relationship " in section 76 of the serious crime act 2015 has given rise to new sentencing guidelines that take into account significant aggravating factors such as abuse of trust, resulting in potentially longer sentences for acts of battery within the context of domestic violence. = = = = whether it is a statutory offence = = = = in dpp v taylor, dpp v little, it was held that battery is a statutory offence, contrary to section 39 of the criminal justice act 1988. this decision was criticised in haystead v dpp where the divisional court expressed the obiter opinion that battery remains a common law offence. therefore, whilst it may be a better view that battery and assault have statutory penalties, rather than being statutory offences, it is still the case that until review by a higher court, dpp v little is the preferred authority. = = = = mode of trial and sentence = = = = in england and wales, battery is a summary offence under section 39 of the criminal justice act 1988. however, by virtue of section 40, it can be tried on indictment where another indictable offence is also charged which is founded on the same facts or together with which it forms part of a series of offences of similar character. where it is tried on indictment a crown court has no greater powers of sentencing than a magistrates'court would, unless the battery itself constitutes actual bodily harm or greater. it is punishable with imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale, or both. = = = = defences = = = = there are numerous defences to a charge of assault, namely intoxication due to drugs / alcohol - voluntary or involuntary ( does not apply to offences which may be committed recklessly, intentionally or with negligence i. e. assault / battery
battery is a criminal offense involving unlawful physical contact, distinct from assault, which is the act of creating reasonable fear or apprehension of such contact. battery is a specific common law offense, although the term is used more generally to refer to any unlawful offensive physical contact with another person. battery is defined by american common law as " any unlawful and / or unwanted touching of the person of another by the aggressor, or by a substance put in motion by them ". in more severe cases, and for all types in some jurisdictions, it is chiefly defined by statutory wording. assessment of the severity of a battery is determined by local law. = = generally = = specific rules regarding battery vary among different jurisdictions, but some elements remain constant across jurisdictions. battery generally requires that : an offensive touch or contact is made upon the victim, instigated by the actor ; and the actor intends or knows that their action will cause the offensive touching. under the us model penal code and in some jurisdictions, there is battery when the actor acts recklessly without specific intent of causing an offensive contact. battery is typically classified as either simple or aggravated. although battery typically occurs in the context of physical altercations, it may also occur under other circumstances, such as in medical cases where a doctor performs a non - consented medical procedure. = = specific countries = = = = = canada = = = battery is not defined in the canadian criminal code. instead, the code has an offense of assault, and assault causing bodily harm. = = = england and wales = = = battery is a common law offence within england and wales. as with the majority of offences in the uk, it has two elements : actus reus : the defendant unlawfully touched or applied force to the victim mens rea : the defendant intended or was reckless as to the unlawful touch or application of force this offence is a crime against autonomy, with more violent crimes such as abh and gbh being statutory offences under the offences against the person act 1861. as such, even the slightest of touches can amount to an unlawful application of force. however, it is assumed that everyday encounters ( such as making contact with others on public transportation ) are consented to and not punishable. much confusion can come between the terms " assault " and " battery ". in everyday use the term assault may be used to describe a physical attack, which is indeed a battery. an assault is causing someone to apprehend that they will be the victim of a battery. this issue is so
, 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
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. = = united kingdom = = = = = england and wales = = = the accessories and abettors act 1861 provides that an accessory to an indictable offence shall be treated in the same way as if he had actually committed the offence himself. section 8 of the act, as amended, reads : whosoever shall aid, abet, counsel, or procure the commission of any indictable offence, whether the same be an offence at common law or by virtue of any act passed or to be passed, shall be liable to be tried, indicted, and punished as a principal offender. ( section 10 states that the act does not apply to scotland. ) section 44 ( 1 ) of the magistrates'courts act 1980 makes similar provision for summary offences. it says : a person who aids, abets, counsels or procures the commission by another person of a summary offence shall be guilty of the like offence and may be tried ( whether or not he is charged as a principal ) either by a court having jurisdiction to try that other person or by a court having by virtue of his own offence jurisdiction to try him. in the case of r v jogee, the supreme court of the united kingdom held in 2016 that an accessory can be guilty of the principal's crime only if the accessory intended to assist the principal to commit the crime while having the necessary mens rea to commit that crime. = = = = derek bentley case = = = = one of the most notorious cases of this type was the 1952 case in england involving derek bentley, a mentally challenged man who was in police custody when his sixteen - year - old companion, christopher craig, shot and killed a police constable during a botched break - in. craig was sentenced to be detained at her majesty's pleasure, since as a juvenile offender he could not be sentenced to death ( he was released after serving ten years ), but bentley was hanged despite popular protest. the incident was dramatized in the film let him have it, which is what bentley allegedly said to craig during the incident, which can be interpreted either as telling craig to shoot the policeman, or to give him the gun. the hanging of bentley led to public outrage and sparked the mp sydney silverman's campaign to abolish capital punishment in
Answer:
|
guilty, because he should have realized that he might strike someone by reaching out.
| 0.3 |
Statutes in the jurisdiction define criminal assault as "an attempt to commit a criminal battery" and criminal battery as "causing an offensive touching." As Edward was walking down the street, a gust of wind blew his hat off. Edward reached out, trying to grab his hat, and narrowly missed striking Margaret in the face with his hand. Margaret, fearful of being struck by Edward, pushed Edward away "If charged with criminal battery, Margaret should be found
0. guilty, because she intentionally pushed Edward.
1. guilty, because she caused the touching of Edward whether she meant to do so or not.
2. not guilty, because a push is not an offensive touching.
3. not guilty, because she was justified in pushing Edward
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 = =
" and " battery ". in everyday use the term assault may be used to describe a physical attack, which is indeed a battery. an assault is causing someone to apprehend that they will be the victim of a battery. this issue is so prevalent that the crime of sexual assault would be better labelled a sexual battery. this confusion stems from the fact that both assault and battery can be referred to as common assault. in practice, if charged with such an offence, the wording will read " assault by beating ", but this means the same as " battery ". there is no separate offence for a battery relating to domestic violence ; however, the introduction of the crime of " controlling or coercive behaviour in an intimate or family relationship " in section 76 of the serious crime act 2015 has given rise to new sentencing guidelines that take into account significant aggravating factors such as abuse of trust, resulting in potentially longer sentences for acts of battery within the context of domestic violence. = = = = whether it is a statutory offence = = = = in dpp v taylor, dpp v little, it was held that battery is a statutory offence, contrary to section 39 of the criminal justice act 1988. this decision was criticised in haystead v dpp where the divisional court expressed the obiter opinion that battery remains a common law offence. therefore, whilst it may be a better view that battery and assault have statutory penalties, rather than being statutory offences, it is still the case that until review by a higher court, dpp v little is the preferred authority. = = = = mode of trial and sentence = = = = in england and wales, battery is a summary offence under section 39 of the criminal justice act 1988. however, by virtue of section 40, it can be tried on indictment where another indictable offence is also charged which is founded on the same facts or together with which it forms part of a series of offences of similar character. where it is tried on indictment a crown court has no greater powers of sentencing than a magistrates'court would, unless the battery itself constitutes actual bodily harm or greater. it is punishable with imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale, or both. = = = = defences = = = = there are numerous defences to a charge of assault, namely intoxication due to drugs / alcohol - voluntary or involuntary ( does not apply to offences which may be committed recklessly, intentionally or with negligence i. e. assault / battery
, 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
battery is a criminal offense involving unlawful physical contact, distinct from assault, which is the act of creating reasonable fear or apprehension of such contact. battery is a specific common law offense, although the term is used more generally to refer to any unlawful offensive physical contact with another person. battery is defined by american common law as " any unlawful and / or unwanted touching of the person of another by the aggressor, or by a substance put in motion by them ". in more severe cases, and for all types in some jurisdictions, it is chiefly defined by statutory wording. assessment of the severity of a battery is determined by local law. = = generally = = specific rules regarding battery vary among different jurisdictions, but some elements remain constant across jurisdictions. battery generally requires that : an offensive touch or contact is made upon the victim, instigated by the actor ; and the actor intends or knows that their action will cause the offensive touching. under the us model penal code and in some jurisdictions, there is battery when the actor acts recklessly without specific intent of causing an offensive contact. battery is typically classified as either simple or aggravated. although battery typically occurs in the context of physical altercations, it may also occur under other circumstances, such as in medical cases where a doctor performs a non - consented medical procedure. = = specific countries = = = = = canada = = = battery is not defined in the canadian criminal code. instead, the code has an offense of assault, and assault causing bodily harm. = = = england and wales = = = battery is a common law offence within england and wales. as with the majority of offences in the uk, it has two elements : actus reus : the defendant unlawfully touched or applied force to the victim mens rea : the defendant intended or was reckless as to the unlawful touch or application of force this offence is a crime against autonomy, with more violent crimes such as abh and gbh being statutory offences under the offences against the person act 1861. as such, even the slightest of touches can amount to an unlawful application of force. however, it is assumed that everyday encounters ( such as making contact with others on public transportation ) are consented to and not punishable. much confusion can come between the terms " assault " and " battery ". in everyday use the term assault may be used to describe a physical attack, which is indeed a battery. an assault is causing someone to apprehend that they will be the victim of a battery. this issue is so
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. = = united kingdom = = = = = england and wales = = = the accessories and abettors act 1861 provides that an accessory to an indictable offence shall be treated in the same way as if he had actually committed the offence himself. section 8 of the act, as amended, reads : whosoever shall aid, abet, counsel, or procure the commission of any indictable offence, whether the same be an offence at common law or by virtue of any act passed or to be passed, shall be liable to be tried, indicted, and punished as a principal offender. ( section 10 states that the act does not apply to scotland. ) section 44 ( 1 ) of the magistrates'courts act 1980 makes similar provision for summary offences. it says : a person who aids, abets, counsels or procures the commission by another person of a summary offence shall be guilty of the like offence and may be tried ( whether or not he is charged as a principal ) either by a court having jurisdiction to try that other person or by a court having by virtue of his own offence jurisdiction to try him. in the case of r v jogee, the supreme court of the united kingdom held in 2016 that an accessory can be guilty of the principal's crime only if the accessory intended to assist the principal to commit the crime while having the necessary mens rea to commit that crime. = = = = derek bentley case = = = = one of the most notorious cases of this type was the 1952 case in england involving derek bentley, a mentally challenged man who was in police custody when his sixteen - year - old companion, christopher craig, shot and killed a police constable during a botched break - in. craig was sentenced to be detained at her majesty's pleasure, since as a juvenile offender he could not be sentenced to death ( he was released after serving ten years ), but bentley was hanged despite popular protest. the incident was dramatized in the film let him have it, which is what bentley allegedly said to craig during the incident, which can be interpreted either as telling craig to shoot the policeman, or to give him the gun. the hanging of bentley led to public outrage and sparked the mp sydney silverman's campaign to abolish capital punishment in
Answer:
|
not guilty, because she was justified in pushing Edward
| null |
Statutes in the jurisdiction define criminal assault as "an attempt to commit a criminal battery" and criminal battery as "causing an offensive touching." As Edward was walking down the street, a gust of wind blew his hat off. Edward reached out, trying to grab his hat, and narrowly missed striking Margaret in the face with his hand. Margaret, fearful of being struck by Edward, pushed Edward away "If charged with criminal battery, Margaret should be found
0. guilty, because she intentionally pushed Edward.
1. guilty, because she caused the touching of Edward whether she meant to do so or not.
2. not guilty, because a push is not an offensive touching.
3. not guilty, because she was justified in pushing Edward
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 = =
" and " battery ". in everyday use the term assault may be used to describe a physical attack, which is indeed a battery. an assault is causing someone to apprehend that they will be the victim of a battery. this issue is so prevalent that the crime of sexual assault would be better labelled a sexual battery. this confusion stems from the fact that both assault and battery can be referred to as common assault. in practice, if charged with such an offence, the wording will read " assault by beating ", but this means the same as " battery ". there is no separate offence for a battery relating to domestic violence ; however, the introduction of the crime of " controlling or coercive behaviour in an intimate or family relationship " in section 76 of the serious crime act 2015 has given rise to new sentencing guidelines that take into account significant aggravating factors such as abuse of trust, resulting in potentially longer sentences for acts of battery within the context of domestic violence. = = = = whether it is a statutory offence = = = = in dpp v taylor, dpp v little, it was held that battery is a statutory offence, contrary to section 39 of the criminal justice act 1988. this decision was criticised in haystead v dpp where the divisional court expressed the obiter opinion that battery remains a common law offence. therefore, whilst it may be a better view that battery and assault have statutory penalties, rather than being statutory offences, it is still the case that until review by a higher court, dpp v little is the preferred authority. = = = = mode of trial and sentence = = = = in england and wales, battery is a summary offence under section 39 of the criminal justice act 1988. however, by virtue of section 40, it can be tried on indictment where another indictable offence is also charged which is founded on the same facts or together with which it forms part of a series of offences of similar character. where it is tried on indictment a crown court has no greater powers of sentencing than a magistrates'court would, unless the battery itself constitutes actual bodily harm or greater. it is punishable with imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale, or both. = = = = defences = = = = there are numerous defences to a charge of assault, namely intoxication due to drugs / alcohol - voluntary or involuntary ( does not apply to offences which may be committed recklessly, intentionally or with negligence i. e. assault / battery
, 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
battery is a criminal offense involving unlawful physical contact, distinct from assault, which is the act of creating reasonable fear or apprehension of such contact. battery is a specific common law offense, although the term is used more generally to refer to any unlawful offensive physical contact with another person. battery is defined by american common law as " any unlawful and / or unwanted touching of the person of another by the aggressor, or by a substance put in motion by them ". in more severe cases, and for all types in some jurisdictions, it is chiefly defined by statutory wording. assessment of the severity of a battery is determined by local law. = = generally = = specific rules regarding battery vary among different jurisdictions, but some elements remain constant across jurisdictions. battery generally requires that : an offensive touch or contact is made upon the victim, instigated by the actor ; and the actor intends or knows that their action will cause the offensive touching. under the us model penal code and in some jurisdictions, there is battery when the actor acts recklessly without specific intent of causing an offensive contact. battery is typically classified as either simple or aggravated. although battery typically occurs in the context of physical altercations, it may also occur under other circumstances, such as in medical cases where a doctor performs a non - consented medical procedure. = = specific countries = = = = = canada = = = battery is not defined in the canadian criminal code. instead, the code has an offense of assault, and assault causing bodily harm. = = = england and wales = = = battery is a common law offence within england and wales. as with the majority of offences in the uk, it has two elements : actus reus : the defendant unlawfully touched or applied force to the victim mens rea : the defendant intended or was reckless as to the unlawful touch or application of force this offence is a crime against autonomy, with more violent crimes such as abh and gbh being statutory offences under the offences against the person act 1861. as such, even the slightest of touches can amount to an unlawful application of force. however, it is assumed that everyday encounters ( such as making contact with others on public transportation ) are consented to and not punishable. much confusion can come between the terms " assault " and " battery ". in everyday use the term assault may be used to describe a physical attack, which is indeed a battery. an assault is causing someone to apprehend that they will be the victim of a battery. this issue is so
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. = = united kingdom = = = = = england and wales = = = the accessories and abettors act 1861 provides that an accessory to an indictable offence shall be treated in the same way as if he had actually committed the offence himself. section 8 of the act, as amended, reads : whosoever shall aid, abet, counsel, or procure the commission of any indictable offence, whether the same be an offence at common law or by virtue of any act passed or to be passed, shall be liable to be tried, indicted, and punished as a principal offender. ( section 10 states that the act does not apply to scotland. ) section 44 ( 1 ) of the magistrates'courts act 1980 makes similar provision for summary offences. it says : a person who aids, abets, counsels or procures the commission by another person of a summary offence shall be guilty of the like offence and may be tried ( whether or not he is charged as a principal ) either by a court having jurisdiction to try that other person or by a court having by virtue of his own offence jurisdiction to try him. in the case of r v jogee, the supreme court of the united kingdom held in 2016 that an accessory can be guilty of the principal's crime only if the accessory intended to assist the principal to commit the crime while having the necessary mens rea to commit that crime. = = = = derek bentley case = = = = one of the most notorious cases of this type was the 1952 case in england involving derek bentley, a mentally challenged man who was in police custody when his sixteen - year - old companion, christopher craig, shot and killed a police constable during a botched break - in. craig was sentenced to be detained at her majesty's pleasure, since as a juvenile offender he could not be sentenced to death ( he was released after serving ten years ), but bentley was hanged despite popular protest. the incident was dramatized in the film let him have it, which is what bentley allegedly said to craig during the incident, which can be interpreted either as telling craig to shoot the policeman, or to give him the gun. the hanging of bentley led to public outrage and sparked the mp sydney silverman's campaign to abolish capital punishment in
Answer:
|
guilty, because she caused the touching of Edward whether she meant to do so or not.
| 0.3 |
Police were concerned about an increase in marijuana traffic in Defendant's neighborhood. One night, Police Officers, accompanied by dogs trained to sniff out marijuana, went into the backyard of Defendant's house and onto his porch. Defendant and his friend were inside 34 having dinner. The dogs acted as if they smelled marijuana. Police Officers knocked on the back door. Defendant answered the door and let them in. Defendant was immediately placed under arrest. After a brief search, Police Officers confiscated a large quantity of marijuana which they found in Defendant's linen closet. Defendant's motion to prevent introduction of the marijuana into evidence will most probably be
0. denied, because the search was incident to a valid arrest.
1. denied, because Defendant permitted Police Officers to enter his house.
2. granted, because under the circumstances the police activity violated Defendant's reasonable expectations of privacy.
3. granted, because this kind of detection by trained dogs has not been scientifically verified and cannot be the basis for probable cause.
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 ). "
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
well as possession for the purpose of trafficking. this is a reasonable inference from the terms of article 4, which obliges the parties " to limit exclusively to medical and scientific purposes the production, manufacture, export, import, distribution of, trade in, use and possession of drugs ". there is also article 33, which provides that " the parties shall not permit the possession of drugs except under legal authority. "... on the face of article 26 it would not be unreasonable to argue that what is contemplated is possession for the purpose of trafficking rather than possession for use, and that the requirements of the article are satisfied if the former kind of possession is made a penal offense. the prevailing view, however, is that the word " possession " in article 36 includes simple possession for use. however, ledain himself concludes the costs to a significant number of individuals, the majority of whom are young people, and to society generally, of a policy of prohibition of simple possession are not justified by the potential for harm of cannabis and the additional influence which such a policy is likely to have upon perception of harm, demand and availability. we, therefore, recommend the repeal of the prohibition against the simple possession of cannabis. the canadian department of national health and welfare's 1979 report, the single convention and its implications for canadian cannabis policy, counters with circumstantial evidence to the contrary : the substantive argument in support of simple possession falling outside the scope of article 36 is founded on the assumption that it is intended to insure a penal response to the problem of illicit trafficking rather than to punish drug users who do not participate in the traffic. ( see united nations, 1973 : 112 ; noll, 1977 : 44 β 45 ) the third draft of the single convention, which served as the working document for the 1961 plenipotentiary conference, contained a paragraph identical to that which now appears as article 36, subparagraph 1 ( a ). this paragraph was included in a chapter entitled measures against illicit traffickers, but the format by which the third draft was divided into chapters was not transferred to the single convention, and this, apparently, is the sole reason why this chapter heading, along with all others, was deleted. ( see united nations, 1973 : 112 ) article 36 is still located in that part of the convention concerned with the illicit trade, sandwiched between article 35 ( action against the illicit traffic ) and article 37 ( seizure and confiscation ). in addition... the word " use ", suggesting personal consumption
there is scant literature to support this ability. one unimpressive pilot study looked at dogs β potential ability to detect bladder cancers from urine samples. the idea behind cancer dogs is that there may be volatile compounds produced in cancer patients that dogs can detect by scent. in these studies, the compounds are not identified, not tested for, not named. there are many confounders, for example, in the few samples used, there may be other differences being detected by the dogs. in the other study ( i found very few ) dogs were β trained β to detect lung and breast cancers in humans. the methodology of breath sampling is not validated as far as i can see, and once again, the putative compounds in breath are not identified. statistically, the efficacy is marginal at best β¦ i don β t doubt the social and emotional value of dogs as companions, and as active helpers in many circumstances. but beyond this, the evidence is wanting. = = see also = = scent hound = = references = =
= = block, carolyn rebecca ( 1995 ). " stac hotspot areas : a statistical tool for law enforcement ". in block, c. r. ; dabdoub, m. ; fregly, s. ( eds. ). crime analysis through computer ( pdf ). washington dc : police executive research forum. pp. 15 β 32. block, carolyn rebecca ; block, richard l. ( 1995 ). " space, place and crime : hot spot areas and hot places of liquor - related crime. ". in eck, john ; weisburd, david l. ( eds. ). crime places in crime theory ( pdf ). rutgers crime prevention studies series. newark, nj : criminal justice press. archived from the original ( pdf ) on 2012 - 07 - 28. brantingham, patricia l. ; brantingham, paul j. ( 1999 ). " theoretical model of crime hot spot generation ". studies on crime and crime prevention. 8 : 7 β 26. clark, philip j. ; evans, francis c. ( 1954 ). " distance to nearest neighbor as a measure of spatial relationships in populations " ( pdf ). ecology. 35 ( 4 ) : 445 β 53. bibcode : 1954ecol... 35.. 445c. doi : 10. 2307 / 1931034. jstor 1931034. eck, john ; chainey, spencer ; cameron, james ; wilson, ronald ( 2005 ). mapping crime : understanding hotspots ( pdf ). washington dc : national institute of justice. levine, n. ( 2005 ). " crime mapping and the crimestat program ". geographical analysis. 38 ( 1 ) : 41 β 56. doi : 10. 1111 / j. 0016 - 7363. 2005. 00673. x. mitchell, andy ( 2005 ). the esri guide to gis analysis. vol. 2 : spatial measurements and statistics. esri press. isbn 978 - 1 - 58948 - 116 - 9. van patten, isaac t. ; mckeldin - coner, jennifer m. ; cox, deana ( 2009 ). " a microspatial analysis of robbery : prospective hot spotting in a small city ". crime mapping : a journal of research and practice. 1 ( 1 ) : 7 β 32. ratcliffe, jerry h. ( 2002 ). " damned if you don't, damned if you do : crime mapping
Answer:
|
granted, because under the circumstances the police activity violated Defendant's reasonable expectations of privacy.
| null |
Police were concerned about an increase in marijuana traffic in Defendant's neighborhood. One night, Police Officers, accompanied by dogs trained to sniff out marijuana, went into the backyard of Defendant's house and onto his porch. Defendant and his friend were inside 34 having dinner. The dogs acted as if they smelled marijuana. Police Officers knocked on the back door. Defendant answered the door and let them in. Defendant was immediately placed under arrest. After a brief search, Police Officers confiscated a large quantity of marijuana which they found in Defendant's linen closet. Defendant's motion to prevent introduction of the marijuana into evidence will most probably be
0. denied, because the search was incident to a valid arrest.
1. denied, because Defendant permitted Police Officers to enter his house.
2. granted, because under the circumstances the police activity violated Defendant's reasonable expectations of privacy.
3. granted, because this kind of detection by trained dogs has not been scientifically verified and cannot be the basis for probable cause.
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 ). "
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
well as possession for the purpose of trafficking. this is a reasonable inference from the terms of article 4, which obliges the parties " to limit exclusively to medical and scientific purposes the production, manufacture, export, import, distribution of, trade in, use and possession of drugs ". there is also article 33, which provides that " the parties shall not permit the possession of drugs except under legal authority. "... on the face of article 26 it would not be unreasonable to argue that what is contemplated is possession for the purpose of trafficking rather than possession for use, and that the requirements of the article are satisfied if the former kind of possession is made a penal offense. the prevailing view, however, is that the word " possession " in article 36 includes simple possession for use. however, ledain himself concludes the costs to a significant number of individuals, the majority of whom are young people, and to society generally, of a policy of prohibition of simple possession are not justified by the potential for harm of cannabis and the additional influence which such a policy is likely to have upon perception of harm, demand and availability. we, therefore, recommend the repeal of the prohibition against the simple possession of cannabis. the canadian department of national health and welfare's 1979 report, the single convention and its implications for canadian cannabis policy, counters with circumstantial evidence to the contrary : the substantive argument in support of simple possession falling outside the scope of article 36 is founded on the assumption that it is intended to insure a penal response to the problem of illicit trafficking rather than to punish drug users who do not participate in the traffic. ( see united nations, 1973 : 112 ; noll, 1977 : 44 β 45 ) the third draft of the single convention, which served as the working document for the 1961 plenipotentiary conference, contained a paragraph identical to that which now appears as article 36, subparagraph 1 ( a ). this paragraph was included in a chapter entitled measures against illicit traffickers, but the format by which the third draft was divided into chapters was not transferred to the single convention, and this, apparently, is the sole reason why this chapter heading, along with all others, was deleted. ( see united nations, 1973 : 112 ) article 36 is still located in that part of the convention concerned with the illicit trade, sandwiched between article 35 ( action against the illicit traffic ) and article 37 ( seizure and confiscation ). in addition... the word " use ", suggesting personal consumption
there is scant literature to support this ability. one unimpressive pilot study looked at dogs β potential ability to detect bladder cancers from urine samples. the idea behind cancer dogs is that there may be volatile compounds produced in cancer patients that dogs can detect by scent. in these studies, the compounds are not identified, not tested for, not named. there are many confounders, for example, in the few samples used, there may be other differences being detected by the dogs. in the other study ( i found very few ) dogs were β trained β to detect lung and breast cancers in humans. the methodology of breath sampling is not validated as far as i can see, and once again, the putative compounds in breath are not identified. statistically, the efficacy is marginal at best β¦ i don β t doubt the social and emotional value of dogs as companions, and as active helpers in many circumstances. but beyond this, the evidence is wanting. = = see also = = scent hound = = references = =
= = block, carolyn rebecca ( 1995 ). " stac hotspot areas : a statistical tool for law enforcement ". in block, c. r. ; dabdoub, m. ; fregly, s. ( eds. ). crime analysis through computer ( pdf ). washington dc : police executive research forum. pp. 15 β 32. block, carolyn rebecca ; block, richard l. ( 1995 ). " space, place and crime : hot spot areas and hot places of liquor - related crime. ". in eck, john ; weisburd, david l. ( eds. ). crime places in crime theory ( pdf ). rutgers crime prevention studies series. newark, nj : criminal justice press. archived from the original ( pdf ) on 2012 - 07 - 28. brantingham, patricia l. ; brantingham, paul j. ( 1999 ). " theoretical model of crime hot spot generation ". studies on crime and crime prevention. 8 : 7 β 26. clark, philip j. ; evans, francis c. ( 1954 ). " distance to nearest neighbor as a measure of spatial relationships in populations " ( pdf ). ecology. 35 ( 4 ) : 445 β 53. bibcode : 1954ecol... 35.. 445c. doi : 10. 2307 / 1931034. jstor 1931034. eck, john ; chainey, spencer ; cameron, james ; wilson, ronald ( 2005 ). mapping crime : understanding hotspots ( pdf ). washington dc : national institute of justice. levine, n. ( 2005 ). " crime mapping and the crimestat program ". geographical analysis. 38 ( 1 ) : 41 β 56. doi : 10. 1111 / j. 0016 - 7363. 2005. 00673. x. mitchell, andy ( 2005 ). the esri guide to gis analysis. vol. 2 : spatial measurements and statistics. esri press. isbn 978 - 1 - 58948 - 116 - 9. van patten, isaac t. ; mckeldin - coner, jennifer m. ; cox, deana ( 2009 ). " a microspatial analysis of robbery : prospective hot spotting in a small city ". crime mapping : a journal of research and practice. 1 ( 1 ) : 7 β 32. ratcliffe, jerry h. ( 2002 ). " damned if you don't, damned if you do : crime mapping
Answer:
|
denied, because Defendant permitted Police Officers to enter his house.
| 0.3 |
Drew was tried for the July 21 murder of Victor.In his case in chief, Drew called his first witness, Wilma, to testify to Drew's reputation in his community as a "peaceable man." The testimony is
0. admissible as tending to prove that Drew is believable.
1. admissible as trying to prove that Drew is innocent.
2. inadmissible, because Drew has not testified.
3. inadmissible, because reputation is not a proper way to prove character
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, β uniqueness is overshadowed by the conditions for observations β. 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 β 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
, 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
eyewitness testimony is the account a bystander or victim gives in the courtroom, describing what that person observed that occurred during the specific incident under investigation. ideally this recollection of events is detailed ; however, this is not always the case. this recollection is used as evidence to show what happened from a witness'point of view. memory recall has been considered a credible source in the past, but has recently come under attack as forensics can now support psychologists in their claim that memories and individual perceptions can be unreliable, manipulated, and biased. as a result of this, many countries, and states within the united states, are now attempting to make changes in how eyewitness testimony is presented in court. eyewitness testimony is a specialized focus within cognitive psychology. = = reliability = = psychologists have probed the reliability of eyewitness testimony since the beginning of the 20th century. one prominent pioneer was hugo munsterberg, whose controversial book on the witness stand ( 1908 ) demonstrated the fallibility of eyewitness accounts, but met with fierce criticism, particularly in legal circles. his ideas did, however, gain popularity with the public. decades later, dna testing would clear individuals convicted on the basis of errant eyewitness testimony. studies by scheck, neufel, and dwyer showed that many dna - based exonerations involved eyewitness evidence. in the 1970s and'80s, bob buckhout showed, inter alia, that eyewitness conditions can, within ethical and other constraints, be simulated on university campuses, and that large numbers of people can be mistaken. in his study, " nearly 2, 000 witnesses can be wrong ", buckhout performed an experiment with 2, 145 at - home viewers of a popular news broadcast. the television network played a 13 - second clip of a mock robbery, produced by buckhout. in the video, viewers watched a man in a hat run up behind a woman, knock her over, and take her purse. the perpetrator's face was only visible for about 3. 5 seconds. the clip was followed by the announcer asking participants at home for cooperation in identifying the man who stole the purse. there was a lineup of six male suspects, each having a number associated with 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 perpet
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 β evidence relying on personal testimony confabulation β recall of fabricated, misinterpreted or distorted memories ( false memory ) forensic psychology β using psychological science to help answer legal questions legal psychology β psychological research of the law mistaken identity β 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
as recall past incidents, whereas other states may only require that the child is able to tell the truth. along with competency, a child's reliability and credibility must be tested as well. however, the guidelines for a determining a child's reliability and credibility are not as stringent as determining the child's competency. although it is important to establish a child's relative reliability and credibility for their testimony, a judge cannot bar a witness from testifying on the grounds that he or she is competent but not credible. = = factors impacting children's reports = = although measures exist to try to prevent poor reliability, credibility, and accuracy of children's reports, research of the child testimony process indicates that there are several difficulties that may be associated with the child testimony process, especially with regards to eyewitness testimony. topics such as language development, memory skills, susceptibility to suggestion, the truth - lie competency, and credibility and deception detection are being researched to determine their impact on a child's competency, reliability, and credibility. = = = language development = = = individual differences in language development and comprehension may cause difficulties in determining a child's relative competence with the child testimony process and the trial. although attorneys are required to use language that is developmentally appropriate with young child witnesses, children may still have difficulty understanding the difficult terminology associated with the courtroom. even if a child's report is accurate, adults can also make inaccurate inferences based on their report. however, some research suggests that the reliability of children's communicative competence can be minimized by better and clearer instructions as well as by more thorough preparation before the trial. = = = memory skills = = = the inconsistency of children's memory potentially creates a problem with the reliability of children's reports. a study done by klemfuss and ceci ( 2012 ) indicates that " general memory skill is inconsistently associated with children's accuracy ". children younger than the age of 6 also tend to remember a higher proportion of details inaccurately in their reports when compared to children of ages 8 and 10. along with the problem of poor memory development at a young age, there is a problem with remembering information accurately after a certain period of time. according to beuscher and roberts ( 2005 ), individuals tend to remember a higher ratio of accurate to inaccurate information over time. = = = susceptibility to suggestion = = = suggestibility is defined by ceci and bruck ( 1995
Answer:
|
admissible as trying to prove that Drew is innocent.
| null |
Drew was tried for the July 21 murder of Victor.In his case in chief, Drew called his first witness, Wilma, to testify to Drew's reputation in his community as a "peaceable man." The testimony is
0. admissible as tending to prove that Drew is believable.
1. admissible as trying to prove that Drew is innocent.
2. inadmissible, because Drew has not testified.
3. inadmissible, because reputation is not a proper way to prove character
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, β uniqueness is overshadowed by the conditions for observations β. 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 β 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
, 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
eyewitness testimony is the account a bystander or victim gives in the courtroom, describing what that person observed that occurred during the specific incident under investigation. ideally this recollection of events is detailed ; however, this is not always the case. this recollection is used as evidence to show what happened from a witness'point of view. memory recall has been considered a credible source in the past, but has recently come under attack as forensics can now support psychologists in their claim that memories and individual perceptions can be unreliable, manipulated, and biased. as a result of this, many countries, and states within the united states, are now attempting to make changes in how eyewitness testimony is presented in court. eyewitness testimony is a specialized focus within cognitive psychology. = = reliability = = psychologists have probed the reliability of eyewitness testimony since the beginning of the 20th century. one prominent pioneer was hugo munsterberg, whose controversial book on the witness stand ( 1908 ) demonstrated the fallibility of eyewitness accounts, but met with fierce criticism, particularly in legal circles. his ideas did, however, gain popularity with the public. decades later, dna testing would clear individuals convicted on the basis of errant eyewitness testimony. studies by scheck, neufel, and dwyer showed that many dna - based exonerations involved eyewitness evidence. in the 1970s and'80s, bob buckhout showed, inter alia, that eyewitness conditions can, within ethical and other constraints, be simulated on university campuses, and that large numbers of people can be mistaken. in his study, " nearly 2, 000 witnesses can be wrong ", buckhout performed an experiment with 2, 145 at - home viewers of a popular news broadcast. the television network played a 13 - second clip of a mock robbery, produced by buckhout. in the video, viewers watched a man in a hat run up behind a woman, knock her over, and take her purse. the perpetrator's face was only visible for about 3. 5 seconds. the clip was followed by the announcer asking participants at home for cooperation in identifying the man who stole the purse. there was a lineup of six male suspects, each having a number associated with 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 perpet
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 β evidence relying on personal testimony confabulation β recall of fabricated, misinterpreted or distorted memories ( false memory ) forensic psychology β using psychological science to help answer legal questions legal psychology β psychological research of the law mistaken identity β 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
as recall past incidents, whereas other states may only require that the child is able to tell the truth. along with competency, a child's reliability and credibility must be tested as well. however, the guidelines for a determining a child's reliability and credibility are not as stringent as determining the child's competency. although it is important to establish a child's relative reliability and credibility for their testimony, a judge cannot bar a witness from testifying on the grounds that he or she is competent but not credible. = = factors impacting children's reports = = although measures exist to try to prevent poor reliability, credibility, and accuracy of children's reports, research of the child testimony process indicates that there are several difficulties that may be associated with the child testimony process, especially with regards to eyewitness testimony. topics such as language development, memory skills, susceptibility to suggestion, the truth - lie competency, and credibility and deception detection are being researched to determine their impact on a child's competency, reliability, and credibility. = = = language development = = = individual differences in language development and comprehension may cause difficulties in determining a child's relative competence with the child testimony process and the trial. although attorneys are required to use language that is developmentally appropriate with young child witnesses, children may still have difficulty understanding the difficult terminology associated with the courtroom. even if a child's report is accurate, adults can also make inaccurate inferences based on their report. however, some research suggests that the reliability of children's communicative competence can be minimized by better and clearer instructions as well as by more thorough preparation before the trial. = = = memory skills = = = the inconsistency of children's memory potentially creates a problem with the reliability of children's reports. a study done by klemfuss and ceci ( 2012 ) indicates that " general memory skill is inconsistently associated with children's accuracy ". children younger than the age of 6 also tend to remember a higher proportion of details inaccurately in their reports when compared to children of ages 8 and 10. along with the problem of poor memory development at a young age, there is a problem with remembering information accurately after a certain period of time. according to beuscher and roberts ( 2005 ), individuals tend to remember a higher ratio of accurate to inaccurate information over time. = = = susceptibility to suggestion = = = suggestibility is defined by ceci and bruck ( 1995
Answer:
|
inadmissible, because Drew has not testified.
| 0.3 |
Drew was tried for the July 21 murder of Victor.Drew called William to testify that on July 20 Drew said that he was about to leave that day to visit relatives in a distant state. The testimony is
0. admissible, because it is a declaration of present mental state.
1. admissible, because it is not hearsay.
2. inadmissible, because it is irrelevant.
3. inadmissible, because it is hearsay, not within any exception.
, 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 Β£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
eyewitness testimony is the account a bystander or victim gives in the courtroom, describing what that person observed that occurred during the specific incident under investigation. ideally this recollection of events is detailed ; however, this is not always the case. this recollection is used as evidence to show what happened from a witness'point of view. memory recall has been considered a credible source in the past, but has recently come under attack as forensics can now support psychologists in their claim that memories and individual perceptions can be unreliable, manipulated, and biased. as a result of this, many countries, and states within the united states, are now attempting to make changes in how eyewitness testimony is presented in court. eyewitness testimony is a specialized focus within cognitive psychology. = = reliability = = psychologists have probed the reliability of eyewitness testimony since the beginning of the 20th century. one prominent pioneer was hugo munsterberg, whose controversial book on the witness stand ( 1908 ) demonstrated the fallibility of eyewitness accounts, but met with fierce criticism, particularly in legal circles. his ideas did, however, gain popularity with the public. decades later, dna testing would clear individuals convicted on the basis of errant eyewitness testimony. studies by scheck, neufel, and dwyer showed that many dna - based exonerations involved eyewitness evidence. in the 1970s and'80s, bob buckhout showed, inter alia, that eyewitness conditions can, within ethical and other constraints, be simulated on university campuses, and that large numbers of people can be mistaken. in his study, " nearly 2, 000 witnesses can be wrong ", buckhout performed an experiment with 2, 145 at - home viewers of a popular news broadcast. the television network played a 13 - second clip of a mock robbery, produced by buckhout. in the video, viewers watched a man in a hat run up behind a woman, knock her over, and take her purse. the perpetrator's face was only visible for about 3. 5 seconds. the clip was followed by the announcer asking participants at home for cooperation in identifying the man who stole the purse. there was a lineup of six male suspects, each having a number associated with 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 perpet
, 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
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 β evidence relying on personal testimony confabulation β recall of fabricated, misinterpreted or distorted memories ( false memory ) forensic psychology β using psychological science to help answer legal questions legal psychology β psychological research of the law mistaken identity β 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
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
Answer:
|
admissible, because it is a declaration of present mental state.
| null |
Drew was tried for the July 21 murder of Victor.Drew called William to testify that on July 20 Drew said that he was about to leave that day to visit relatives in a distant state. The testimony is
0. admissible, because it is a declaration of present mental state.
1. admissible, because it is not hearsay.
2. inadmissible, because it is irrelevant.
3. inadmissible, because it is hearsay, not within any exception.
, 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 Β£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
eyewitness testimony is the account a bystander or victim gives in the courtroom, describing what that person observed that occurred during the specific incident under investigation. ideally this recollection of events is detailed ; however, this is not always the case. this recollection is used as evidence to show what happened from a witness'point of view. memory recall has been considered a credible source in the past, but has recently come under attack as forensics can now support psychologists in their claim that memories and individual perceptions can be unreliable, manipulated, and biased. as a result of this, many countries, and states within the united states, are now attempting to make changes in how eyewitness testimony is presented in court. eyewitness testimony is a specialized focus within cognitive psychology. = = reliability = = psychologists have probed the reliability of eyewitness testimony since the beginning of the 20th century. one prominent pioneer was hugo munsterberg, whose controversial book on the witness stand ( 1908 ) demonstrated the fallibility of eyewitness accounts, but met with fierce criticism, particularly in legal circles. his ideas did, however, gain popularity with the public. decades later, dna testing would clear individuals convicted on the basis of errant eyewitness testimony. studies by scheck, neufel, and dwyer showed that many dna - based exonerations involved eyewitness evidence. in the 1970s and'80s, bob buckhout showed, inter alia, that eyewitness conditions can, within ethical and other constraints, be simulated on university campuses, and that large numbers of people can be mistaken. in his study, " nearly 2, 000 witnesses can be wrong ", buckhout performed an experiment with 2, 145 at - home viewers of a popular news broadcast. the television network played a 13 - second clip of a mock robbery, produced by buckhout. in the video, viewers watched a man in a hat run up behind a woman, knock her over, and take her purse. the perpetrator's face was only visible for about 3. 5 seconds. the clip was followed by the announcer asking participants at home for cooperation in identifying the man who stole the purse. there was a lineup of six male suspects, each having a number associated with 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 perpet
, 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
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 β evidence relying on personal testimony confabulation β recall of fabricated, misinterpreted or distorted memories ( false memory ) forensic psychology β using psychological science to help answer legal questions legal psychology β psychological research of the law mistaken identity β 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
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
Answer:
|
admissible, because it is not hearsay.
| 0.3 |
Drew was tried for the July 21 murder of Victor."Drew called Wilson to testify to alibi. On crossexamination of Wilson, the prosecution asked, "Isn't it a fact that you are Drew's first cousin?" The question is
0. proper, because it goes to bias.
1. proper, because a relative is not competent to give reputation testimony.
2. improper, because the question goes beyond the scope of direct examination.
3. improper, because the evidence being sought is irrelevant
##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 β based only on the fact that his blood type matches that of the killer β 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
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
as recall past incidents, whereas other states may only require that the child is able to tell the truth. along with competency, a child's reliability and credibility must be tested as well. however, the guidelines for a determining a child's reliability and credibility are not as stringent as determining the child's competency. although it is important to establish a child's relative reliability and credibility for their testimony, a judge cannot bar a witness from testifying on the grounds that he or she is competent but not credible. = = factors impacting children's reports = = although measures exist to try to prevent poor reliability, credibility, and accuracy of children's reports, research of the child testimony process indicates that there are several difficulties that may be associated with the child testimony process, especially with regards to eyewitness testimony. topics such as language development, memory skills, susceptibility to suggestion, the truth - lie competency, and credibility and deception detection are being researched to determine their impact on a child's competency, reliability, and credibility. = = = language development = = = individual differences in language development and comprehension may cause difficulties in determining a child's relative competence with the child testimony process and the trial. although attorneys are required to use language that is developmentally appropriate with young child witnesses, children may still have difficulty understanding the difficult terminology associated with the courtroom. even if a child's report is accurate, adults can also make inaccurate inferences based on their report. however, some research suggests that the reliability of children's communicative competence can be minimized by better and clearer instructions as well as by more thorough preparation before the trial. = = = memory skills = = = the inconsistency of children's memory potentially creates a problem with the reliability of children's reports. a study done by klemfuss and ceci ( 2012 ) indicates that " general memory skill is inconsistently associated with children's accuracy ". children younger than the age of 6 also tend to remember a higher proportion of details inaccurately in their reports when compared to children of ages 8 and 10. along with the problem of poor memory development at a young age, there is a problem with remembering information accurately after a certain period of time. according to beuscher and roberts ( 2005 ), individuals tend to remember a higher ratio of accurate to inaccurate information over time. = = = susceptibility to suggestion = = = suggestibility is defined by ceci and bruck ( 1995
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 β 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 β and of other courtroom effects, such as perry mason syndrome and white coat syndrome β 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
eyewitness testimony is the account a bystander or victim gives in the courtroom, describing what that person observed that occurred during the specific incident under investigation. ideally this recollection of events is detailed ; however, this is not always the case. this recollection is used as evidence to show what happened from a witness'point of view. memory recall has been considered a credible source in the past, but has recently come under attack as forensics can now support psychologists in their claim that memories and individual perceptions can be unreliable, manipulated, and biased. as a result of this, many countries, and states within the united states, are now attempting to make changes in how eyewitness testimony is presented in court. eyewitness testimony is a specialized focus within cognitive psychology. = = reliability = = psychologists have probed the reliability of eyewitness testimony since the beginning of the 20th century. one prominent pioneer was hugo munsterberg, whose controversial book on the witness stand ( 1908 ) demonstrated the fallibility of eyewitness accounts, but met with fierce criticism, particularly in legal circles. his ideas did, however, gain popularity with the public. decades later, dna testing would clear individuals convicted on the basis of errant eyewitness testimony. studies by scheck, neufel, and dwyer showed that many dna - based exonerations involved eyewitness evidence. in the 1970s and'80s, bob buckhout showed, inter alia, that eyewitness conditions can, within ethical and other constraints, be simulated on university campuses, and that large numbers of people can be mistaken. in his study, " nearly 2, 000 witnesses can be wrong ", buckhout performed an experiment with 2, 145 at - home viewers of a popular news broadcast. the television network played a 13 - second clip of a mock robbery, produced by buckhout. in the video, viewers watched a man in a hat run up behind a woman, knock her over, and take her purse. the perpetrator's face was only visible for about 3. 5 seconds. the clip was followed by the announcer asking participants at home for cooperation in identifying the man who stole the purse. there was a lineup of six male suspects, each having a number associated with 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 perpet
Answer:
|
proper, because it goes to bias.
| null |
Drew was tried for the July 21 murder of Victor."Drew called Wilson to testify to alibi. On crossexamination of Wilson, the prosecution asked, "Isn't it a fact that you are Drew's first cousin?" The question is
0. proper, because it goes to bias.
1. proper, because a relative is not competent to give reputation testimony.
2. improper, because the question goes beyond the scope of direct examination.
3. improper, because the evidence being sought is irrelevant
##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 β based only on the fact that his blood type matches that of the killer β 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
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
as recall past incidents, whereas other states may only require that the child is able to tell the truth. along with competency, a child's reliability and credibility must be tested as well. however, the guidelines for a determining a child's reliability and credibility are not as stringent as determining the child's competency. although it is important to establish a child's relative reliability and credibility for their testimony, a judge cannot bar a witness from testifying on the grounds that he or she is competent but not credible. = = factors impacting children's reports = = although measures exist to try to prevent poor reliability, credibility, and accuracy of children's reports, research of the child testimony process indicates that there are several difficulties that may be associated with the child testimony process, especially with regards to eyewitness testimony. topics such as language development, memory skills, susceptibility to suggestion, the truth - lie competency, and credibility and deception detection are being researched to determine their impact on a child's competency, reliability, and credibility. = = = language development = = = individual differences in language development and comprehension may cause difficulties in determining a child's relative competence with the child testimony process and the trial. although attorneys are required to use language that is developmentally appropriate with young child witnesses, children may still have difficulty understanding the difficult terminology associated with the courtroom. even if a child's report is accurate, adults can also make inaccurate inferences based on their report. however, some research suggests that the reliability of children's communicative competence can be minimized by better and clearer instructions as well as by more thorough preparation before the trial. = = = memory skills = = = the inconsistency of children's memory potentially creates a problem with the reliability of children's reports. a study done by klemfuss and ceci ( 2012 ) indicates that " general memory skill is inconsistently associated with children's accuracy ". children younger than the age of 6 also tend to remember a higher proportion of details inaccurately in their reports when compared to children of ages 8 and 10. along with the problem of poor memory development at a young age, there is a problem with remembering information accurately after a certain period of time. according to beuscher and roberts ( 2005 ), individuals tend to remember a higher ratio of accurate to inaccurate information over time. = = = susceptibility to suggestion = = = suggestibility is defined by ceci and bruck ( 1995
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 β 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 β and of other courtroom effects, such as perry mason syndrome and white coat syndrome β 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
eyewitness testimony is the account a bystander or victim gives in the courtroom, describing what that person observed that occurred during the specific incident under investigation. ideally this recollection of events is detailed ; however, this is not always the case. this recollection is used as evidence to show what happened from a witness'point of view. memory recall has been considered a credible source in the past, but has recently come under attack as forensics can now support psychologists in their claim that memories and individual perceptions can be unreliable, manipulated, and biased. as a result of this, many countries, and states within the united states, are now attempting to make changes in how eyewitness testimony is presented in court. eyewitness testimony is a specialized focus within cognitive psychology. = = reliability = = psychologists have probed the reliability of eyewitness testimony since the beginning of the 20th century. one prominent pioneer was hugo munsterberg, whose controversial book on the witness stand ( 1908 ) demonstrated the fallibility of eyewitness accounts, but met with fierce criticism, particularly in legal circles. his ideas did, however, gain popularity with the public. decades later, dna testing would clear individuals convicted on the basis of errant eyewitness testimony. studies by scheck, neufel, and dwyer showed that many dna - based exonerations involved eyewitness evidence. in the 1970s and'80s, bob buckhout showed, inter alia, that eyewitness conditions can, within ethical and other constraints, be simulated on university campuses, and that large numbers of people can be mistaken. in his study, " nearly 2, 000 witnesses can be wrong ", buckhout performed an experiment with 2, 145 at - home viewers of a popular news broadcast. the television network played a 13 - second clip of a mock robbery, produced by buckhout. in the video, viewers watched a man in a hat run up behind a woman, knock her over, and take her purse. the perpetrator's face was only visible for about 3. 5 seconds. the clip was followed by the announcer asking participants at home for cooperation in identifying the man who stole the purse. there was a lineup of six male suspects, each having a number associated with 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 perpet
Answer:
|
improper, because the evidence being sought is irrelevant
| 0.3 |
Drew was tried for the July 21 murder of Victor.Drew called Warren to testify to alibi. On crossexamination of Warren, the prosecutor asked, "Weren't you on the jury that acquitted Drew of another criminal charge?" The best reason for sustaining an objection to this question is th
0. the question goes beyond the scope of direct examination.
1. the probative value of the answer would be outweighed by its tendency to mislead.
2. the question is leading.
3. prior jury service in a case involving a party renders the witness incompetent.
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
##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 β based only on the fact that his blood type matches that of the killer β 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
, 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
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 one australian murder case, the defense counsel requested a judge - only trial to avoid having dna evidence misinterpreted by a jury. in addition to having to add questions during voir dire and making opening and closing statements, prosecutors are spending more time during the jury selection process in order to avoid choosing jury members who regularly watch crime - based television shows. [ 1 ] by 2006, the csi effect had become widely accepted as reality among legal professionals, despite little empirical evidence to validate or disprove it. a 2008 survey by researcher monica robbers showed that roughly 80 % of all american legal professionals believed they had had decisions affected by forensic television programs. new york university professor tom r. tyler argued that, from a psychological standpoint, crime shows are more likely to increase the rate of convictions than acquittals, as the shows promote a sense of justice and closure which is not attained when a jury acquits a defendant. the perceived rise in the rate of acquittals may be related to sympathy for the defendant or declining confidence in legal authorities. a 2006 survey of u. s. university students reached a similar conclusion : the influence of csi is unlikely to burden prosecutors, and may actually help them. one of the largest empirical studies of the csi effect was undertaken in 2006 by washtenaw county circuit court judge donald shelton and two researchers from eastern michigan university. they surveyed more than 1, 000 jurors, and found that while juror expectations for forensic evidence had increased, there was no correlation between viewership of crime shows and tendency to convict. one alternate explanation for the changing perception of forensic evidence is the so - called " tech effect " : as technology improves and becomes more prevalent throughout society, people develop higher expectations for the capabilities of forensic technology. shelton described one instance in which a jury member complained because the prosecution had not dusted the lawn for fingerprints, a procedure which is impossible and had not been demonstrated on any crime show. : ch. 7 a later study by the same authors found that frequent csi viewers may 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
). 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 β 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 β. isbn 9780080460642. retrieved 10 november 2017. cane, peter ; kritzer, herbert ( 2012 - 05 - 17 ). the oxford handbook of empirical legal research. oup oxford. pp. 668 β. isbn 9780191635434. retrieved 10 november 2017.
Answer:
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the probative value of the answer would be outweighed by its tendency to mislead.
| null |
Drew was tried for the July 21 murder of Victor.Drew called Warren to testify to alibi. On crossexamination of Warren, the prosecutor asked, "Weren't you on the jury that acquitted Drew of another criminal charge?" The best reason for sustaining an objection to this question is th
0. the question goes beyond the scope of direct examination.
1. the probative value of the answer would be outweighed by its tendency to mislead.
2. the question is leading.
3. prior jury service in a case involving a party renders the witness incompetent.
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
##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 β based only on the fact that his blood type matches that of the killer β 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
, 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
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 one australian murder case, the defense counsel requested a judge - only trial to avoid having dna evidence misinterpreted by a jury. in addition to having to add questions during voir dire and making opening and closing statements, prosecutors are spending more time during the jury selection process in order to avoid choosing jury members who regularly watch crime - based television shows. [ 1 ] by 2006, the csi effect had become widely accepted as reality among legal professionals, despite little empirical evidence to validate or disprove it. a 2008 survey by researcher monica robbers showed that roughly 80 % of all american legal professionals believed they had had decisions affected by forensic television programs. new york university professor tom r. tyler argued that, from a psychological standpoint, crime shows are more likely to increase the rate of convictions than acquittals, as the shows promote a sense of justice and closure which is not attained when a jury acquits a defendant. the perceived rise in the rate of acquittals may be related to sympathy for the defendant or declining confidence in legal authorities. a 2006 survey of u. s. university students reached a similar conclusion : the influence of csi is unlikely to burden prosecutors, and may actually help them. one of the largest empirical studies of the csi effect was undertaken in 2006 by washtenaw county circuit court judge donald shelton and two researchers from eastern michigan university. they surveyed more than 1, 000 jurors, and found that while juror expectations for forensic evidence had increased, there was no correlation between viewership of crime shows and tendency to convict. one alternate explanation for the changing perception of forensic evidence is the so - called " tech effect " : as technology improves and becomes more prevalent throughout society, people develop higher expectations for the capabilities of forensic technology. shelton described one instance in which a jury member complained because the prosecution had not dusted the lawn for fingerprints, a procedure which is impossible and had not been demonstrated on any crime show. : ch. 7 a later study by the same authors found that frequent csi viewers may 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
). 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 β 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 β. isbn 9780080460642. retrieved 10 november 2017. cane, peter ; kritzer, herbert ( 2012 - 05 - 17 ). the oxford handbook of empirical legal research. oup oxford. pp. 668 β. isbn 9780191635434. retrieved 10 november 2017.
Answer:
|
the question is leading.
| 0.3 |
Redirect examination of a witness must be permitted in which of the following circumstances?
0. To reply to any matter raised in crossexamination.
1. Only to reply to significant new matter raised in cross-examination.
2. Only to reiterate the essential elements of the case.
3. Only to supply significant information inadvertently omitted on direct examination
the public, the review board must grant the accused an absolute discharge, an order essentially terminating the jurisdiction of the criminal law over the accused. otherwise, the review board must order that the accused be either discharged subject to conditions or detained in a hospital, both subject to conditions. the conditions imposed must be the least onerous and least restrictive necessary to mitigate any danger the accused may pose to others. since the review board is empowered under criminal law powers under s. 91 ( 27 ) of the constitution act, 1867 the sole justification for its jurisdiction is public safety. therefore, the nature of the inquiry is the danger the accused may pose to public safety rather than whether the accused is " cured ". for instance, many " sick " accused persons are discharged absolutely on the basis that they are not a danger to the public while many " sane " accused are detained on the basis that they are dangerous. moreover, the notion of " significant threat to the safety of the public " is a " criminal threat ". this means that the review board must find that the threat posed by the accused is of a criminal nature. while proceedings before a review board are less formal than in court, there are many procedural safeguards available to the accused given the potential indefinite nature of part xx. 1. any party may appeal against the decision of a review board. in 1992 when the new mental disorder provisions were enacted, parliament included " capping " provisions which were to be enacted at a later date. these capping provisions limited the jurisdiction of a review board over an accused based on the maximum potential sentence had the accused been convicted ( e. g. there would be a cap of 5 years if the maximum penalty for the index offence is 5 years ). however, these provisions were never proclaimed into force and were subsequently repealed. a review board must hold a hearing every 12 months ( unless extended to 24 months ) until the accused is discharged absolutely. = = = = accused unfit to stand trial = = = = the issue of mental disorder may also come into play before a trial even begins if the accused's mental state prevents the accused from being able to appreciate the nature of a trial and to conduct a defence. an accused who is found to be unfit to stand trial is subject to the jurisdiction a review board. while the considerations are essentially the same, there are a few provisions which apply only to unfit accused. a review board must determine whether the accused is fit to stand trial. regardless of the determination, the review board must then determine what conditions should be imposed on the
a potentially unlawful death are made. as the protocol details, this includes all cases where the state has caused a death or where it is alleged or suspected that the state caused a death ( for example, where law enforcement officers used force that may have contributed to the death ) or where the state has failed to exercise due diligence to prevent a death at the hands of a third party. in all cases outside the conduct of hostilities in an armed conflict, this duty exists regardless of whether it is suspected or alleged that the death was unlawful. the protocol offers a particular note on the duty to investigate during the conduct of hostilities, which it highlights as a context that may provide practical difficulties for the application of much of the protocol β s content. all suspected war crimes must be investigated. but the protocol also emphasizes that, where, during the conduct of hostilities, it appears that casualties have resulted from an attack, a post - operation assessment should be conducted to establish the facts, including the accuracy of the targeting. more broadly, the protocol also highlights that the state also has a duty to investigate all potentially unlawful death caused by private individuals, even if the state cannot be held responsible for failing to prevent such deaths. the protocol also establishes standards for what it calls the β elements and principles of investigations β, broadly that they should be prompt effective and thorough independent and impartial transparent the protocol is explicitly non - prescriptive with respect to investigative mechanisms, noting that the duty to investigate does not necessarily require one particular investigative mechanism in preference to another. states may use a wide range of mechanisms, as determined or suggested by domestic law and practice, as long as those mechanisms meet international law requirements. = = conducting an investigation = = the bulk of the minnesota protocol provides first strategies and principles and then detailed guidelines on practical steps that should be taken in an effective investigation. the overarching strategy of any investigation should be methodical and transparent, and all legitimate lines of inquiry should be pursued. an investigation may gather different types of material, not all of which will be used as evidence in a judicial proceeding. but all relevant materials or observations should be secured and logged. the protocol establishes that a set of operational and tactical processes for the investigation should also be designed. these should seek to establish significant facts, preserve relevant material and lead to the identification of all the parties involved, including by managing the following : collection, analysis and management of evidence, data and materials forensic examination of important physical locations, including the death / crime scene family liaison development of a victim profile finding, interviewing
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
quantification to be quantified. if the value is below the limit the value is not considered reliable. = = = testimony = = = the standardized procedures for testimony by forensic chemists are provided by the various agencies that employ the scientists as well as swgdrug. forensic chemists are ethically bound to present testimony in a neutral manner and to be open to reconsidering their statements if new information is found. : 3 chemists should also limit their testimony to areas they have been qualified in regardless of questions during direct or cross - examination. : 27 individuals called to testify must be able to relay scientific information and processes in a manner that lay individuals can understand. by being qualified as an expert, chemists are allowed to give their opinions on the evidence as opposed to just stating the facts. this can lead to competing opinions from experts hired by the opposing side. ethical guidelines for forensic chemists require that testimony be given in an objective manner, regardless of what side the expert is testifying for. forensic experts that are called to testify are expected to work with the lawyer who issued the summons and to assist in their understanding of the material they will be asking questions about. = = = education = = = forensic chemistry positions require a bachelor's degree or similar in a natural or physical science, as well as laboratory experience in general, organic, and analytical chemistry. once in the position, individuals are trained in protocols performed at that specific lab until they are proven competent to perform all experiments without supervision. practicing chemists in the field are expected to complete continuing education to maintain their proficiency. : 4 β 6 = = references = =
as recall past incidents, whereas other states may only require that the child is able to tell the truth. along with competency, a child's reliability and credibility must be tested as well. however, the guidelines for a determining a child's reliability and credibility are not as stringent as determining the child's competency. although it is important to establish a child's relative reliability and credibility for their testimony, a judge cannot bar a witness from testifying on the grounds that he or she is competent but not credible. = = factors impacting children's reports = = although measures exist to try to prevent poor reliability, credibility, and accuracy of children's reports, research of the child testimony process indicates that there are several difficulties that may be associated with the child testimony process, especially with regards to eyewitness testimony. topics such as language development, memory skills, susceptibility to suggestion, the truth - lie competency, and credibility and deception detection are being researched to determine their impact on a child's competency, reliability, and credibility. = = = language development = = = individual differences in language development and comprehension may cause difficulties in determining a child's relative competence with the child testimony process and the trial. although attorneys are required to use language that is developmentally appropriate with young child witnesses, children may still have difficulty understanding the difficult terminology associated with the courtroom. even if a child's report is accurate, adults can also make inaccurate inferences based on their report. however, some research suggests that the reliability of children's communicative competence can be minimized by better and clearer instructions as well as by more thorough preparation before the trial. = = = memory skills = = = the inconsistency of children's memory potentially creates a problem with the reliability of children's reports. a study done by klemfuss and ceci ( 2012 ) indicates that " general memory skill is inconsistently associated with children's accuracy ". children younger than the age of 6 also tend to remember a higher proportion of details inaccurately in their reports when compared to children of ages 8 and 10. along with the problem of poor memory development at a young age, there is a problem with remembering information accurately after a certain period of time. according to beuscher and roberts ( 2005 ), individuals tend to remember a higher ratio of accurate to inaccurate information over time. = = = susceptibility to suggestion = = = suggestibility is defined by ceci and bruck ( 1995
Answer:
|
Only to reply to significant new matter raised in cross-examination.
| null |
Redirect examination of a witness must be permitted in which of the following circumstances?
0. To reply to any matter raised in crossexamination.
1. Only to reply to significant new matter raised in cross-examination.
2. Only to reiterate the essential elements of the case.
3. Only to supply significant information inadvertently omitted on direct examination
the public, the review board must grant the accused an absolute discharge, an order essentially terminating the jurisdiction of the criminal law over the accused. otherwise, the review board must order that the accused be either discharged subject to conditions or detained in a hospital, both subject to conditions. the conditions imposed must be the least onerous and least restrictive necessary to mitigate any danger the accused may pose to others. since the review board is empowered under criminal law powers under s. 91 ( 27 ) of the constitution act, 1867 the sole justification for its jurisdiction is public safety. therefore, the nature of the inquiry is the danger the accused may pose to public safety rather than whether the accused is " cured ". for instance, many " sick " accused persons are discharged absolutely on the basis that they are not a danger to the public while many " sane " accused are detained on the basis that they are dangerous. moreover, the notion of " significant threat to the safety of the public " is a " criminal threat ". this means that the review board must find that the threat posed by the accused is of a criminal nature. while proceedings before a review board are less formal than in court, there are many procedural safeguards available to the accused given the potential indefinite nature of part xx. 1. any party may appeal against the decision of a review board. in 1992 when the new mental disorder provisions were enacted, parliament included " capping " provisions which were to be enacted at a later date. these capping provisions limited the jurisdiction of a review board over an accused based on the maximum potential sentence had the accused been convicted ( e. g. there would be a cap of 5 years if the maximum penalty for the index offence is 5 years ). however, these provisions were never proclaimed into force and were subsequently repealed. a review board must hold a hearing every 12 months ( unless extended to 24 months ) until the accused is discharged absolutely. = = = = accused unfit to stand trial = = = = the issue of mental disorder may also come into play before a trial even begins if the accused's mental state prevents the accused from being able to appreciate the nature of a trial and to conduct a defence. an accused who is found to be unfit to stand trial is subject to the jurisdiction a review board. while the considerations are essentially the same, there are a few provisions which apply only to unfit accused. a review board must determine whether the accused is fit to stand trial. regardless of the determination, the review board must then determine what conditions should be imposed on the
a potentially unlawful death are made. as the protocol details, this includes all cases where the state has caused a death or where it is alleged or suspected that the state caused a death ( for example, where law enforcement officers used force that may have contributed to the death ) or where the state has failed to exercise due diligence to prevent a death at the hands of a third party. in all cases outside the conduct of hostilities in an armed conflict, this duty exists regardless of whether it is suspected or alleged that the death was unlawful. the protocol offers a particular note on the duty to investigate during the conduct of hostilities, which it highlights as a context that may provide practical difficulties for the application of much of the protocol β s content. all suspected war crimes must be investigated. but the protocol also emphasizes that, where, during the conduct of hostilities, it appears that casualties have resulted from an attack, a post - operation assessment should be conducted to establish the facts, including the accuracy of the targeting. more broadly, the protocol also highlights that the state also has a duty to investigate all potentially unlawful death caused by private individuals, even if the state cannot be held responsible for failing to prevent such deaths. the protocol also establishes standards for what it calls the β elements and principles of investigations β, broadly that they should be prompt effective and thorough independent and impartial transparent the protocol is explicitly non - prescriptive with respect to investigative mechanisms, noting that the duty to investigate does not necessarily require one particular investigative mechanism in preference to another. states may use a wide range of mechanisms, as determined or suggested by domestic law and practice, as long as those mechanisms meet international law requirements. = = conducting an investigation = = the bulk of the minnesota protocol provides first strategies and principles and then detailed guidelines on practical steps that should be taken in an effective investigation. the overarching strategy of any investigation should be methodical and transparent, and all legitimate lines of inquiry should be pursued. an investigation may gather different types of material, not all of which will be used as evidence in a judicial proceeding. but all relevant materials or observations should be secured and logged. the protocol establishes that a set of operational and tactical processes for the investigation should also be designed. these should seek to establish significant facts, preserve relevant material and lead to the identification of all the parties involved, including by managing the following : collection, analysis and management of evidence, data and materials forensic examination of important physical locations, including the death / crime scene family liaison development of a victim profile finding, interviewing
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
quantification to be quantified. if the value is below the limit the value is not considered reliable. = = = testimony = = = the standardized procedures for testimony by forensic chemists are provided by the various agencies that employ the scientists as well as swgdrug. forensic chemists are ethically bound to present testimony in a neutral manner and to be open to reconsidering their statements if new information is found. : 3 chemists should also limit their testimony to areas they have been qualified in regardless of questions during direct or cross - examination. : 27 individuals called to testify must be able to relay scientific information and processes in a manner that lay individuals can understand. by being qualified as an expert, chemists are allowed to give their opinions on the evidence as opposed to just stating the facts. this can lead to competing opinions from experts hired by the opposing side. ethical guidelines for forensic chemists require that testimony be given in an objective manner, regardless of what side the expert is testifying for. forensic experts that are called to testify are expected to work with the lawyer who issued the summons and to assist in their understanding of the material they will be asking questions about. = = = education = = = forensic chemistry positions require a bachelor's degree or similar in a natural or physical science, as well as laboratory experience in general, organic, and analytical chemistry. once in the position, individuals are trained in protocols performed at that specific lab until they are proven competent to perform all experiments without supervision. practicing chemists in the field are expected to complete continuing education to maintain their proficiency. : 4 β 6 = = references = =
as recall past incidents, whereas other states may only require that the child is able to tell the truth. along with competency, a child's reliability and credibility must be tested as well. however, the guidelines for a determining a child's reliability and credibility are not as stringent as determining the child's competency. although it is important to establish a child's relative reliability and credibility for their testimony, a judge cannot bar a witness from testifying on the grounds that he or she is competent but not credible. = = factors impacting children's reports = = although measures exist to try to prevent poor reliability, credibility, and accuracy of children's reports, research of the child testimony process indicates that there are several difficulties that may be associated with the child testimony process, especially with regards to eyewitness testimony. topics such as language development, memory skills, susceptibility to suggestion, the truth - lie competency, and credibility and deception detection are being researched to determine their impact on a child's competency, reliability, and credibility. = = = language development = = = individual differences in language development and comprehension may cause difficulties in determining a child's relative competence with the child testimony process and the trial. although attorneys are required to use language that is developmentally appropriate with young child witnesses, children may still have difficulty understanding the difficult terminology associated with the courtroom. even if a child's report is accurate, adults can also make inaccurate inferences based on their report. however, some research suggests that the reliability of children's communicative competence can be minimized by better and clearer instructions as well as by more thorough preparation before the trial. = = = memory skills = = = the inconsistency of children's memory potentially creates a problem with the reliability of children's reports. a study done by klemfuss and ceci ( 2012 ) indicates that " general memory skill is inconsistently associated with children's accuracy ". children younger than the age of 6 also tend to remember a higher proportion of details inaccurately in their reports when compared to children of ages 8 and 10. along with the problem of poor memory development at a young age, there is a problem with remembering information accurately after a certain period of time. according to beuscher and roberts ( 2005 ), individuals tend to remember a higher ratio of accurate to inaccurate information over time. = = = susceptibility to suggestion = = = suggestibility is defined by ceci and bruck ( 1995
Answer:
|
To reply to any matter raised in crossexamination.
| 0.3 |
On March 1, Mechanic agreed to repair Ohner's machine for $5,000, to be paid on completion of the work. On March 15, before the work was completed, Mechanic sent a letter to Ohner with a copy to Jones, telling Ohner to pay the $5,000 to Jones, who was one of Mechanic's creditors. Mechanic then completed the work. Which of the following, if true, would best serve Ohner as a defense in an action brought against him by Jones for $5,000?
0. Jones was incapable of performing Mechanic's work.
1. Mechanic had not performed his work in a workmanlike manner. 35
2. On March 1, Mechanic had promised Ohner that he would not assign the contract.
3. Jones was not the intended beneficiary of the Ohner-Mechanic contract
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
that pressler & pressler, " one of the biggest in the collection industry ", used the " online database called anywho to hunt for debtors ". they then summoned all those with the same name to court. judge dear called for a sanctions hearing, a formal process of penalizing pressler & pressler, for suing the wrong man without confirming the man's claims about his social security number and date of birth. judge dear also called for compensation for lost wages for the man wrongfully summoned and accused. in cases where the wrongfully accused does not respond to the debt collector's " civil court summons β even if wrongly identified β faces a default judgment and frozen bank accounts ". until judge dear's case, there were " few penalties against collectors for dragging the wrong people into court ". in april 2016, pressler and pressler's two principal partners, sheldon h. pressler and gerard j. felt and " new century financial services, inc., a debt buyer ", were ordered by the consumer financial protection bureau ( cfpb ) " to stop churning out unfair and deceptive debt collection lawsuits based on flimsy or nonexistent evidence ". they were also barred from " illegal practices that can deceive or intimidate consumers, such as filing lawsuits without determining if debts in question are valid ". the law firm, the partners themselves and the debt buyer were ordered to pay a total of $ 2. 5 million in fines to the cfpb's civil penalty fund. the respondents " violated the fair debt collection practices act and the dodd β frank wall street reform and consumer protection act, which prohibits unfair and deceptive acts or practices in the consumer financial marketplace ". = = = student loans = = = on may 28, 2015, three defendants β navient solutions inc. ( formerly known as sallie mae, inc. ), and navient de corporation ( formerly known as slm de corporation ), and sallie mae bank β were charged with violating the service members civil relief act ( scra ) from 2005 through 2015 by " failing to provide members of the military the 6 percent interest rate cap to which they were entitled for loans that were incurred before the military service began ". the defendants had to pay $ 60 million in compensation to the nearly 78, 000 military service members " who were forced to pay more for their student loans than is required under the scra ". navient was fined $ 55, 000 as a civil penalty pay
december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r. day ( december 1969 ). " assured clear distance doctrine in louisiana ". louisiana law review. 30 ( 1 ) : 129 β 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 β 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 β 48, 162 β 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
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
developed in societies. he claimed tolerated theft did, then once it became frequent, reciprocal altruism could develop. jones outlines several assumptions for his model of tolerated theft : food can be taken by force, unlike rescue or other reciprocal behaviors food can be broken apart into portions, like parts of a single carcass individuals fight only for fitness gain. in this case, a resource's fitness benefit determines the fight outcome. individuals with much to gain will fight harder and usually win, gaining the fitness benefit. resource values are unequal, but individuals have equal resource holding potential ( rhp ), a measurement of strength and fighting ability. some parts of a food package will have higher value than others ( i. e., they follow a diminishing value curve ). therefore, the individual that obtains a large package of food ( in cases where this seldom happens ) faces asymmetric contests over food, and the obtainer does not benefit from fighting over less valuable portions. however, latecomers who have not obtained food on their own will have much to gain even from the less valuable portions. it is not worth the effort for a food - obtainer to fight over these portions, and so the obtainer should be expected to relinquish these without a fight since it would likely lose to the latecomer. thus, another expectation is that natural selection will favor the ability to assess costs and benefits. among frequently interacting individuals, the roles of obtainer and latecomer / thief are interchanged, balancing out benefits of latecomer gains and obtainer losses, so reciprocation develops to avoid injury. equal, reciprocal sharing is the eventual consequence from this tolerated theft behavior. when food packages are small to begin with, then theft is less tolerated as portions have lower returns along the assumed diminishing value curve. hoarding is expected in cases where either food can be defended, there is a season of scarcity, a synchronous glut ( ex. salmon run or agricultural harvest ), or when accumulated food no longer follows a diminishing curve ( as with financial capital ). scrounging is expected to increase among groups when active foragers miss out on sharing opportunities due to their own acts of less successful foraging. foragers do worse than scroungers because scroungers are able to participate in 100 % of sharing events. based on studies by de waal and others, chimpanzees exhibit tolerated theft behaviors. these are typically between mother and offspring
Answer:
|
Mechanic had not performed his work in a workmanlike manner. 35
| null |
On March 1, Mechanic agreed to repair Ohner's machine for $5,000, to be paid on completion of the work. On March 15, before the work was completed, Mechanic sent a letter to Ohner with a copy to Jones, telling Ohner to pay the $5,000 to Jones, who was one of Mechanic's creditors. Mechanic then completed the work. Which of the following, if true, would best serve Ohner as a defense in an action brought against him by Jones for $5,000?
0. Jones was incapable of performing Mechanic's work.
1. Mechanic had not performed his work in a workmanlike manner. 35
2. On March 1, Mechanic had promised Ohner that he would not assign the contract.
3. Jones was not the intended beneficiary of the Ohner-Mechanic contract
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
that pressler & pressler, " one of the biggest in the collection industry ", used the " online database called anywho to hunt for debtors ". they then summoned all those with the same name to court. judge dear called for a sanctions hearing, a formal process of penalizing pressler & pressler, for suing the wrong man without confirming the man's claims about his social security number and date of birth. judge dear also called for compensation for lost wages for the man wrongfully summoned and accused. in cases where the wrongfully accused does not respond to the debt collector's " civil court summons β even if wrongly identified β faces a default judgment and frozen bank accounts ". until judge dear's case, there were " few penalties against collectors for dragging the wrong people into court ". in april 2016, pressler and pressler's two principal partners, sheldon h. pressler and gerard j. felt and " new century financial services, inc., a debt buyer ", were ordered by the consumer financial protection bureau ( cfpb ) " to stop churning out unfair and deceptive debt collection lawsuits based on flimsy or nonexistent evidence ". they were also barred from " illegal practices that can deceive or intimidate consumers, such as filing lawsuits without determining if debts in question are valid ". the law firm, the partners themselves and the debt buyer were ordered to pay a total of $ 2. 5 million in fines to the cfpb's civil penalty fund. the respondents " violated the fair debt collection practices act and the dodd β frank wall street reform and consumer protection act, which prohibits unfair and deceptive acts or practices in the consumer financial marketplace ". = = = student loans = = = on may 28, 2015, three defendants β navient solutions inc. ( formerly known as sallie mae, inc. ), and navient de corporation ( formerly known as slm de corporation ), and sallie mae bank β were charged with violating the service members civil relief act ( scra ) from 2005 through 2015 by " failing to provide members of the military the 6 percent interest rate cap to which they were entitled for loans that were incurred before the military service began ". the defendants had to pay $ 60 million in compensation to the nearly 78, 000 military service members " who were forced to pay more for their student loans than is required under the scra ". navient was fined $ 55, 000 as a civil penalty pay
december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r. day ( december 1969 ). " assured clear distance doctrine in louisiana ". louisiana law review. 30 ( 1 ) : 129 β 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 β 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 β 48, 162 β 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
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
developed in societies. he claimed tolerated theft did, then once it became frequent, reciprocal altruism could develop. jones outlines several assumptions for his model of tolerated theft : food can be taken by force, unlike rescue or other reciprocal behaviors food can be broken apart into portions, like parts of a single carcass individuals fight only for fitness gain. in this case, a resource's fitness benefit determines the fight outcome. individuals with much to gain will fight harder and usually win, gaining the fitness benefit. resource values are unequal, but individuals have equal resource holding potential ( rhp ), a measurement of strength and fighting ability. some parts of a food package will have higher value than others ( i. e., they follow a diminishing value curve ). therefore, the individual that obtains a large package of food ( in cases where this seldom happens ) faces asymmetric contests over food, and the obtainer does not benefit from fighting over less valuable portions. however, latecomers who have not obtained food on their own will have much to gain even from the less valuable portions. it is not worth the effort for a food - obtainer to fight over these portions, and so the obtainer should be expected to relinquish these without a fight since it would likely lose to the latecomer. thus, another expectation is that natural selection will favor the ability to assess costs and benefits. among frequently interacting individuals, the roles of obtainer and latecomer / thief are interchanged, balancing out benefits of latecomer gains and obtainer losses, so reciprocation develops to avoid injury. equal, reciprocal sharing is the eventual consequence from this tolerated theft behavior. when food packages are small to begin with, then theft is less tolerated as portions have lower returns along the assumed diminishing value curve. hoarding is expected in cases where either food can be defended, there is a season of scarcity, a synchronous glut ( ex. salmon run or agricultural harvest ), or when accumulated food no longer follows a diminishing curve ( as with financial capital ). scrounging is expected to increase among groups when active foragers miss out on sharing opportunities due to their own acts of less successful foraging. foragers do worse than scroungers because scroungers are able to participate in 100 % of sharing events. based on studies by de waal and others, chimpanzees exhibit tolerated theft behaviors. these are typically between mother and offspring
Answer:
|
Jones was incapable of performing Mechanic's work.
| 0.3 |
BCD, a manufacturer of computers, pays its salespeople a salary of $1,000 per month and a commission of five percent on billings actually rendered for machines that they sell. BCD salespeople are employed at will under written agreements which provide that in order to receive a commission the salesperson must be in the employment of the company when the bill is sent to the customer. In 1976, John, a salesperson for BCD, worked for eight months to get an order from Bobb Corporation for a large $750,000 computer. He consulted extensively with Bobb's top executives and worked with its operating personnel to develop detailed specifications for the new equipment. He also promised Bobb, with BCD's knowledge and approval, to assist Bobb for six months after installation in making the equipment work. On January 1, 1977, Bobb signed an order, and on March 1, the computer was installed. On March 15, BCD fired John on the stated ground that he had failed to meet his 1975 and 1976 sales quotas. John thought that BCD was correct in this statement. Another salesperson, Franklin, was thereupon assigned to service the Bobb account. On March 31, BCD billed Bobb for the computer."Assume for this question only that BCD's termination of John's employment was not wrongful. If John, after demand and refusal, sues BCD for the Bobb sale commission, which of the following is the most likely to result?
0. John will win, because he had procured the sale of the computer.
1. John will win, because he had promised Bobb to assist in making the equipment work.
2. BCD will win, because Franklin is entitled to the commission on a quantum meruit basis.
3. BCD will win, because John was not employed as a BCD salesperson when Bobb was billed for the computer.
= = = decline = = = like today's trend of mobile devices from personal computers, in 1984 for the first time estimated sales of desktop computers ( $ 11. 6 billion ) exceeded mainframe computers ( $ 11. 4 billion ). ibm received the vast majority of mainframe revenue. from 1991 to 1996, at & t corporation briefly owned ncr, one of the major original mainframe producers. during the same period, companies found that servers based on microcomputer designs could be deployed at a fraction of the acquisition price and offer local users much greater control over their own systems given the it policies and practices at that time. terminals used for interacting with mainframe systems were gradually replaced by personal computers. consequently, demand plummeted and new mainframe installations were restricted mainly to financial services and government. in the early 1990s, there was a rough consensus among industry analysts that the mainframe was a dying market as mainframe platforms were increasingly replaced by personal computer networks. in 2012, nasa powered down its last mainframe, an ibm system z9. however, ibm's successor to the z9, the z10, led a new york times reporter to state four years earlier that " mainframe technology β hardware, software and services β remains a large and lucrative business for ibm, and mainframes are still the back - office engines behind the world's financial markets and much of global commerce ". as of 2010, while mainframe technology represented less than 3 % of ibm's revenues, it " continue [ d ] to play an outsized role in big blue's results ". = = supercomputers = = the top500 project lists and ranks the 500 fastest supercomputers for which benchmark results are submitted. since the early 1990s, the field of supercomputers has been dominated by unix or unix - like operating systems, and starting in 2017, every top 500 fastest supercomputer uses linux as its supercomputer operating system. the last supercomputer to rank # 1 while using an operating system other than linux was asci white, which ran aix. it held the title from november 2000 to november 2001, and was decommissioned in 2006. then in june 2017, two aix computers held rank 493 and 494, the last non - linux systems before they dropped off the list. historically all kinds of unix operating systems dominated, and in the end ultimately linux remains. = = market share by category = = = = see also = = comparison of operating systems list
million series c investment in skybitz. in april 2004, andy wood resigned as ceo and the company's cfo, rick burtner, became ceo. in 2005, skybitz acquired customers in the transportation industry including r & r trucking, tri - state motor, quality distribution and j rayl. the company was also selected as a " 2005 future 50 " technology company by smartceo magazine for its strategic direction and customer growth. in 2006, skybitz announced smart sensor tracking technology to optimize trailer utilization, improve reporting and maximize security. the company was named a β rising star β in deloitte & touche usa llp's technology fast 50 program for the state of virginia. skybitz also became the official tracking solution for the delivery of the united states capitol christmas tree. also in 2006, bob blair joined the company as cfo. in february 2007, the canadian imperial bank of commerce ( via cibc capital partners ) led the fourth round of funding totaling $ 10 million. in october 2007, homaira akbari replaced burtner as ceo. by the end of 2007 skybitz had acquired more than 400 customers in north america and added two new products : a cargo sensor and tractor / trailer id. the company was also ranked in inc. 500, the deloitte wireless fast 50, deloitte technology fast 500, the deloitte technology fast 50 for the states of virginia and maryland, and the heavy duty trucking nifty fifty award. = = = expansion = = = in january 2009, skybitz and research firm csmg, the strategy division of tmng global, announced new research quantifying the benefits of remote asset management. then in april 2009, skybitz expanded its sales coverage into canada with a partnership with elm technologies. also in april, a case study was released by the defense advanced research projects agency ( darpa ) highlighting skybitz technology. later in 2009 the company launched a new terrestrial - based tracking solution on kore networks, announced it received defense transportation tracking system ii ( dtts ) certification by the military surface deployment and distribution commands ( sddc ), and launched a new asset tracking software for trailer leasing companies. in 2010, skybitz announced a strategic partnership with iridium communications inc. by 2012 skybitz had launched a new iridium - based global solution. this quick expansion phase resulted in skybitz being named to inc. 5000 for five consecutive years from 2007 to 2011. it also drew the attention
companies producing ac and dc motors, generators, steam turbines and transformers. on 10 august 1987, asea and bbc announced they would merge to form asea brown boveri ( abb ). the new corporation would remain headquartered in both zurich, switzerland and vasteras, sweden, with each parent company holding 50 percent. the merger created a global industrial group with revenue of approximately $ 15 billion and 160, 000 employees. when abb began operations on 5 january 1988, its core operations included power generation, transmission and distribution ; electric transportation ; and industrial automation and robotics. in its first year, abb undertook some 15 acquisitions, including the environmental control group flakt ab of sweden, the contracting group sadelmi / cogepi of italy, and the railway manufacturer scandia - randers a / s of denmark. during 1989, abb purchased an additional 40 companies, including westinghouse electric's transmission and distribution assets, and announced an agreement to purchase the stamford, connecticut - based combustion engineering ( c - e ). = = = 1990s = = = during 1990, abb bought the robotics business of cincinnati milacron in the us. the acquisition expanded abb's presence in automated spot - welding and positioned the company to better serve the american automotive industry. abb's 1991 introduction of the irb 6000 robot, demonstrated its increased capacity in this field. the first modular robot, the irb 6000, can be reconfigured to perform a variety of specific tasks. at the time of its launch, the irb 6000 was the fastest and most accurate spot - welding robot on the market. in the early 1990s, abb started expanding in central and eastern europe. by the end of 1991, the company employed 10, 000 people in the region. the following year, that number doubled. a similar pattern played out in asia, where economic reforms in china and the lifting of some economic sanctions, helped open the region to a new wave of outside investment and industrial growth. by 1994, abb had 30, 000 employees and 100 plants, engineering, service and marketing centers across asia ; numbers that would continue to grow. through the 1990s, abb continued its strategy of targeted expansion in eastern europe, the asia β pacific region and the americas. in 1990, abb also expanded into australia when it acquired commonwealth engineering's ( comeng ) plant in dandenong, melbourne. abb continued to manufacture comeng's b - class melbourne tram at the plant. however, it did
business history = = in may 1985, thinking machines became the third company to register a. com domain name ( think. com ). the company became profitable in 1989, in part because of its contracts from the defense advanced research projects agency ( darpa ). the next year, they sold $ 65 million ( usd ) worth of hardware and software, making them the market leader in parallel supercomputers. thinking machines'primary supercomputer competitor was cray research. other parallel computing competitors included ncube, nearby kendall square research, and maspar, which made a computer similar to the cm - 2, and meiko scientific, whose cs - 2 was similar to the cm - 5. in 1991, darpa and the united states department of energy reduced their purchases amid criticism they were unfairly favoring thinking machines at the expense of cray, ncube, and maspar. tightening export laws also prevented the most powerful connection machines from being exported. by 1992, the company was losing money, and ceo sheryl handler was forced out. in august 1994, thinking machines filed for chapter 11 bankruptcy. the hardware portion of the company was purchased by sun microsystems, and tmc re - emerged as a small software company specializing in parallel software tools for commodity clusters and data mining software for its installed base and former competitors'parallel supercomputers. in december 1996, the parallel software development section was also acquired by sun microsystems. thinking machines continued as a pure data mining company until it was acquired in 1999 by oracle corporation. oracle later acquired sun microsystems, thus re - uniting much of thinking machines'intellectual property. the program wide area information server ( wais ), developed at thinking machines by brewster kahle, would later be influential in starting the internet archive and associated projects, including the rosetta project as part of danny hillis'clock of the long now. architect greg papadopoulos later became sun microsystems's chief technology officer ( cto ). = = dispersal = = many of the hardware people left for sun microsystems and went on to design the sun enterprise series of parallel computers. the darwin data mining toolkit, developed by thinking machines'business supercomputer group, was purchased by oracle. most of the team that built darwin had already left for dun & bradstreet soon after thinking machines corporation entered bankruptcy in 1994. thinking machines alumni ( known as " thunkos " ) helped create several parallel computing software start - ups, including ab initio software ; and
computing, vol. 22, no. 3, july β september, pp. 4 β 15 land, f. f. ( 2000 ). " the first business computer : a case study in user - driven automation ". ieee annals of the history of computing, vol. 22, no. 3, july β september, pp. 16 β 26. caminer, d. t. ( 1958 ), "... and how to avoid them ". the computer journal, vol. 1, no. 1. caminer, d. t. ( 1997 ). " leo and its applications : the beginning of business computing ". the computer journal, vol. 40, no. 10. caminer, d. t. ( 2003 ). " behind the curtain at leo : a personal reminiscence ". ieee annals of the history of computing, vol. 25, no. 2, april β june, pp3 β 13. hendry, j. ( 1988 ). " the teashop computer manufacturer : j. lyons ". business history, vol. 29, no. 8, pp. 73 β 102. land, frank ( 1999 ). " a historical analysis of implementing is at j. lyons. " in currie, w. g. ; galliers, r. d., editors. rethinking management information systems, pp. 310 β 325. oxford university press. savard, john j. g. ( 2018 ) [ 2005 ]. " computer arithmetic ". quadibloc. the early days of hexadecimal. archived from the original on 16 july 2018. retrieved 16 july 2018. ( has information on the leo iii character set. ) = = external links = = leo computers society. includes leopedia which is intended to be a comprehensive reference to archive, museum and media holdings and references to leo computers, and individuals associated with them, updated periodically by frank land. leo magnetic data tape collection at the icl computer museum leo artefacts at the icl computer museum leo paperwork at the icl computer museum leo artefacts at the centre for computing history leo computers collection, national archive for the history of computing, university of manchester library. how a cake company pioneered the first office computer bbc video interview with mary coombs, who worked on the first leo computer and was the first woman to become a commercial computer programmer oral history interview with john m. m. pinkerton, charles babbage institute, university of minnesota. pinkerton describes his work on leo computers
Answer:
|
BCD will win, because John was not employed as a BCD salesperson when Bobb was billed for the computer.
| null |
BCD, a manufacturer of computers, pays its salespeople a salary of $1,000 per month and a commission of five percent on billings actually rendered for machines that they sell. BCD salespeople are employed at will under written agreements which provide that in order to receive a commission the salesperson must be in the employment of the company when the bill is sent to the customer. In 1976, John, a salesperson for BCD, worked for eight months to get an order from Bobb Corporation for a large $750,000 computer. He consulted extensively with Bobb's top executives and worked with its operating personnel to develop detailed specifications for the new equipment. He also promised Bobb, with BCD's knowledge and approval, to assist Bobb for six months after installation in making the equipment work. On January 1, 1977, Bobb signed an order, and on March 1, the computer was installed. On March 15, BCD fired John on the stated ground that he had failed to meet his 1975 and 1976 sales quotas. John thought that BCD was correct in this statement. Another salesperson, Franklin, was thereupon assigned to service the Bobb account. On March 31, BCD billed Bobb for the computer."Assume for this question only that BCD's termination of John's employment was not wrongful. If John, after demand and refusal, sues BCD for the Bobb sale commission, which of the following is the most likely to result?
0. John will win, because he had procured the sale of the computer.
1. John will win, because he had promised Bobb to assist in making the equipment work.
2. BCD will win, because Franklin is entitled to the commission on a quantum meruit basis.
3. BCD will win, because John was not employed as a BCD salesperson when Bobb was billed for the computer.
= = = decline = = = like today's trend of mobile devices from personal computers, in 1984 for the first time estimated sales of desktop computers ( $ 11. 6 billion ) exceeded mainframe computers ( $ 11. 4 billion ). ibm received the vast majority of mainframe revenue. from 1991 to 1996, at & t corporation briefly owned ncr, one of the major original mainframe producers. during the same period, companies found that servers based on microcomputer designs could be deployed at a fraction of the acquisition price and offer local users much greater control over their own systems given the it policies and practices at that time. terminals used for interacting with mainframe systems were gradually replaced by personal computers. consequently, demand plummeted and new mainframe installations were restricted mainly to financial services and government. in the early 1990s, there was a rough consensus among industry analysts that the mainframe was a dying market as mainframe platforms were increasingly replaced by personal computer networks. in 2012, nasa powered down its last mainframe, an ibm system z9. however, ibm's successor to the z9, the z10, led a new york times reporter to state four years earlier that " mainframe technology β hardware, software and services β remains a large and lucrative business for ibm, and mainframes are still the back - office engines behind the world's financial markets and much of global commerce ". as of 2010, while mainframe technology represented less than 3 % of ibm's revenues, it " continue [ d ] to play an outsized role in big blue's results ". = = supercomputers = = the top500 project lists and ranks the 500 fastest supercomputers for which benchmark results are submitted. since the early 1990s, the field of supercomputers has been dominated by unix or unix - like operating systems, and starting in 2017, every top 500 fastest supercomputer uses linux as its supercomputer operating system. the last supercomputer to rank # 1 while using an operating system other than linux was asci white, which ran aix. it held the title from november 2000 to november 2001, and was decommissioned in 2006. then in june 2017, two aix computers held rank 493 and 494, the last non - linux systems before they dropped off the list. historically all kinds of unix operating systems dominated, and in the end ultimately linux remains. = = market share by category = = = = see also = = comparison of operating systems list
million series c investment in skybitz. in april 2004, andy wood resigned as ceo and the company's cfo, rick burtner, became ceo. in 2005, skybitz acquired customers in the transportation industry including r & r trucking, tri - state motor, quality distribution and j rayl. the company was also selected as a " 2005 future 50 " technology company by smartceo magazine for its strategic direction and customer growth. in 2006, skybitz announced smart sensor tracking technology to optimize trailer utilization, improve reporting and maximize security. the company was named a β rising star β in deloitte & touche usa llp's technology fast 50 program for the state of virginia. skybitz also became the official tracking solution for the delivery of the united states capitol christmas tree. also in 2006, bob blair joined the company as cfo. in february 2007, the canadian imperial bank of commerce ( via cibc capital partners ) led the fourth round of funding totaling $ 10 million. in october 2007, homaira akbari replaced burtner as ceo. by the end of 2007 skybitz had acquired more than 400 customers in north america and added two new products : a cargo sensor and tractor / trailer id. the company was also ranked in inc. 500, the deloitte wireless fast 50, deloitte technology fast 500, the deloitte technology fast 50 for the states of virginia and maryland, and the heavy duty trucking nifty fifty award. = = = expansion = = = in january 2009, skybitz and research firm csmg, the strategy division of tmng global, announced new research quantifying the benefits of remote asset management. then in april 2009, skybitz expanded its sales coverage into canada with a partnership with elm technologies. also in april, a case study was released by the defense advanced research projects agency ( darpa ) highlighting skybitz technology. later in 2009 the company launched a new terrestrial - based tracking solution on kore networks, announced it received defense transportation tracking system ii ( dtts ) certification by the military surface deployment and distribution commands ( sddc ), and launched a new asset tracking software for trailer leasing companies. in 2010, skybitz announced a strategic partnership with iridium communications inc. by 2012 skybitz had launched a new iridium - based global solution. this quick expansion phase resulted in skybitz being named to inc. 5000 for five consecutive years from 2007 to 2011. it also drew the attention
companies producing ac and dc motors, generators, steam turbines and transformers. on 10 august 1987, asea and bbc announced they would merge to form asea brown boveri ( abb ). the new corporation would remain headquartered in both zurich, switzerland and vasteras, sweden, with each parent company holding 50 percent. the merger created a global industrial group with revenue of approximately $ 15 billion and 160, 000 employees. when abb began operations on 5 january 1988, its core operations included power generation, transmission and distribution ; electric transportation ; and industrial automation and robotics. in its first year, abb undertook some 15 acquisitions, including the environmental control group flakt ab of sweden, the contracting group sadelmi / cogepi of italy, and the railway manufacturer scandia - randers a / s of denmark. during 1989, abb purchased an additional 40 companies, including westinghouse electric's transmission and distribution assets, and announced an agreement to purchase the stamford, connecticut - based combustion engineering ( c - e ). = = = 1990s = = = during 1990, abb bought the robotics business of cincinnati milacron in the us. the acquisition expanded abb's presence in automated spot - welding and positioned the company to better serve the american automotive industry. abb's 1991 introduction of the irb 6000 robot, demonstrated its increased capacity in this field. the first modular robot, the irb 6000, can be reconfigured to perform a variety of specific tasks. at the time of its launch, the irb 6000 was the fastest and most accurate spot - welding robot on the market. in the early 1990s, abb started expanding in central and eastern europe. by the end of 1991, the company employed 10, 000 people in the region. the following year, that number doubled. a similar pattern played out in asia, where economic reforms in china and the lifting of some economic sanctions, helped open the region to a new wave of outside investment and industrial growth. by 1994, abb had 30, 000 employees and 100 plants, engineering, service and marketing centers across asia ; numbers that would continue to grow. through the 1990s, abb continued its strategy of targeted expansion in eastern europe, the asia β pacific region and the americas. in 1990, abb also expanded into australia when it acquired commonwealth engineering's ( comeng ) plant in dandenong, melbourne. abb continued to manufacture comeng's b - class melbourne tram at the plant. however, it did
business history = = in may 1985, thinking machines became the third company to register a. com domain name ( think. com ). the company became profitable in 1989, in part because of its contracts from the defense advanced research projects agency ( darpa ). the next year, they sold $ 65 million ( usd ) worth of hardware and software, making them the market leader in parallel supercomputers. thinking machines'primary supercomputer competitor was cray research. other parallel computing competitors included ncube, nearby kendall square research, and maspar, which made a computer similar to the cm - 2, and meiko scientific, whose cs - 2 was similar to the cm - 5. in 1991, darpa and the united states department of energy reduced their purchases amid criticism they were unfairly favoring thinking machines at the expense of cray, ncube, and maspar. tightening export laws also prevented the most powerful connection machines from being exported. by 1992, the company was losing money, and ceo sheryl handler was forced out. in august 1994, thinking machines filed for chapter 11 bankruptcy. the hardware portion of the company was purchased by sun microsystems, and tmc re - emerged as a small software company specializing in parallel software tools for commodity clusters and data mining software for its installed base and former competitors'parallel supercomputers. in december 1996, the parallel software development section was also acquired by sun microsystems. thinking machines continued as a pure data mining company until it was acquired in 1999 by oracle corporation. oracle later acquired sun microsystems, thus re - uniting much of thinking machines'intellectual property. the program wide area information server ( wais ), developed at thinking machines by brewster kahle, would later be influential in starting the internet archive and associated projects, including the rosetta project as part of danny hillis'clock of the long now. architect greg papadopoulos later became sun microsystems's chief technology officer ( cto ). = = dispersal = = many of the hardware people left for sun microsystems and went on to design the sun enterprise series of parallel computers. the darwin data mining toolkit, developed by thinking machines'business supercomputer group, was purchased by oracle. most of the team that built darwin had already left for dun & bradstreet soon after thinking machines corporation entered bankruptcy in 1994. thinking machines alumni ( known as " thunkos " ) helped create several parallel computing software start - ups, including ab initio software ; and
computing, vol. 22, no. 3, july β september, pp. 4 β 15 land, f. f. ( 2000 ). " the first business computer : a case study in user - driven automation ". ieee annals of the history of computing, vol. 22, no. 3, july β september, pp. 16 β 26. caminer, d. t. ( 1958 ), "... and how to avoid them ". the computer journal, vol. 1, no. 1. caminer, d. t. ( 1997 ). " leo and its applications : the beginning of business computing ". the computer journal, vol. 40, no. 10. caminer, d. t. ( 2003 ). " behind the curtain at leo : a personal reminiscence ". ieee annals of the history of computing, vol. 25, no. 2, april β june, pp3 β 13. hendry, j. ( 1988 ). " the teashop computer manufacturer : j. lyons ". business history, vol. 29, no. 8, pp. 73 β 102. land, frank ( 1999 ). " a historical analysis of implementing is at j. lyons. " in currie, w. g. ; galliers, r. d., editors. rethinking management information systems, pp. 310 β 325. oxford university press. savard, john j. g. ( 2018 ) [ 2005 ]. " computer arithmetic ". quadibloc. the early days of hexadecimal. archived from the original on 16 july 2018. retrieved 16 july 2018. ( has information on the leo iii character set. ) = = external links = = leo computers society. includes leopedia which is intended to be a comprehensive reference to archive, museum and media holdings and references to leo computers, and individuals associated with them, updated periodically by frank land. leo magnetic data tape collection at the icl computer museum leo artefacts at the icl computer museum leo paperwork at the icl computer museum leo artefacts at the centre for computing history leo computers collection, national archive for the history of computing, university of manchester library. how a cake company pioneered the first office computer bbc video interview with mary coombs, who worked on the first leo computer and was the first woman to become a commercial computer programmer oral history interview with john m. m. pinkerton, charles babbage institute, university of minnesota. pinkerton describes his work on leo computers
Answer:
|
BCD will win, because Franklin is entitled to the commission on a quantum meruit basis.
| 0.3 |
BCD, a manufacturer of computers, pays its salespeople a salary of $1,000 per month and a commission of five percent on billings actually rendered for machines that they sell. BCD salespeople are employed at will under written agreements which provide that in order to receive a commission the salesperson must be in the employment of the company when the bill is sent to the customer. In 1976, John, a salesperson for BCD, worked for eight months to get an order from Bobb Corporation for a large $750,000 computer. He consulted extensively with Bobb's top executives and worked with its operating personnel to develop detailed specifications for the new equipment. He also promised Bobb, with BCD's knowledge and approval, to assist Bobb for six months after installation in making the equipment work. On January 1, 1977, Bobb signed an order, and on March 1, the computer was installed. On March 15, BCD fired John on the stated ground that he had failed to meet his 1975 and 1976 sales quotas. John thought that BCD was correct in this statement. Another salesperson, Franklin, was thereupon assigned to service the Bobb account. On March 31, BCD billed Bobb for the computer."Assume for this question only that BCD's termination of John's employment was not wrongful. If John sues BCD for the reasonable value of his services, which of the following is the most likely result?
0. John will win, because BCD benefited as a result of John's services.
1. John will win, because BCD made an implied-in-fact promise to pay a reasonable commission for services that result in sales.
2. John will lose, because there is an express contractual provision pre-empting the subject of compensation for his services.
3. John will lose, because he cannot perform his agreement to assist the customer for six months
= = = decline = = = like today's trend of mobile devices from personal computers, in 1984 for the first time estimated sales of desktop computers ( $ 11. 6 billion ) exceeded mainframe computers ( $ 11. 4 billion ). ibm received the vast majority of mainframe revenue. from 1991 to 1996, at & t corporation briefly owned ncr, one of the major original mainframe producers. during the same period, companies found that servers based on microcomputer designs could be deployed at a fraction of the acquisition price and offer local users much greater control over their own systems given the it policies and practices at that time. terminals used for interacting with mainframe systems were gradually replaced by personal computers. consequently, demand plummeted and new mainframe installations were restricted mainly to financial services and government. in the early 1990s, there was a rough consensus among industry analysts that the mainframe was a dying market as mainframe platforms were increasingly replaced by personal computer networks. in 2012, nasa powered down its last mainframe, an ibm system z9. however, ibm's successor to the z9, the z10, led a new york times reporter to state four years earlier that " mainframe technology β hardware, software and services β remains a large and lucrative business for ibm, and mainframes are still the back - office engines behind the world's financial markets and much of global commerce ". as of 2010, while mainframe technology represented less than 3 % of ibm's revenues, it " continue [ d ] to play an outsized role in big blue's results ". = = supercomputers = = the top500 project lists and ranks the 500 fastest supercomputers for which benchmark results are submitted. since the early 1990s, the field of supercomputers has been dominated by unix or unix - like operating systems, and starting in 2017, every top 500 fastest supercomputer uses linux as its supercomputer operating system. the last supercomputer to rank # 1 while using an operating system other than linux was asci white, which ran aix. it held the title from november 2000 to november 2001, and was decommissioned in 2006. then in june 2017, two aix computers held rank 493 and 494, the last non - linux systems before they dropped off the list. historically all kinds of unix operating systems dominated, and in the end ultimately linux remains. = = market share by category = = = = see also = = comparison of operating systems list
million series c investment in skybitz. in april 2004, andy wood resigned as ceo and the company's cfo, rick burtner, became ceo. in 2005, skybitz acquired customers in the transportation industry including r & r trucking, tri - state motor, quality distribution and j rayl. the company was also selected as a " 2005 future 50 " technology company by smartceo magazine for its strategic direction and customer growth. in 2006, skybitz announced smart sensor tracking technology to optimize trailer utilization, improve reporting and maximize security. the company was named a β rising star β in deloitte & touche usa llp's technology fast 50 program for the state of virginia. skybitz also became the official tracking solution for the delivery of the united states capitol christmas tree. also in 2006, bob blair joined the company as cfo. in february 2007, the canadian imperial bank of commerce ( via cibc capital partners ) led the fourth round of funding totaling $ 10 million. in october 2007, homaira akbari replaced burtner as ceo. by the end of 2007 skybitz had acquired more than 400 customers in north america and added two new products : a cargo sensor and tractor / trailer id. the company was also ranked in inc. 500, the deloitte wireless fast 50, deloitte technology fast 500, the deloitte technology fast 50 for the states of virginia and maryland, and the heavy duty trucking nifty fifty award. = = = expansion = = = in january 2009, skybitz and research firm csmg, the strategy division of tmng global, announced new research quantifying the benefits of remote asset management. then in april 2009, skybitz expanded its sales coverage into canada with a partnership with elm technologies. also in april, a case study was released by the defense advanced research projects agency ( darpa ) highlighting skybitz technology. later in 2009 the company launched a new terrestrial - based tracking solution on kore networks, announced it received defense transportation tracking system ii ( dtts ) certification by the military surface deployment and distribution commands ( sddc ), and launched a new asset tracking software for trailer leasing companies. in 2010, skybitz announced a strategic partnership with iridium communications inc. by 2012 skybitz had launched a new iridium - based global solution. this quick expansion phase resulted in skybitz being named to inc. 5000 for five consecutive years from 2007 to 2011. it also drew the attention
companies producing ac and dc motors, generators, steam turbines and transformers. on 10 august 1987, asea and bbc announced they would merge to form asea brown boveri ( abb ). the new corporation would remain headquartered in both zurich, switzerland and vasteras, sweden, with each parent company holding 50 percent. the merger created a global industrial group with revenue of approximately $ 15 billion and 160, 000 employees. when abb began operations on 5 january 1988, its core operations included power generation, transmission and distribution ; electric transportation ; and industrial automation and robotics. in its first year, abb undertook some 15 acquisitions, including the environmental control group flakt ab of sweden, the contracting group sadelmi / cogepi of italy, and the railway manufacturer scandia - randers a / s of denmark. during 1989, abb purchased an additional 40 companies, including westinghouse electric's transmission and distribution assets, and announced an agreement to purchase the stamford, connecticut - based combustion engineering ( c - e ). = = = 1990s = = = during 1990, abb bought the robotics business of cincinnati milacron in the us. the acquisition expanded abb's presence in automated spot - welding and positioned the company to better serve the american automotive industry. abb's 1991 introduction of the irb 6000 robot, demonstrated its increased capacity in this field. the first modular robot, the irb 6000, can be reconfigured to perform a variety of specific tasks. at the time of its launch, the irb 6000 was the fastest and most accurate spot - welding robot on the market. in the early 1990s, abb started expanding in central and eastern europe. by the end of 1991, the company employed 10, 000 people in the region. the following year, that number doubled. a similar pattern played out in asia, where economic reforms in china and the lifting of some economic sanctions, helped open the region to a new wave of outside investment and industrial growth. by 1994, abb had 30, 000 employees and 100 plants, engineering, service and marketing centers across asia ; numbers that would continue to grow. through the 1990s, abb continued its strategy of targeted expansion in eastern europe, the asia β pacific region and the americas. in 1990, abb also expanded into australia when it acquired commonwealth engineering's ( comeng ) plant in dandenong, melbourne. abb continued to manufacture comeng's b - class melbourne tram at the plant. however, it did
business history = = in may 1985, thinking machines became the third company to register a. com domain name ( think. com ). the company became profitable in 1989, in part because of its contracts from the defense advanced research projects agency ( darpa ). the next year, they sold $ 65 million ( usd ) worth of hardware and software, making them the market leader in parallel supercomputers. thinking machines'primary supercomputer competitor was cray research. other parallel computing competitors included ncube, nearby kendall square research, and maspar, which made a computer similar to the cm - 2, and meiko scientific, whose cs - 2 was similar to the cm - 5. in 1991, darpa and the united states department of energy reduced their purchases amid criticism they were unfairly favoring thinking machines at the expense of cray, ncube, and maspar. tightening export laws also prevented the most powerful connection machines from being exported. by 1992, the company was losing money, and ceo sheryl handler was forced out. in august 1994, thinking machines filed for chapter 11 bankruptcy. the hardware portion of the company was purchased by sun microsystems, and tmc re - emerged as a small software company specializing in parallel software tools for commodity clusters and data mining software for its installed base and former competitors'parallel supercomputers. in december 1996, the parallel software development section was also acquired by sun microsystems. thinking machines continued as a pure data mining company until it was acquired in 1999 by oracle corporation. oracle later acquired sun microsystems, thus re - uniting much of thinking machines'intellectual property. the program wide area information server ( wais ), developed at thinking machines by brewster kahle, would later be influential in starting the internet archive and associated projects, including the rosetta project as part of danny hillis'clock of the long now. architect greg papadopoulos later became sun microsystems's chief technology officer ( cto ). = = dispersal = = many of the hardware people left for sun microsystems and went on to design the sun enterprise series of parallel computers. the darwin data mining toolkit, developed by thinking machines'business supercomputer group, was purchased by oracle. most of the team that built darwin had already left for dun & bradstreet soon after thinking machines corporation entered bankruptcy in 1994. thinking machines alumni ( known as " thunkos " ) helped create several parallel computing software start - ups, including ab initio software ; and
computing, vol. 22, no. 3, july β september, pp. 4 β 15 land, f. f. ( 2000 ). " the first business computer : a case study in user - driven automation ". ieee annals of the history of computing, vol. 22, no. 3, july β september, pp. 16 β 26. caminer, d. t. ( 1958 ), "... and how to avoid them ". the computer journal, vol. 1, no. 1. caminer, d. t. ( 1997 ). " leo and its applications : the beginning of business computing ". the computer journal, vol. 40, no. 10. caminer, d. t. ( 2003 ). " behind the curtain at leo : a personal reminiscence ". ieee annals of the history of computing, vol. 25, no. 2, april β june, pp3 β 13. hendry, j. ( 1988 ). " the teashop computer manufacturer : j. lyons ". business history, vol. 29, no. 8, pp. 73 β 102. land, frank ( 1999 ). " a historical analysis of implementing is at j. lyons. " in currie, w. g. ; galliers, r. d., editors. rethinking management information systems, pp. 310 β 325. oxford university press. savard, john j. g. ( 2018 ) [ 2005 ]. " computer arithmetic ". quadibloc. the early days of hexadecimal. archived from the original on 16 july 2018. retrieved 16 july 2018. ( has information on the leo iii character set. ) = = external links = = leo computers society. includes leopedia which is intended to be a comprehensive reference to archive, museum and media holdings and references to leo computers, and individuals associated with them, updated periodically by frank land. leo magnetic data tape collection at the icl computer museum leo artefacts at the icl computer museum leo paperwork at the icl computer museum leo artefacts at the centre for computing history leo computers collection, national archive for the history of computing, university of manchester library. how a cake company pioneered the first office computer bbc video interview with mary coombs, who worked on the first leo computer and was the first woman to become a commercial computer programmer oral history interview with john m. m. pinkerton, charles babbage institute, university of minnesota. pinkerton describes his work on leo computers
Answer:
|
John will lose, because there is an express contractual provision pre-empting the subject of compensation for his services.
| null |
BCD, a manufacturer of computers, pays its salespeople a salary of $1,000 per month and a commission of five percent on billings actually rendered for machines that they sell. BCD salespeople are employed at will under written agreements which provide that in order to receive a commission the salesperson must be in the employment of the company when the bill is sent to the customer. In 1976, John, a salesperson for BCD, worked for eight months to get an order from Bobb Corporation for a large $750,000 computer. He consulted extensively with Bobb's top executives and worked with its operating personnel to develop detailed specifications for the new equipment. He also promised Bobb, with BCD's knowledge and approval, to assist Bobb for six months after installation in making the equipment work. On January 1, 1977, Bobb signed an order, and on March 1, the computer was installed. On March 15, BCD fired John on the stated ground that he had failed to meet his 1975 and 1976 sales quotas. John thought that BCD was correct in this statement. Another salesperson, Franklin, was thereupon assigned to service the Bobb account. On March 31, BCD billed Bobb for the computer."Assume for this question only that BCD's termination of John's employment was not wrongful. If John sues BCD for the reasonable value of his services, which of the following is the most likely result?
0. John will win, because BCD benefited as a result of John's services.
1. John will win, because BCD made an implied-in-fact promise to pay a reasonable commission for services that result in sales.
2. John will lose, because there is an express contractual provision pre-empting the subject of compensation for his services.
3. John will lose, because he cannot perform his agreement to assist the customer for six months
= = = decline = = = like today's trend of mobile devices from personal computers, in 1984 for the first time estimated sales of desktop computers ( $ 11. 6 billion ) exceeded mainframe computers ( $ 11. 4 billion ). ibm received the vast majority of mainframe revenue. from 1991 to 1996, at & t corporation briefly owned ncr, one of the major original mainframe producers. during the same period, companies found that servers based on microcomputer designs could be deployed at a fraction of the acquisition price and offer local users much greater control over their own systems given the it policies and practices at that time. terminals used for interacting with mainframe systems were gradually replaced by personal computers. consequently, demand plummeted and new mainframe installations were restricted mainly to financial services and government. in the early 1990s, there was a rough consensus among industry analysts that the mainframe was a dying market as mainframe platforms were increasingly replaced by personal computer networks. in 2012, nasa powered down its last mainframe, an ibm system z9. however, ibm's successor to the z9, the z10, led a new york times reporter to state four years earlier that " mainframe technology β hardware, software and services β remains a large and lucrative business for ibm, and mainframes are still the back - office engines behind the world's financial markets and much of global commerce ". as of 2010, while mainframe technology represented less than 3 % of ibm's revenues, it " continue [ d ] to play an outsized role in big blue's results ". = = supercomputers = = the top500 project lists and ranks the 500 fastest supercomputers for which benchmark results are submitted. since the early 1990s, the field of supercomputers has been dominated by unix or unix - like operating systems, and starting in 2017, every top 500 fastest supercomputer uses linux as its supercomputer operating system. the last supercomputer to rank # 1 while using an operating system other than linux was asci white, which ran aix. it held the title from november 2000 to november 2001, and was decommissioned in 2006. then in june 2017, two aix computers held rank 493 and 494, the last non - linux systems before they dropped off the list. historically all kinds of unix operating systems dominated, and in the end ultimately linux remains. = = market share by category = = = = see also = = comparison of operating systems list
million series c investment in skybitz. in april 2004, andy wood resigned as ceo and the company's cfo, rick burtner, became ceo. in 2005, skybitz acquired customers in the transportation industry including r & r trucking, tri - state motor, quality distribution and j rayl. the company was also selected as a " 2005 future 50 " technology company by smartceo magazine for its strategic direction and customer growth. in 2006, skybitz announced smart sensor tracking technology to optimize trailer utilization, improve reporting and maximize security. the company was named a β rising star β in deloitte & touche usa llp's technology fast 50 program for the state of virginia. skybitz also became the official tracking solution for the delivery of the united states capitol christmas tree. also in 2006, bob blair joined the company as cfo. in february 2007, the canadian imperial bank of commerce ( via cibc capital partners ) led the fourth round of funding totaling $ 10 million. in october 2007, homaira akbari replaced burtner as ceo. by the end of 2007 skybitz had acquired more than 400 customers in north america and added two new products : a cargo sensor and tractor / trailer id. the company was also ranked in inc. 500, the deloitte wireless fast 50, deloitte technology fast 500, the deloitte technology fast 50 for the states of virginia and maryland, and the heavy duty trucking nifty fifty award. = = = expansion = = = in january 2009, skybitz and research firm csmg, the strategy division of tmng global, announced new research quantifying the benefits of remote asset management. then in april 2009, skybitz expanded its sales coverage into canada with a partnership with elm technologies. also in april, a case study was released by the defense advanced research projects agency ( darpa ) highlighting skybitz technology. later in 2009 the company launched a new terrestrial - based tracking solution on kore networks, announced it received defense transportation tracking system ii ( dtts ) certification by the military surface deployment and distribution commands ( sddc ), and launched a new asset tracking software for trailer leasing companies. in 2010, skybitz announced a strategic partnership with iridium communications inc. by 2012 skybitz had launched a new iridium - based global solution. this quick expansion phase resulted in skybitz being named to inc. 5000 for five consecutive years from 2007 to 2011. it also drew the attention
companies producing ac and dc motors, generators, steam turbines and transformers. on 10 august 1987, asea and bbc announced they would merge to form asea brown boveri ( abb ). the new corporation would remain headquartered in both zurich, switzerland and vasteras, sweden, with each parent company holding 50 percent. the merger created a global industrial group with revenue of approximately $ 15 billion and 160, 000 employees. when abb began operations on 5 january 1988, its core operations included power generation, transmission and distribution ; electric transportation ; and industrial automation and robotics. in its first year, abb undertook some 15 acquisitions, including the environmental control group flakt ab of sweden, the contracting group sadelmi / cogepi of italy, and the railway manufacturer scandia - randers a / s of denmark. during 1989, abb purchased an additional 40 companies, including westinghouse electric's transmission and distribution assets, and announced an agreement to purchase the stamford, connecticut - based combustion engineering ( c - e ). = = = 1990s = = = during 1990, abb bought the robotics business of cincinnati milacron in the us. the acquisition expanded abb's presence in automated spot - welding and positioned the company to better serve the american automotive industry. abb's 1991 introduction of the irb 6000 robot, demonstrated its increased capacity in this field. the first modular robot, the irb 6000, can be reconfigured to perform a variety of specific tasks. at the time of its launch, the irb 6000 was the fastest and most accurate spot - welding robot on the market. in the early 1990s, abb started expanding in central and eastern europe. by the end of 1991, the company employed 10, 000 people in the region. the following year, that number doubled. a similar pattern played out in asia, where economic reforms in china and the lifting of some economic sanctions, helped open the region to a new wave of outside investment and industrial growth. by 1994, abb had 30, 000 employees and 100 plants, engineering, service and marketing centers across asia ; numbers that would continue to grow. through the 1990s, abb continued its strategy of targeted expansion in eastern europe, the asia β pacific region and the americas. in 1990, abb also expanded into australia when it acquired commonwealth engineering's ( comeng ) plant in dandenong, melbourne. abb continued to manufacture comeng's b - class melbourne tram at the plant. however, it did
business history = = in may 1985, thinking machines became the third company to register a. com domain name ( think. com ). the company became profitable in 1989, in part because of its contracts from the defense advanced research projects agency ( darpa ). the next year, they sold $ 65 million ( usd ) worth of hardware and software, making them the market leader in parallel supercomputers. thinking machines'primary supercomputer competitor was cray research. other parallel computing competitors included ncube, nearby kendall square research, and maspar, which made a computer similar to the cm - 2, and meiko scientific, whose cs - 2 was similar to the cm - 5. in 1991, darpa and the united states department of energy reduced their purchases amid criticism they were unfairly favoring thinking machines at the expense of cray, ncube, and maspar. tightening export laws also prevented the most powerful connection machines from being exported. by 1992, the company was losing money, and ceo sheryl handler was forced out. in august 1994, thinking machines filed for chapter 11 bankruptcy. the hardware portion of the company was purchased by sun microsystems, and tmc re - emerged as a small software company specializing in parallel software tools for commodity clusters and data mining software for its installed base and former competitors'parallel supercomputers. in december 1996, the parallel software development section was also acquired by sun microsystems. thinking machines continued as a pure data mining company until it was acquired in 1999 by oracle corporation. oracle later acquired sun microsystems, thus re - uniting much of thinking machines'intellectual property. the program wide area information server ( wais ), developed at thinking machines by brewster kahle, would later be influential in starting the internet archive and associated projects, including the rosetta project as part of danny hillis'clock of the long now. architect greg papadopoulos later became sun microsystems's chief technology officer ( cto ). = = dispersal = = many of the hardware people left for sun microsystems and went on to design the sun enterprise series of parallel computers. the darwin data mining toolkit, developed by thinking machines'business supercomputer group, was purchased by oracle. most of the team that built darwin had already left for dun & bradstreet soon after thinking machines corporation entered bankruptcy in 1994. thinking machines alumni ( known as " thunkos " ) helped create several parallel computing software start - ups, including ab initio software ; and
computing, vol. 22, no. 3, july β september, pp. 4 β 15 land, f. f. ( 2000 ). " the first business computer : a case study in user - driven automation ". ieee annals of the history of computing, vol. 22, no. 3, july β september, pp. 16 β 26. caminer, d. t. ( 1958 ), "... and how to avoid them ". the computer journal, vol. 1, no. 1. caminer, d. t. ( 1997 ). " leo and its applications : the beginning of business computing ". the computer journal, vol. 40, no. 10. caminer, d. t. ( 2003 ). " behind the curtain at leo : a personal reminiscence ". ieee annals of the history of computing, vol. 25, no. 2, april β june, pp3 β 13. hendry, j. ( 1988 ). " the teashop computer manufacturer : j. lyons ". business history, vol. 29, no. 8, pp. 73 β 102. land, frank ( 1999 ). " a historical analysis of implementing is at j. lyons. " in currie, w. g. ; galliers, r. d., editors. rethinking management information systems, pp. 310 β 325. oxford university press. savard, john j. g. ( 2018 ) [ 2005 ]. " computer arithmetic ". quadibloc. the early days of hexadecimal. archived from the original on 16 july 2018. retrieved 16 july 2018. ( has information on the leo iii character set. ) = = external links = = leo computers society. includes leopedia which is intended to be a comprehensive reference to archive, museum and media holdings and references to leo computers, and individuals associated with them, updated periodically by frank land. leo magnetic data tape collection at the icl computer museum leo artefacts at the icl computer museum leo paperwork at the icl computer museum leo artefacts at the centre for computing history leo computers collection, national archive for the history of computing, university of manchester library. how a cake company pioneered the first office computer bbc video interview with mary coombs, who worked on the first leo computer and was the first woman to become a commercial computer programmer oral history interview with john m. m. pinkerton, charles babbage institute, university of minnesota. pinkerton describes his work on leo computers
Answer:
|
John will lose, because he cannot perform his agreement to assist the customer for six months
| 0.3 |
BCD, a manufacturer of computers, pays its salespeople a salary of $1,000 per month and a commission of five percent on billings actually rendered for machines that they sell. BCD salespeople are employed at will under written agreements which provide that in order to receive a commission the salesperson must be in the employment of the company when the bill is sent to the customer. In 1976, John, a salesperson for BCD, worked for eight months to get an order from Bobb Corporation for a large $750,000 computer. He consulted extensively with Bobb's top executives and worked with its operating personnel to develop detailed specifications for the new equipment. He also promised Bobb, with BCD's knowledge and approval, to assist Bobb for six months after installation in making the equipment work. On January 1, 1977, Bobb signed an order, and on March 1, the computer was installed. On March 15, BCD fired John on the stated ground that he had failed to meet his 1975 and 1976 sales quotas. John thought that BCD was correct in this statement. Another salesperson, Franklin, was thereupon assigned to service the Bobb account. On March 31, BCD billed Bobb for the computer.""Which of the following additional facts, if shown by the evidence, would support a claim by John against BCD? I. BCD terminated John because Franklin is the son of the company's president, who wanted his son to have the commission instead of John. II. BCD and John were mistaken; John had in fact exceeded his sales quotas for 1975 and 1976. III. John had worked for BCD as a salesperson for 20 years.
0. I only
1. II only
2. I and II only
3. I, II, and II
= = = decline = = = like today's trend of mobile devices from personal computers, in 1984 for the first time estimated sales of desktop computers ( $ 11. 6 billion ) exceeded mainframe computers ( $ 11. 4 billion ). ibm received the vast majority of mainframe revenue. from 1991 to 1996, at & t corporation briefly owned ncr, one of the major original mainframe producers. during the same period, companies found that servers based on microcomputer designs could be deployed at a fraction of the acquisition price and offer local users much greater control over their own systems given the it policies and practices at that time. terminals used for interacting with mainframe systems were gradually replaced by personal computers. consequently, demand plummeted and new mainframe installations were restricted mainly to financial services and government. in the early 1990s, there was a rough consensus among industry analysts that the mainframe was a dying market as mainframe platforms were increasingly replaced by personal computer networks. in 2012, nasa powered down its last mainframe, an ibm system z9. however, ibm's successor to the z9, the z10, led a new york times reporter to state four years earlier that " mainframe technology β hardware, software and services β remains a large and lucrative business for ibm, and mainframes are still the back - office engines behind the world's financial markets and much of global commerce ". as of 2010, while mainframe technology represented less than 3 % of ibm's revenues, it " continue [ d ] to play an outsized role in big blue's results ". = = supercomputers = = the top500 project lists and ranks the 500 fastest supercomputers for which benchmark results are submitted. since the early 1990s, the field of supercomputers has been dominated by unix or unix - like operating systems, and starting in 2017, every top 500 fastest supercomputer uses linux as its supercomputer operating system. the last supercomputer to rank # 1 while using an operating system other than linux was asci white, which ran aix. it held the title from november 2000 to november 2001, and was decommissioned in 2006. then in june 2017, two aix computers held rank 493 and 494, the last non - linux systems before they dropped off the list. historically all kinds of unix operating systems dominated, and in the end ultimately linux remains. = = market share by category = = = = see also = = comparison of operating systems list
million series c investment in skybitz. in april 2004, andy wood resigned as ceo and the company's cfo, rick burtner, became ceo. in 2005, skybitz acquired customers in the transportation industry including r & r trucking, tri - state motor, quality distribution and j rayl. the company was also selected as a " 2005 future 50 " technology company by smartceo magazine for its strategic direction and customer growth. in 2006, skybitz announced smart sensor tracking technology to optimize trailer utilization, improve reporting and maximize security. the company was named a β rising star β in deloitte & touche usa llp's technology fast 50 program for the state of virginia. skybitz also became the official tracking solution for the delivery of the united states capitol christmas tree. also in 2006, bob blair joined the company as cfo. in february 2007, the canadian imperial bank of commerce ( via cibc capital partners ) led the fourth round of funding totaling $ 10 million. in october 2007, homaira akbari replaced burtner as ceo. by the end of 2007 skybitz had acquired more than 400 customers in north america and added two new products : a cargo sensor and tractor / trailer id. the company was also ranked in inc. 500, the deloitte wireless fast 50, deloitte technology fast 500, the deloitte technology fast 50 for the states of virginia and maryland, and the heavy duty trucking nifty fifty award. = = = expansion = = = in january 2009, skybitz and research firm csmg, the strategy division of tmng global, announced new research quantifying the benefits of remote asset management. then in april 2009, skybitz expanded its sales coverage into canada with a partnership with elm technologies. also in april, a case study was released by the defense advanced research projects agency ( darpa ) highlighting skybitz technology. later in 2009 the company launched a new terrestrial - based tracking solution on kore networks, announced it received defense transportation tracking system ii ( dtts ) certification by the military surface deployment and distribution commands ( sddc ), and launched a new asset tracking software for trailer leasing companies. in 2010, skybitz announced a strategic partnership with iridium communications inc. by 2012 skybitz had launched a new iridium - based global solution. this quick expansion phase resulted in skybitz being named to inc. 5000 for five consecutive years from 2007 to 2011. it also drew the attention
companies producing ac and dc motors, generators, steam turbines and transformers. on 10 august 1987, asea and bbc announced they would merge to form asea brown boveri ( abb ). the new corporation would remain headquartered in both zurich, switzerland and vasteras, sweden, with each parent company holding 50 percent. the merger created a global industrial group with revenue of approximately $ 15 billion and 160, 000 employees. when abb began operations on 5 january 1988, its core operations included power generation, transmission and distribution ; electric transportation ; and industrial automation and robotics. in its first year, abb undertook some 15 acquisitions, including the environmental control group flakt ab of sweden, the contracting group sadelmi / cogepi of italy, and the railway manufacturer scandia - randers a / s of denmark. during 1989, abb purchased an additional 40 companies, including westinghouse electric's transmission and distribution assets, and announced an agreement to purchase the stamford, connecticut - based combustion engineering ( c - e ). = = = 1990s = = = during 1990, abb bought the robotics business of cincinnati milacron in the us. the acquisition expanded abb's presence in automated spot - welding and positioned the company to better serve the american automotive industry. abb's 1991 introduction of the irb 6000 robot, demonstrated its increased capacity in this field. the first modular robot, the irb 6000, can be reconfigured to perform a variety of specific tasks. at the time of its launch, the irb 6000 was the fastest and most accurate spot - welding robot on the market. in the early 1990s, abb started expanding in central and eastern europe. by the end of 1991, the company employed 10, 000 people in the region. the following year, that number doubled. a similar pattern played out in asia, where economic reforms in china and the lifting of some economic sanctions, helped open the region to a new wave of outside investment and industrial growth. by 1994, abb had 30, 000 employees and 100 plants, engineering, service and marketing centers across asia ; numbers that would continue to grow. through the 1990s, abb continued its strategy of targeted expansion in eastern europe, the asia β pacific region and the americas. in 1990, abb also expanded into australia when it acquired commonwealth engineering's ( comeng ) plant in dandenong, melbourne. abb continued to manufacture comeng's b - class melbourne tram at the plant. however, it did
business history = = in may 1985, thinking machines became the third company to register a. com domain name ( think. com ). the company became profitable in 1989, in part because of its contracts from the defense advanced research projects agency ( darpa ). the next year, they sold $ 65 million ( usd ) worth of hardware and software, making them the market leader in parallel supercomputers. thinking machines'primary supercomputer competitor was cray research. other parallel computing competitors included ncube, nearby kendall square research, and maspar, which made a computer similar to the cm - 2, and meiko scientific, whose cs - 2 was similar to the cm - 5. in 1991, darpa and the united states department of energy reduced their purchases amid criticism they were unfairly favoring thinking machines at the expense of cray, ncube, and maspar. tightening export laws also prevented the most powerful connection machines from being exported. by 1992, the company was losing money, and ceo sheryl handler was forced out. in august 1994, thinking machines filed for chapter 11 bankruptcy. the hardware portion of the company was purchased by sun microsystems, and tmc re - emerged as a small software company specializing in parallel software tools for commodity clusters and data mining software for its installed base and former competitors'parallel supercomputers. in december 1996, the parallel software development section was also acquired by sun microsystems. thinking machines continued as a pure data mining company until it was acquired in 1999 by oracle corporation. oracle later acquired sun microsystems, thus re - uniting much of thinking machines'intellectual property. the program wide area information server ( wais ), developed at thinking machines by brewster kahle, would later be influential in starting the internet archive and associated projects, including the rosetta project as part of danny hillis'clock of the long now. architect greg papadopoulos later became sun microsystems's chief technology officer ( cto ). = = dispersal = = many of the hardware people left for sun microsystems and went on to design the sun enterprise series of parallel computers. the darwin data mining toolkit, developed by thinking machines'business supercomputer group, was purchased by oracle. most of the team that built darwin had already left for dun & bradstreet soon after thinking machines corporation entered bankruptcy in 1994. thinking machines alumni ( known as " thunkos " ) helped create several parallel computing software start - ups, including ab initio software ; and
computing, vol. 22, no. 3, july β september, pp. 4 β 15 land, f. f. ( 2000 ). " the first business computer : a case study in user - driven automation ". ieee annals of the history of computing, vol. 22, no. 3, july β september, pp. 16 β 26. caminer, d. t. ( 1958 ), "... and how to avoid them ". the computer journal, vol. 1, no. 1. caminer, d. t. ( 1997 ). " leo and its applications : the beginning of business computing ". the computer journal, vol. 40, no. 10. caminer, d. t. ( 2003 ). " behind the curtain at leo : a personal reminiscence ". ieee annals of the history of computing, vol. 25, no. 2, april β june, pp3 β 13. hendry, j. ( 1988 ). " the teashop computer manufacturer : j. lyons ". business history, vol. 29, no. 8, pp. 73 β 102. land, frank ( 1999 ). " a historical analysis of implementing is at j. lyons. " in currie, w. g. ; galliers, r. d., editors. rethinking management information systems, pp. 310 β 325. oxford university press. savard, john j. g. ( 2018 ) [ 2005 ]. " computer arithmetic ". quadibloc. the early days of hexadecimal. archived from the original on 16 july 2018. retrieved 16 july 2018. ( has information on the leo iii character set. ) = = external links = = leo computers society. includes leopedia which is intended to be a comprehensive reference to archive, museum and media holdings and references to leo computers, and individuals associated with them, updated periodically by frank land. leo magnetic data tape collection at the icl computer museum leo artefacts at the icl computer museum leo paperwork at the icl computer museum leo artefacts at the centre for computing history leo computers collection, national archive for the history of computing, university of manchester library. how a cake company pioneered the first office computer bbc video interview with mary coombs, who worked on the first leo computer and was the first woman to become a commercial computer programmer oral history interview with john m. m. pinkerton, charles babbage institute, university of minnesota. pinkerton describes his work on leo computers
Answer:
|
I and II only
| null |
BCD, a manufacturer of computers, pays its salespeople a salary of $1,000 per month and a commission of five percent on billings actually rendered for machines that they sell. BCD salespeople are employed at will under written agreements which provide that in order to receive a commission the salesperson must be in the employment of the company when the bill is sent to the customer. In 1976, John, a salesperson for BCD, worked for eight months to get an order from Bobb Corporation for a large $750,000 computer. He consulted extensively with Bobb's top executives and worked with its operating personnel to develop detailed specifications for the new equipment. He also promised Bobb, with BCD's knowledge and approval, to assist Bobb for six months after installation in making the equipment work. On January 1, 1977, Bobb signed an order, and on March 1, the computer was installed. On March 15, BCD fired John on the stated ground that he had failed to meet his 1975 and 1976 sales quotas. John thought that BCD was correct in this statement. Another salesperson, Franklin, was thereupon assigned to service the Bobb account. On March 31, BCD billed Bobb for the computer.""Which of the following additional facts, if shown by the evidence, would support a claim by John against BCD? I. BCD terminated John because Franklin is the son of the company's president, who wanted his son to have the commission instead of John. II. BCD and John were mistaken; John had in fact exceeded his sales quotas for 1975 and 1976. III. John had worked for BCD as a salesperson for 20 years.
0. I only
1. II only
2. I and II only
3. I, II, and II
= = = decline = = = like today's trend of mobile devices from personal computers, in 1984 for the first time estimated sales of desktop computers ( $ 11. 6 billion ) exceeded mainframe computers ( $ 11. 4 billion ). ibm received the vast majority of mainframe revenue. from 1991 to 1996, at & t corporation briefly owned ncr, one of the major original mainframe producers. during the same period, companies found that servers based on microcomputer designs could be deployed at a fraction of the acquisition price and offer local users much greater control over their own systems given the it policies and practices at that time. terminals used for interacting with mainframe systems were gradually replaced by personal computers. consequently, demand plummeted and new mainframe installations were restricted mainly to financial services and government. in the early 1990s, there was a rough consensus among industry analysts that the mainframe was a dying market as mainframe platforms were increasingly replaced by personal computer networks. in 2012, nasa powered down its last mainframe, an ibm system z9. however, ibm's successor to the z9, the z10, led a new york times reporter to state four years earlier that " mainframe technology β hardware, software and services β remains a large and lucrative business for ibm, and mainframes are still the back - office engines behind the world's financial markets and much of global commerce ". as of 2010, while mainframe technology represented less than 3 % of ibm's revenues, it " continue [ d ] to play an outsized role in big blue's results ". = = supercomputers = = the top500 project lists and ranks the 500 fastest supercomputers for which benchmark results are submitted. since the early 1990s, the field of supercomputers has been dominated by unix or unix - like operating systems, and starting in 2017, every top 500 fastest supercomputer uses linux as its supercomputer operating system. the last supercomputer to rank # 1 while using an operating system other than linux was asci white, which ran aix. it held the title from november 2000 to november 2001, and was decommissioned in 2006. then in june 2017, two aix computers held rank 493 and 494, the last non - linux systems before they dropped off the list. historically all kinds of unix operating systems dominated, and in the end ultimately linux remains. = = market share by category = = = = see also = = comparison of operating systems list
million series c investment in skybitz. in april 2004, andy wood resigned as ceo and the company's cfo, rick burtner, became ceo. in 2005, skybitz acquired customers in the transportation industry including r & r trucking, tri - state motor, quality distribution and j rayl. the company was also selected as a " 2005 future 50 " technology company by smartceo magazine for its strategic direction and customer growth. in 2006, skybitz announced smart sensor tracking technology to optimize trailer utilization, improve reporting and maximize security. the company was named a β rising star β in deloitte & touche usa llp's technology fast 50 program for the state of virginia. skybitz also became the official tracking solution for the delivery of the united states capitol christmas tree. also in 2006, bob blair joined the company as cfo. in february 2007, the canadian imperial bank of commerce ( via cibc capital partners ) led the fourth round of funding totaling $ 10 million. in october 2007, homaira akbari replaced burtner as ceo. by the end of 2007 skybitz had acquired more than 400 customers in north america and added two new products : a cargo sensor and tractor / trailer id. the company was also ranked in inc. 500, the deloitte wireless fast 50, deloitte technology fast 500, the deloitte technology fast 50 for the states of virginia and maryland, and the heavy duty trucking nifty fifty award. = = = expansion = = = in january 2009, skybitz and research firm csmg, the strategy division of tmng global, announced new research quantifying the benefits of remote asset management. then in april 2009, skybitz expanded its sales coverage into canada with a partnership with elm technologies. also in april, a case study was released by the defense advanced research projects agency ( darpa ) highlighting skybitz technology. later in 2009 the company launched a new terrestrial - based tracking solution on kore networks, announced it received defense transportation tracking system ii ( dtts ) certification by the military surface deployment and distribution commands ( sddc ), and launched a new asset tracking software for trailer leasing companies. in 2010, skybitz announced a strategic partnership with iridium communications inc. by 2012 skybitz had launched a new iridium - based global solution. this quick expansion phase resulted in skybitz being named to inc. 5000 for five consecutive years from 2007 to 2011. it also drew the attention
companies producing ac and dc motors, generators, steam turbines and transformers. on 10 august 1987, asea and bbc announced they would merge to form asea brown boveri ( abb ). the new corporation would remain headquartered in both zurich, switzerland and vasteras, sweden, with each parent company holding 50 percent. the merger created a global industrial group with revenue of approximately $ 15 billion and 160, 000 employees. when abb began operations on 5 january 1988, its core operations included power generation, transmission and distribution ; electric transportation ; and industrial automation and robotics. in its first year, abb undertook some 15 acquisitions, including the environmental control group flakt ab of sweden, the contracting group sadelmi / cogepi of italy, and the railway manufacturer scandia - randers a / s of denmark. during 1989, abb purchased an additional 40 companies, including westinghouse electric's transmission and distribution assets, and announced an agreement to purchase the stamford, connecticut - based combustion engineering ( c - e ). = = = 1990s = = = during 1990, abb bought the robotics business of cincinnati milacron in the us. the acquisition expanded abb's presence in automated spot - welding and positioned the company to better serve the american automotive industry. abb's 1991 introduction of the irb 6000 robot, demonstrated its increased capacity in this field. the first modular robot, the irb 6000, can be reconfigured to perform a variety of specific tasks. at the time of its launch, the irb 6000 was the fastest and most accurate spot - welding robot on the market. in the early 1990s, abb started expanding in central and eastern europe. by the end of 1991, the company employed 10, 000 people in the region. the following year, that number doubled. a similar pattern played out in asia, where economic reforms in china and the lifting of some economic sanctions, helped open the region to a new wave of outside investment and industrial growth. by 1994, abb had 30, 000 employees and 100 plants, engineering, service and marketing centers across asia ; numbers that would continue to grow. through the 1990s, abb continued its strategy of targeted expansion in eastern europe, the asia β pacific region and the americas. in 1990, abb also expanded into australia when it acquired commonwealth engineering's ( comeng ) plant in dandenong, melbourne. abb continued to manufacture comeng's b - class melbourne tram at the plant. however, it did
business history = = in may 1985, thinking machines became the third company to register a. com domain name ( think. com ). the company became profitable in 1989, in part because of its contracts from the defense advanced research projects agency ( darpa ). the next year, they sold $ 65 million ( usd ) worth of hardware and software, making them the market leader in parallel supercomputers. thinking machines'primary supercomputer competitor was cray research. other parallel computing competitors included ncube, nearby kendall square research, and maspar, which made a computer similar to the cm - 2, and meiko scientific, whose cs - 2 was similar to the cm - 5. in 1991, darpa and the united states department of energy reduced their purchases amid criticism they were unfairly favoring thinking machines at the expense of cray, ncube, and maspar. tightening export laws also prevented the most powerful connection machines from being exported. by 1992, the company was losing money, and ceo sheryl handler was forced out. in august 1994, thinking machines filed for chapter 11 bankruptcy. the hardware portion of the company was purchased by sun microsystems, and tmc re - emerged as a small software company specializing in parallel software tools for commodity clusters and data mining software for its installed base and former competitors'parallel supercomputers. in december 1996, the parallel software development section was also acquired by sun microsystems. thinking machines continued as a pure data mining company until it was acquired in 1999 by oracle corporation. oracle later acquired sun microsystems, thus re - uniting much of thinking machines'intellectual property. the program wide area information server ( wais ), developed at thinking machines by brewster kahle, would later be influential in starting the internet archive and associated projects, including the rosetta project as part of danny hillis'clock of the long now. architect greg papadopoulos later became sun microsystems's chief technology officer ( cto ). = = dispersal = = many of the hardware people left for sun microsystems and went on to design the sun enterprise series of parallel computers. the darwin data mining toolkit, developed by thinking machines'business supercomputer group, was purchased by oracle. most of the team that built darwin had already left for dun & bradstreet soon after thinking machines corporation entered bankruptcy in 1994. thinking machines alumni ( known as " thunkos " ) helped create several parallel computing software start - ups, including ab initio software ; and
computing, vol. 22, no. 3, july β september, pp. 4 β 15 land, f. f. ( 2000 ). " the first business computer : a case study in user - driven automation ". ieee annals of the history of computing, vol. 22, no. 3, july β september, pp. 16 β 26. caminer, d. t. ( 1958 ), "... and how to avoid them ". the computer journal, vol. 1, no. 1. caminer, d. t. ( 1997 ). " leo and its applications : the beginning of business computing ". the computer journal, vol. 40, no. 10. caminer, d. t. ( 2003 ). " behind the curtain at leo : a personal reminiscence ". ieee annals of the history of computing, vol. 25, no. 2, april β june, pp3 β 13. hendry, j. ( 1988 ). " the teashop computer manufacturer : j. lyons ". business history, vol. 29, no. 8, pp. 73 β 102. land, frank ( 1999 ). " a historical analysis of implementing is at j. lyons. " in currie, w. g. ; galliers, r. d., editors. rethinking management information systems, pp. 310 β 325. oxford university press. savard, john j. g. ( 2018 ) [ 2005 ]. " computer arithmetic ". quadibloc. the early days of hexadecimal. archived from the original on 16 july 2018. retrieved 16 july 2018. ( has information on the leo iii character set. ) = = external links = = leo computers society. includes leopedia which is intended to be a comprehensive reference to archive, museum and media holdings and references to leo computers, and individuals associated with them, updated periodically by frank land. leo magnetic data tape collection at the icl computer museum leo artefacts at the icl computer museum leo paperwork at the icl computer museum leo artefacts at the centre for computing history leo computers collection, national archive for the history of computing, university of manchester library. how a cake company pioneered the first office computer bbc video interview with mary coombs, who worked on the first leo computer and was the first woman to become a commercial computer programmer oral history interview with john m. m. pinkerton, charles babbage institute, university of minnesota. pinkerton describes his work on leo computers
Answer:
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I only
| 0.3 |
In 1963, Hobson was appointed to a tribunal established pursuant to a congressional act. The tribunal's duties were to review claims made by veterans and to make recommendations to the Veterans Administration on their merits. Congress later abolished the tribunal and established a different format for review of such claims. Hobson was offered a federal administrative position in the same bureau at a lesser salary. He thereupon sued the government on the ground that Congress may not remove a federal judge from office during good behavior nor diminish his compensation during continuance in office. Government attorneys filed a motion to dismiss the action. The court should
0. deny the motion, because of the independence of the federal judiciary constitutionally guaranteed by Article III.
1. deny the motion, because Hobson has established a property right to his federal employment on the tribunal.
2. grant the motion, because Hobson lacks standing to raise the question.
3. grant the motion, because Hobson was not a judge under Article III and is not entitled to life tenure
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
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 generally deferred to the arbitration, although the practice was not consistent. the lack of enforcement of predispute agreements led to the federal arbitration act of 1925, with new york leading with a state law enforcing predispute agreements. in 1921, the american bar association drafted the federal arbitration act based on the new york law, which was passed in 1925 with minor changes. in the next decade, the american arbitration association promoted rules and facilitated arbitrations through appointments. in the 21st century, arbitration has been frequently given negative media coverage, especially during and after the me too movement and the us supreme court case epic systems corp. v. lewis. in response, democratic u. s. representative hank johnson introduced the forced arbitration injustice repeal act ( fair act ) into the 116th united states congress, which was cosponsored by republican representative matt gaetz and 220 other democrats. the fair act passed the house in the 116th congress but did not pass the senate ; both johnson and democratic senator richard blumenthal reintroduced the act in the 117th united states congress. in addition, americans have also increasingly participated in " mass arbitration ", a practice where consumers facing similar issues normally barred from participating in a class action lawsuit file multiple arbitration demands at once in an attempt to overwhelm a company's legal team. this has resulted in amazon removing arbitration provisions from its terms of service, and mass arbitration has additionally hit chipotle mexican grill, uber, lyft, intuit, facebook, and jpmorgan chase. = = see also = = = = notes = = = = references = = boskey, james b. ( 1993 ) the american arbitration association insurance adr manual west pub. co. = = = international arbitration = = = blackaby, nigel ; lindsey, david spinillo ; alessandro ( 2003 ) international arbitration in latin america kluwer born, gary ( 2009 ) international commercial arbitration kluwer buhring - uhle, christian and kirchhof, gabriele lars ( 2006 ) arbitration and mediation in international business 2nd ed. craig, w. laurence ; park, william w. ; paulsson, january ( 2001 ) international chamber of commerce arbitration oxford university press david, r. ( 1985 ) arbitration in international trade dezalay, yves
, and the power to issue precautionary measures. it also pertains to corporate arbitration, which is now governed by the iccp. = = = arbitration procedures in the united states = = = the u. s. supreme court has held that the federal arbitration act ( faa ) of 1925 established a public policy in favor of arbitration. for the first six decades of its existence, courts did not allow arbitration for " federal statutory claims " through a bright - line " nonarbitrability " doctrine, but in the 1980s the supreme court of the united states reversed and began to use the act to require arbitration if included in the contract for federal statutory claims. although some legal scholars believe that it was originally intended to apply to federal courts only, courts now routinely require arbitration due to the faa regardless of state statutes or public policy unconscionability determinations by state courts. in consumer law, standard form contracts often include mandatory predispute arbitration clauses which require consumer arbitration. under these agreements the consumer may waive their right to a lawsuit and a class action. in 2011, one of these clauses was upheld in at & t mobility v. concepcion. several arbitration organizations exist, including the american arbitration association and jams. the national arbitration forum also conducts arbitrations, but it no longer conducts consumer arbitrations pursuant to a consent decree entered into in 2009 because of evidence that it had been biased toward, and had incentives that favored, credit card companies over cardholders. the aaa was also asked to exit the business, but has not done so. = = = arbitration procedures in south korea = = = the korean arbitration act is the main law governing arbitration in the republic of korea. the official body which resolves disputes via arbitration is the korean commercial arbitration board. legal professionals and corporations, in korea, are increasingly preferring arbitration to litigation. the number of arbitrations, in korea, is increasing year on year. = = = arbitration procedures in north korea = = = according to michael hay, a lawyer who specialised in north korean law, north korea has an advanced arbitration system even compared to developed countries, and foreign companies face an even playing field in dispute resolution. arbitration cases could be concluded in as little as six months. according to hay, north korea maintains an advanced dispute resolution system in order to facilitate foreign investment. = = international = = = = = history = = = the united states and great britain were pioneers in the use of arbitration to resolve their differences. it was first used in the jay treaty of 1795 negotiated by john
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
fees after showing that the employer discriminated, even if no other remedy was awarded. finally, congress limited the rights of non - parties to attack consent decrees by barring any challenges by parties who knew or should have known of the decree or who were adequately represented by the original parties. the act also authorized jury trials on title vii claims and allowed title vii plaintiffs to recover emotional distress and punitive damages, while imposing caps on such relief. the 1991 act also made technical changes affecting the length of time allowed to challenge unlawful seniority provisions, to sue the federal government for discrimination, and to bring age discrimination claims, but it allowed successful plaintiffs to recover expert witness fees as part of an award of attorney's fees and to collect interest on any judgment against the federal government. = = see also = = us labor law civil right acts in the united states = = notes = = sturm, susan p. ( april 2007 ). " international union, u. a. w. v. johnson controls : history of litigation alliances and mobilization to challenge fetal protection policies ". researchgate. ssrn 982252. = = external links = = civil rights act of 1991 as amended ( pdf / details ) in the gpo statute compilations collection changes in title vii made by the civil rights act of 1991
Answer:
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grant the motion, because Hobson was not a judge under Article III and is not entitled to life tenure
| null |
In 1963, Hobson was appointed to a tribunal established pursuant to a congressional act. The tribunal's duties were to review claims made by veterans and to make recommendations to the Veterans Administration on their merits. Congress later abolished the tribunal and established a different format for review of such claims. Hobson was offered a federal administrative position in the same bureau at a lesser salary. He thereupon sued the government on the ground that Congress may not remove a federal judge from office during good behavior nor diminish his compensation during continuance in office. Government attorneys filed a motion to dismiss the action. The court should
0. deny the motion, because of the independence of the federal judiciary constitutionally guaranteed by Article III.
1. deny the motion, because Hobson has established a property right to his federal employment on the tribunal.
2. grant the motion, because Hobson lacks standing to raise the question.
3. grant the motion, because Hobson was not a judge under Article III and is not entitled to life tenure
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
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 generally deferred to the arbitration, although the practice was not consistent. the lack of enforcement of predispute agreements led to the federal arbitration act of 1925, with new york leading with a state law enforcing predispute agreements. in 1921, the american bar association drafted the federal arbitration act based on the new york law, which was passed in 1925 with minor changes. in the next decade, the american arbitration association promoted rules and facilitated arbitrations through appointments. in the 21st century, arbitration has been frequently given negative media coverage, especially during and after the me too movement and the us supreme court case epic systems corp. v. lewis. in response, democratic u. s. representative hank johnson introduced the forced arbitration injustice repeal act ( fair act ) into the 116th united states congress, which was cosponsored by republican representative matt gaetz and 220 other democrats. the fair act passed the house in the 116th congress but did not pass the senate ; both johnson and democratic senator richard blumenthal reintroduced the act in the 117th united states congress. in addition, americans have also increasingly participated in " mass arbitration ", a practice where consumers facing similar issues normally barred from participating in a class action lawsuit file multiple arbitration demands at once in an attempt to overwhelm a company's legal team. this has resulted in amazon removing arbitration provisions from its terms of service, and mass arbitration has additionally hit chipotle mexican grill, uber, lyft, intuit, facebook, and jpmorgan chase. = = see also = = = = notes = = = = references = = boskey, james b. ( 1993 ) the american arbitration association insurance adr manual west pub. co. = = = international arbitration = = = blackaby, nigel ; lindsey, david spinillo ; alessandro ( 2003 ) international arbitration in latin america kluwer born, gary ( 2009 ) international commercial arbitration kluwer buhring - uhle, christian and kirchhof, gabriele lars ( 2006 ) arbitration and mediation in international business 2nd ed. craig, w. laurence ; park, william w. ; paulsson, january ( 2001 ) international chamber of commerce arbitration oxford university press david, r. ( 1985 ) arbitration in international trade dezalay, yves
, and the power to issue precautionary measures. it also pertains to corporate arbitration, which is now governed by the iccp. = = = arbitration procedures in the united states = = = the u. s. supreme court has held that the federal arbitration act ( faa ) of 1925 established a public policy in favor of arbitration. for the first six decades of its existence, courts did not allow arbitration for " federal statutory claims " through a bright - line " nonarbitrability " doctrine, but in the 1980s the supreme court of the united states reversed and began to use the act to require arbitration if included in the contract for federal statutory claims. although some legal scholars believe that it was originally intended to apply to federal courts only, courts now routinely require arbitration due to the faa regardless of state statutes or public policy unconscionability determinations by state courts. in consumer law, standard form contracts often include mandatory predispute arbitration clauses which require consumer arbitration. under these agreements the consumer may waive their right to a lawsuit and a class action. in 2011, one of these clauses was upheld in at & t mobility v. concepcion. several arbitration organizations exist, including the american arbitration association and jams. the national arbitration forum also conducts arbitrations, but it no longer conducts consumer arbitrations pursuant to a consent decree entered into in 2009 because of evidence that it had been biased toward, and had incentives that favored, credit card companies over cardholders. the aaa was also asked to exit the business, but has not done so. = = = arbitration procedures in south korea = = = the korean arbitration act is the main law governing arbitration in the republic of korea. the official body which resolves disputes via arbitration is the korean commercial arbitration board. legal professionals and corporations, in korea, are increasingly preferring arbitration to litigation. the number of arbitrations, in korea, is increasing year on year. = = = arbitration procedures in north korea = = = according to michael hay, a lawyer who specialised in north korean law, north korea has an advanced arbitration system even compared to developed countries, and foreign companies face an even playing field in dispute resolution. arbitration cases could be concluded in as little as six months. according to hay, north korea maintains an advanced dispute resolution system in order to facilitate foreign investment. = = international = = = = = history = = = the united states and great britain were pioneers in the use of arbitration to resolve their differences. it was first used in the jay treaty of 1795 negotiated by john
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
fees after showing that the employer discriminated, even if no other remedy was awarded. finally, congress limited the rights of non - parties to attack consent decrees by barring any challenges by parties who knew or should have known of the decree or who were adequately represented by the original parties. the act also authorized jury trials on title vii claims and allowed title vii plaintiffs to recover emotional distress and punitive damages, while imposing caps on such relief. the 1991 act also made technical changes affecting the length of time allowed to challenge unlawful seniority provisions, to sue the federal government for discrimination, and to bring age discrimination claims, but it allowed successful plaintiffs to recover expert witness fees as part of an award of attorney's fees and to collect interest on any judgment against the federal government. = = see also = = us labor law civil right acts in the united states = = notes = = sturm, susan p. ( april 2007 ). " international union, u. a. w. v. johnson controls : history of litigation alliances and mobilization to challenge fetal protection policies ". researchgate. ssrn 982252. = = external links = = civil rights act of 1991 as amended ( pdf / details ) in the gpo statute compilations collection changes in title vii made by the civil rights act of 1991
Answer:
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deny the motion, because Hobson has established a property right to his federal employment on the tribunal.
| 0.3 |
In 1940, Cattle Company paid $30,000 for a 150- acre tract of agricultural land well suited for a cattle feedlot. The tract was 10 miles from the city of Metropolis, then a community of 50,000 people, and five miles from the nearest home. By 1976, the city limits extended to Cattle Company's feedlot, and the city had a population of 350,000. About 10,000 people lived within three miles of the cattle-feeding operation. The Cattle Company land is outside the city limits and no zoning ordinance applies. The Cattle Company land is now worth $300,000, and $25,000 has been invested in buildings and pens. Cattle Company, conscious of its obligations to its neighbors, uses the best and most sanitary feedlot procedures, including chemical sprays, to keep down flies and odors, and frequently removes manure. Despite these measures, residents of Metropolis complain of flies and odors. An action has been filed by five individual homeowners who live within half a mile of the Cattle Company feedlot. The plaintiffs' homes are valued currently at $25,000 to $40,000 each. Flies in the area are five to ten times more numerous than in other parts of Metropolis, and extremely obnoxious odors are frequently carried by the wind to the plaintiffs' homes. The flies and odors are a substantial health hazard."If plaintiffs assert a claim based on public nuisance, plaintiffs will
0. prevail if plaintiffs sustained harm different from that suffered by the public at large.
1. prevail if Cattle Company's acts interfered with any person's enjoyment of his property.
2. not prevail, because only the state may bring an action based on public nuisance.
3. not prevail, because plaintiffs came to the nuisance
than men. there is a glass ceiling for women everywhere, but in rural areas it tends to be made of thick steel. " hiroya masuda, author of japanese report on rural depopulation. post - world war ii rural flight has been caused primarily by the spread of industrialized agriculture. small, labor - intensive family farms have grown into, or have been replaced by, heavily mechanized and specialized industrial farms. while a small family farm typically produced a wide range of crop, garden, and animal products β all requiring substantial labor β large industrial farms typically specialize in just a few crop or livestock varieties, using large machinery and high - density livestock containment systems that require a fraction of the labor per unit produced. for example, iowa state university reports the number of hog farmers in iowa dropped from 65, 000 in 1980 to 10, 000 in 2002, while the number of hogs per farm increased from 200 to 1, 400. the consolidation of the feed, seed, processed grain, and livestock industries has meant that there are fewer small businesses in rural areas. this decrease in turn exacerbated the decreased demand for labor. rural areas that used to be able to provide employment for all young adults willing to work in challenging conditions, increasingly provide fewer opportunities for young adults. the situation is made worse by the decrease in services such as schools, business, and cultural opportunities that accompany the decline in population, and the increasing age of the remaining population further stresses the social service system of rural areas. = = = abandonment of small towns = = = the rise of corporate agricultural structures directly affects small rural communities, resulting in decreased populations, decreased incomes for some segments, increased income inequality, decreased community participation, fewer retail outlets and less retail trade, and increased environmental pollution. since the 1990s, china has merged schools into more centralized village -, town -, or county - level schools in rural areas to address some of these very problems. = = reasons for leaving = = as with other human migration, various push and pull factors contribute to rural flight : lower levels of ( perceived ) economic opportunity in rural communities versus urban ones, lower levels of government investment in rural communities, greater education opportunities in cities, marriages, increased social acceptance in urban areas, and higher levels of rural fertility. = = = economic motives = = = some migrants choose to leave rural communities to pursue economic opportunity in urban areas. greater economic opportunities can be real or perceived. according to the harris - todaro model, migration to urban areas will continue as long as " expected urban real
the proportion of fatty acids in a cow's rumen, but every other type of feed measured does. = = = forage analysis = = = measuring the composition of a cow's rumen can also indicate the quality of its feed, a process called a forage analysis. once the cannula is surgically placed, the cow is then allowed to graze for a certain period of time β for example, 30 to 45 minutes, in a 1960 study at the university of nevada, reno. researchers will then remove some or all of the ruminated material through the cannula. analyzing rumen this way can indicate whether particular grasses on which cows are grazing are nutritionally adequate. = = = transfaunation = = = veterinary schools, veterinary hospitals, and bovine farming operations in north america often keep a healthy fistulated cow as a microbiota donor. large animal veterinarians will pull the contents by hand from the healthy cow's rumen system to help repopulate the fauna in a sick cow's rumen. this process is called transfaunation, or a microbiota transplant. in europe, the fistulation of cows to provide rumen contents for transfaunation is considered unethical, and is not practised. instead, rumen liquor is aspirated through a rumen - fluid collector, consisting of a frick gag and a flexible hose with a perforated metal tip which serves as a filter. the hose and tip is passed through the gag and down the oesophagus to the rumen. it is normally possible to aspirate five litres of rumen liquor using this device. rumen contents from a fistulated cow can also help sheep and goats, which have similar digestive systems. a 2014 review of rumen transfaunation research indicated that the procedure has been demonstrated to help correct indigestion resulting from illness, surgical correction of displaced abomasum, and ingestion of toxic plants. = = ethical implications = = though veterinarians and bovine farmers point to the effectiveness of transfaunation for treating digestive disease, many animal rights groups argue that the practice is unnecessarily harmful to the quality of life of the cannulated cow. use of a rumen - fluid collector instead of fistulation is well tolerated by the donor cow. people for the ethical treatment of animals points to the surgery's four - to six - week recovery period and suggests that arguments for the health benefits
the production per cow. while milk production rose, vermont's market share declined. within a group of states supplying the boston and new york city markets ( called " federal order class i " ), vermont was third in market share, with 10. 6 % ; new york has 44. 9 % and pennsylvania has 32. 9 %. in 2007, dairy farmers received a record $ 23. 60 for 100 pounds ( 45 kg ) ( 11. 63 gallons at $ 2. 03 / gallon ) of milk. this dropped in 2008 to $ 17 ( $ 1. 46 / gallon ). the average dairy farm produced 1. 3 million pounds of milk annually in 2008. the dairy barn remains characteristic of vermont, but the 95 % decrease in dairy farms between 1947 and 2021 means that preservation of dairy barns has increasingly become a matter of preserving historic legacy rather than meeting a basic need of an agricultural economy. the vermont barn census, organized in 2009 by educational and nonprofit state and local historic preservation programs, has worked to record the number, condition, and features of barns throughout vermont. a significant amount of milk is shipped into the boston market. therefore, the commonwealth of massachusetts certifies that vermont farms meet massachusetts sanitary standards. without this certification, a farmer may not sell milk for distribution into the bulk market. in 2019, two - thirds of all milk in new england was produced by vermont dairies. = = = = forestry = = = = forestry has always been a staple to the economy, comprising 1 % of the total gross state output and 9 % of total manufacturing as of 2013. in 2007, windham county contained the largest concentration of kilns for drying lumber east of the mississippi river. the decline of farms has resulted in a regrowth of vermont's forests due to ecological succession. today, most of vermont's forests are secondary. the state and non - profit organizations are actively encouraging regrowth and careful forest management. over 78 % of the land area of the state is forested compared to only 37 % in the 1880s, when sheep farming was at its peak and large amounts of acreage were cleared for grazing. over 85 % of that area is non - industrial, private forestland owned by individuals or families. in 2013, 73, 054 million cubic feet ( 2, 068. 7 million cubic meters ) of wood was harvested in vermont. a large amount of vermont forest products are exports with 21, 504 million feet ( 6. 554Γ109 meters ) being shipped overseas plus an additional 16
of the price of milk in the united states above the government subsidized price. in 2010 the department of agriculture predicted farmers would receive an average of $ 1. 35 per us gallon ( $ 0. 36 / l ; $ 1. 62 / imp gal ) of cow's milk, which is down 30 cents per us gallon ( 7. 9 Β’ / l ; 36 Β’ / imp gal ) from 2007 and below the break - even point for many cattle farmers. = = composition = = milk is an emulsion or colloid of butterfat globules within a water - based fluid that contains dissolved carbohydrates and protein aggregates with minerals. because it is produced as a food source for the young, all of its contents provide benefits for growth. the principal requirements are energy ( lipids, lactose, and protein ), biosynthesis of non - essential amino acids supplied by proteins ( essential amino acids and amino groups ), essential fatty acids, vitamins and inorganic elements, and water. = = = ph = = = the ph of cow's milk, ranging from 6. 7 to 6. 9, is similar to other bovines and non - bovine mammals. = = = lipids = = = full fat milk contains about 33 grams of fat per liter, including about 19 grams of saturated fat, 1. 2 grams of omega 6 fatty acids, and 0. 75 grams of omega 3 fatty acids per liter. the amount of fat varies for products where ( some of ) the fat has been removed, such as in skimmed milk. initially milk fat is secreted in the form of a fat globule surrounded by a membrane. each fat globule is composed almost entirely of triacylglycerols and is surrounded by a membrane consisting of complex lipids such as phospholipids, along with proteins. these act as emulsifiers which keep the individual globules from coalescing and protect the contents of these globules from various enzymes in the fluid portion of the milk. although 97 β 98 % of lipids are triacylglycerols, small amounts of di - and monoacylglycerols, free cholesterol and cholesterol esters, free fatty acids, and phospholipids are also present. unlike protein and carbohydrates, fat composition in milk varies widely due to genetic, lactational, and nutritional factor difference between different species. fat g
sites such as one in eugene, oregon, include rainwater catchment, edible landscaping, removing paved driveways, turning a garage into living space, and changing a south side patio into passive solar. vacant lot farms are community - managed farm sites, but are often seen by authorities as temporary rather than permanent. for example, los angeles'south central farm ( 1994 β 2006 ), one of the largest urban gardens in the united states, was bulldozed with approval from property owner ralph horowitz, despite community protest. the possibilities and challenges for suburban or urban permaculture vary with the built environment around the world. for example, land is used more ecologically in jaisalmer, india than in american planned cities such as los angeles : the application of universal rules regarding setbacks from roads and property lines systematically creates unused and purposeless space as an integral part of the built landscape, well beyond the classic image of the vacant lot.... because these spaces are created in accordance with a general pattern, rather than responding to any local need or desire, many if not most are underutilized, unproductive, and generally maintained as ecologically disastrous lawns by unenthusiastic owners. in this broadest understanding of wasted land, the concept is opened to reveal how our system of urban design gives rise to a ubiquitous pattern of land that, while not usually conceived as vacant, is in fact largely without ecological or social value. = = = marine systems = = = permaculture derives its origin from agriculture, although the same principles, especially its foundational ethics, can also be applied to mariculture, particularly seaweed farming. in marine permaculture, artificial upwelling of cold, deep ocean water is induced. when an attachment substrate is provided in association with such an upwelling, and kelp sporophytes are present, a kelp forest ecosystem can be established ( since kelp needs the cool temperatures and abundant dissolved macronutrients present in such an environment ). microalgae proliferate as well. marine forest habitat is beneficial for many fish species, and the kelp is a renewable resource for food, animal feed, medicines and various other commercial products. it is also a powerful tool for carbon fixation. the upwelling can be powered by renewable energy on location. vertical mixing has been reduced due to ocean stratification effects associated with climate change. reduced vertical mixing and marine heatwaves have decimated seaweed ecosystems in many areas. marine per
Answer:
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prevail if plaintiffs sustained harm different from that suffered by the public at large.
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In 1940, Cattle Company paid $30,000 for a 150- acre tract of agricultural land well suited for a cattle feedlot. The tract was 10 miles from the city of Metropolis, then a community of 50,000 people, and five miles from the nearest home. By 1976, the city limits extended to Cattle Company's feedlot, and the city had a population of 350,000. About 10,000 people lived within three miles of the cattle-feeding operation. The Cattle Company land is outside the city limits and no zoning ordinance applies. The Cattle Company land is now worth $300,000, and $25,000 has been invested in buildings and pens. Cattle Company, conscious of its obligations to its neighbors, uses the best and most sanitary feedlot procedures, including chemical sprays, to keep down flies and odors, and frequently removes manure. Despite these measures, residents of Metropolis complain of flies and odors. An action has been filed by five individual homeowners who live within half a mile of the Cattle Company feedlot. The plaintiffs' homes are valued currently at $25,000 to $40,000 each. Flies in the area are five to ten times more numerous than in other parts of Metropolis, and extremely obnoxious odors are frequently carried by the wind to the plaintiffs' homes. The flies and odors are a substantial health hazard."If plaintiffs assert a claim based on public nuisance, plaintiffs will
0. prevail if plaintiffs sustained harm different from that suffered by the public at large.
1. prevail if Cattle Company's acts interfered with any person's enjoyment of his property.
2. not prevail, because only the state may bring an action based on public nuisance.
3. not prevail, because plaintiffs came to the nuisance
than men. there is a glass ceiling for women everywhere, but in rural areas it tends to be made of thick steel. " hiroya masuda, author of japanese report on rural depopulation. post - world war ii rural flight has been caused primarily by the spread of industrialized agriculture. small, labor - intensive family farms have grown into, or have been replaced by, heavily mechanized and specialized industrial farms. while a small family farm typically produced a wide range of crop, garden, and animal products β all requiring substantial labor β large industrial farms typically specialize in just a few crop or livestock varieties, using large machinery and high - density livestock containment systems that require a fraction of the labor per unit produced. for example, iowa state university reports the number of hog farmers in iowa dropped from 65, 000 in 1980 to 10, 000 in 2002, while the number of hogs per farm increased from 200 to 1, 400. the consolidation of the feed, seed, processed grain, and livestock industries has meant that there are fewer small businesses in rural areas. this decrease in turn exacerbated the decreased demand for labor. rural areas that used to be able to provide employment for all young adults willing to work in challenging conditions, increasingly provide fewer opportunities for young adults. the situation is made worse by the decrease in services such as schools, business, and cultural opportunities that accompany the decline in population, and the increasing age of the remaining population further stresses the social service system of rural areas. = = = abandonment of small towns = = = the rise of corporate agricultural structures directly affects small rural communities, resulting in decreased populations, decreased incomes for some segments, increased income inequality, decreased community participation, fewer retail outlets and less retail trade, and increased environmental pollution. since the 1990s, china has merged schools into more centralized village -, town -, or county - level schools in rural areas to address some of these very problems. = = reasons for leaving = = as with other human migration, various push and pull factors contribute to rural flight : lower levels of ( perceived ) economic opportunity in rural communities versus urban ones, lower levels of government investment in rural communities, greater education opportunities in cities, marriages, increased social acceptance in urban areas, and higher levels of rural fertility. = = = economic motives = = = some migrants choose to leave rural communities to pursue economic opportunity in urban areas. greater economic opportunities can be real or perceived. according to the harris - todaro model, migration to urban areas will continue as long as " expected urban real
the proportion of fatty acids in a cow's rumen, but every other type of feed measured does. = = = forage analysis = = = measuring the composition of a cow's rumen can also indicate the quality of its feed, a process called a forage analysis. once the cannula is surgically placed, the cow is then allowed to graze for a certain period of time β for example, 30 to 45 minutes, in a 1960 study at the university of nevada, reno. researchers will then remove some or all of the ruminated material through the cannula. analyzing rumen this way can indicate whether particular grasses on which cows are grazing are nutritionally adequate. = = = transfaunation = = = veterinary schools, veterinary hospitals, and bovine farming operations in north america often keep a healthy fistulated cow as a microbiota donor. large animal veterinarians will pull the contents by hand from the healthy cow's rumen system to help repopulate the fauna in a sick cow's rumen. this process is called transfaunation, or a microbiota transplant. in europe, the fistulation of cows to provide rumen contents for transfaunation is considered unethical, and is not practised. instead, rumen liquor is aspirated through a rumen - fluid collector, consisting of a frick gag and a flexible hose with a perforated metal tip which serves as a filter. the hose and tip is passed through the gag and down the oesophagus to the rumen. it is normally possible to aspirate five litres of rumen liquor using this device. rumen contents from a fistulated cow can also help sheep and goats, which have similar digestive systems. a 2014 review of rumen transfaunation research indicated that the procedure has been demonstrated to help correct indigestion resulting from illness, surgical correction of displaced abomasum, and ingestion of toxic plants. = = ethical implications = = though veterinarians and bovine farmers point to the effectiveness of transfaunation for treating digestive disease, many animal rights groups argue that the practice is unnecessarily harmful to the quality of life of the cannulated cow. use of a rumen - fluid collector instead of fistulation is well tolerated by the donor cow. people for the ethical treatment of animals points to the surgery's four - to six - week recovery period and suggests that arguments for the health benefits
the production per cow. while milk production rose, vermont's market share declined. within a group of states supplying the boston and new york city markets ( called " federal order class i " ), vermont was third in market share, with 10. 6 % ; new york has 44. 9 % and pennsylvania has 32. 9 %. in 2007, dairy farmers received a record $ 23. 60 for 100 pounds ( 45 kg ) ( 11. 63 gallons at $ 2. 03 / gallon ) of milk. this dropped in 2008 to $ 17 ( $ 1. 46 / gallon ). the average dairy farm produced 1. 3 million pounds of milk annually in 2008. the dairy barn remains characteristic of vermont, but the 95 % decrease in dairy farms between 1947 and 2021 means that preservation of dairy barns has increasingly become a matter of preserving historic legacy rather than meeting a basic need of an agricultural economy. the vermont barn census, organized in 2009 by educational and nonprofit state and local historic preservation programs, has worked to record the number, condition, and features of barns throughout vermont. a significant amount of milk is shipped into the boston market. therefore, the commonwealth of massachusetts certifies that vermont farms meet massachusetts sanitary standards. without this certification, a farmer may not sell milk for distribution into the bulk market. in 2019, two - thirds of all milk in new england was produced by vermont dairies. = = = = forestry = = = = forestry has always been a staple to the economy, comprising 1 % of the total gross state output and 9 % of total manufacturing as of 2013. in 2007, windham county contained the largest concentration of kilns for drying lumber east of the mississippi river. the decline of farms has resulted in a regrowth of vermont's forests due to ecological succession. today, most of vermont's forests are secondary. the state and non - profit organizations are actively encouraging regrowth and careful forest management. over 78 % of the land area of the state is forested compared to only 37 % in the 1880s, when sheep farming was at its peak and large amounts of acreage were cleared for grazing. over 85 % of that area is non - industrial, private forestland owned by individuals or families. in 2013, 73, 054 million cubic feet ( 2, 068. 7 million cubic meters ) of wood was harvested in vermont. a large amount of vermont forest products are exports with 21, 504 million feet ( 6. 554Γ109 meters ) being shipped overseas plus an additional 16
of the price of milk in the united states above the government subsidized price. in 2010 the department of agriculture predicted farmers would receive an average of $ 1. 35 per us gallon ( $ 0. 36 / l ; $ 1. 62 / imp gal ) of cow's milk, which is down 30 cents per us gallon ( 7. 9 Β’ / l ; 36 Β’ / imp gal ) from 2007 and below the break - even point for many cattle farmers. = = composition = = milk is an emulsion or colloid of butterfat globules within a water - based fluid that contains dissolved carbohydrates and protein aggregates with minerals. because it is produced as a food source for the young, all of its contents provide benefits for growth. the principal requirements are energy ( lipids, lactose, and protein ), biosynthesis of non - essential amino acids supplied by proteins ( essential amino acids and amino groups ), essential fatty acids, vitamins and inorganic elements, and water. = = = ph = = = the ph of cow's milk, ranging from 6. 7 to 6. 9, is similar to other bovines and non - bovine mammals. = = = lipids = = = full fat milk contains about 33 grams of fat per liter, including about 19 grams of saturated fat, 1. 2 grams of omega 6 fatty acids, and 0. 75 grams of omega 3 fatty acids per liter. the amount of fat varies for products where ( some of ) the fat has been removed, such as in skimmed milk. initially milk fat is secreted in the form of a fat globule surrounded by a membrane. each fat globule is composed almost entirely of triacylglycerols and is surrounded by a membrane consisting of complex lipids such as phospholipids, along with proteins. these act as emulsifiers which keep the individual globules from coalescing and protect the contents of these globules from various enzymes in the fluid portion of the milk. although 97 β 98 % of lipids are triacylglycerols, small amounts of di - and monoacylglycerols, free cholesterol and cholesterol esters, free fatty acids, and phospholipids are also present. unlike protein and carbohydrates, fat composition in milk varies widely due to genetic, lactational, and nutritional factor difference between different species. fat g
sites such as one in eugene, oregon, include rainwater catchment, edible landscaping, removing paved driveways, turning a garage into living space, and changing a south side patio into passive solar. vacant lot farms are community - managed farm sites, but are often seen by authorities as temporary rather than permanent. for example, los angeles'south central farm ( 1994 β 2006 ), one of the largest urban gardens in the united states, was bulldozed with approval from property owner ralph horowitz, despite community protest. the possibilities and challenges for suburban or urban permaculture vary with the built environment around the world. for example, land is used more ecologically in jaisalmer, india than in american planned cities such as los angeles : the application of universal rules regarding setbacks from roads and property lines systematically creates unused and purposeless space as an integral part of the built landscape, well beyond the classic image of the vacant lot.... because these spaces are created in accordance with a general pattern, rather than responding to any local need or desire, many if not most are underutilized, unproductive, and generally maintained as ecologically disastrous lawns by unenthusiastic owners. in this broadest understanding of wasted land, the concept is opened to reveal how our system of urban design gives rise to a ubiquitous pattern of land that, while not usually conceived as vacant, is in fact largely without ecological or social value. = = = marine systems = = = permaculture derives its origin from agriculture, although the same principles, especially its foundational ethics, can also be applied to mariculture, particularly seaweed farming. in marine permaculture, artificial upwelling of cold, deep ocean water is induced. when an attachment substrate is provided in association with such an upwelling, and kelp sporophytes are present, a kelp forest ecosystem can be established ( since kelp needs the cool temperatures and abundant dissolved macronutrients present in such an environment ). microalgae proliferate as well. marine forest habitat is beneficial for many fish species, and the kelp is a renewable resource for food, animal feed, medicines and various other commercial products. it is also a powerful tool for carbon fixation. the upwelling can be powered by renewable energy on location. vertical mixing has been reduced due to ocean stratification effects associated with climate change. reduced vertical mixing and marine heatwaves have decimated seaweed ecosystems in many areas. marine per
Answer:
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prevail if Cattle Company's acts interfered with any person's enjoyment of his property.
| 0.3 |
Alan, who was already married, went through a marriage ceremony with Betty and committed bigamy. Carl, his friend, who did not know of Alan's previous marriage, had encouraged Alan to marry Betty and was best man at the ceremony. If Carl is charged with being an accessory to bigamy, he should be found
0. not guilty, because his encouragement and assistance were not the legal cause of the crime.
1. not guilty, because he did not have the mental state required for aiding and abetting.
2. guilty, because he encouraged Alan, and his mistake as to the existence of a prior marriage is not a defense to a charge of bigamy.
3. guilty, because he was present when the crime occurred and is thus a principal in the second degre
in a culture where only monogamous relationships are legally recognized, bigamy is the act of entering into a marriage with one person while still legally married to another. a legal or de facto separation of the couple does not alter their marital status as married persons. in the case of a person in the process of divorcing their spouse, that person is taken to be legally married until such time as the divorce becomes final or absolute under the law of the relevant jurisdiction. bigamy laws do not apply to couples in a de facto or cohabitation relationship, or that enter such relationships when one is legally married. if the prior marriage is for any reason void, the couple is not married, and hence each party is free to marry another without falling foul of the bigamy laws. bigamy is a crime in most countries that recognise only monogamous marriages. when it occurs in this context often neither the first nor second spouse is aware of the other. in countries that have bigamy laws, with a few exceptions ( such as egypt and iran ), consent from a prior spouse makes no difference to the legality of the second marriage, which is usually considered void. = = history of anti - bigamy laws = = even before christianity became the official religion of the roman empire, diocletian and maximian passed strict anti - polygamy laws in 285 ad that mandated monogamy as the only form of legal marital relationship, as had traditionally been the case in classical greece and rome. in 393, the roman emperor theodosius i issued an imperial edict to extend the ban on polygamy to jewish communities. in 1000, rabbi gershom ben judah ruled polygamy inadmissible within ashkenazi jewish communities living in a christian environment. = = legal situation = = most western countries do not recognise polygamous marriages, and consider bigamy a crime. several countries also prohibit people from living a polygamous lifestyle. this is the case with the united states where the criminalisation of a polygamous lifestyle originated as anti - mormon laws, although they are rarely enforced. de facto polygamy is illegal under us federal law, the edmunds act. in diplomatic law, consular spouses from polygamous countries are sometimes exempt from a general prohibition on polygamy in host countries. in some such countries, only one spouse of a polygamous diplomat may be accredited, however. = = = by country and region = = = australia : illegal. up to five years'imprisonment.
aiding and abetting is a legal doctrine related to the guilt of someone who aids or abets ( encourages, incites ) another person in the commission of a crime ( or in another's suicide ). it exists in a number of different countries and generally allows a court to pronounce someone guilty for aiding and abetting in a crime even if he or she is not the principal offender. the words aiding, abetting and accessory are closely used but have differences. while aiding means providing support or assistance to someone, abetting means encouraging someone else to commit a crime. accessory is someone who in fact assists " commission of a crime committed primarily by someone else ". however, some jurisdictions have merged being an accessory before the fact with aiding and abetting. = = canada = = in canada, a person who aids or abets in the commission of a crime is treated the same as a principal offender under the criminal law. section 21 ( 1 ) of the criminal code provides that : every one is a party to an offence who ( a ) actually commits it ; ( b ) does or omits to do anything for the purpose of aiding any person to commit it ; or ( c ) abets any person in committing it. to show that an accused aided or abetted in the commission of a crime, the crown does not need to prove the guilt of a specific principal offender. the crown must show something more than mere presence to prove the act of aiding or abetting. presence in the commission of a crime might be evidence of aiding and abetting if the accused had prior knowledge of the crime, or if the accused had legal duty or control over the principal offender. for example, the owner of a car who lets another person drive dangerously without taking steps to prevent it may be guilty because of their control over the driver's use of the vehicle. further, the crown must show that the accused had prior knowledge that " an offence of the type committed was planned ", but it is not necessary that the accused desired the result or had the motive of assisting the crime. intention to assist the crime is sufficient. = = united states = = = = = criminal = = = aiding and abetting is an additional provision in united states criminal law, for situations where it cannot be shown the 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
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. = = united kingdom = = = = = england and wales = = = the accessories and abettors act 1861 provides that an accessory to an indictable offence shall be treated in the same way as if he had actually committed the offence himself. section 8 of the act, as amended, reads : whosoever shall aid, abet, counsel, or procure the commission of any indictable offence, whether the same be an offence at common law or by virtue of any act passed or to be passed, shall be liable to be tried, indicted, and punished as a principal offender. ( section 10 states that the act does not apply to scotland. ) section 44 ( 1 ) of the magistrates'courts act 1980 makes similar provision for summary offences. it says : a person who aids, abets, counsels or procures the commission by another person of a summary offence shall be guilty of the like offence and may be tried ( whether or not he is charged as a principal ) either by a court having jurisdiction to try that other person or by a court having by virtue of his own offence jurisdiction to try him. in the case of r v jogee, the supreme court of the united kingdom held in 2016 that an accessory can be guilty of the principal's crime only if the accessory intended to assist the principal to commit the crime while having the necessary mens rea to commit that crime. = = = = derek bentley case = = = = one of the most notorious cases of this type was the 1952 case in england involving derek bentley, a mentally challenged man who was in police custody when his sixteen - year - old companion, christopher craig, shot and killed a police constable during a botched break - in. craig was sentenced to be detained at her majesty's pleasure, since as a juvenile offender he could not be sentenced to death ( he was released after serving ten years ), but bentley was hanged despite popular protest. the incident was dramatized in the film let him have it, which is what bentley allegedly said to craig during the incident, which can be interpreted either as telling craig to shoot the policeman, or to give him the gun. the hanging of bentley led to public outrage and sparked the mp sydney silverman's campaign to abolish capital punishment in
. this caused an uproar among professional statisticians, whose criticisms were twofold : = = = the prosecutor's fallacy = = = firstly, meadow was accused of espousing the so - called prosecutor's fallacy in which the probability of " cause given effect " ( i. e. the true likelihood of a suspect's innocence ) is confused with that of " effect given cause " ( the likelihood that innocence will result in the observed double - cot - death ). in reality, these quantities can only be equated when the likelihood of the alternative hypothesis, in this case murder, is close to certainty. since murder ( and especially double murder ) is itself a rare event, the probability of clark's innocence was certainly far greater than meadow's figure suggested. an equivalent error is to accuse anybody who wins a lottery of fraud. = = = statistical independence = = = the second criticism was that meadow's calculation had assumed that cot deaths within a single family were statistically independent events, governed by a probability common to the entire affluent non - smoking population. no account had been taken of conditions specific to individual families ( such as a hypothesised " cot death gene " ) which might make some more vulnerable than others. the occurrence of one cot - death makes it likely that such conditions exist, and the probability of subsequent deaths is therefore greater than the group average ( estimates are mostly in the region of 1 : 100 ). combining these corrections with estimates of successive murder probabilities by affluent non - smokers, mathematics professor ray hill found that the probability of clark's guilt could be as low as 10 % ( based solely on the fact of two unexplained child deaths, and before any other evidence was considered ). in any case, a legal verdict is not to be rendered on the basis of statistics ; hill wrote, " guilt must be proved on the basis of forensic and other evidence and not on the basis of these statistics alone. my own personal view that she is innocent is based on my subjective assessment of all the aspects ". = = see also = = kathleen folbigg sally clark carol matthey = = references = =
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
Answer:
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not guilty, because he did not have the mental state required for aiding and abetting.
| null |
Alan, who was already married, went through a marriage ceremony with Betty and committed bigamy. Carl, his friend, who did not know of Alan's previous marriage, had encouraged Alan to marry Betty and was best man at the ceremony. If Carl is charged with being an accessory to bigamy, he should be found
0. not guilty, because his encouragement and assistance were not the legal cause of the crime.
1. not guilty, because he did not have the mental state required for aiding and abetting.
2. guilty, because he encouraged Alan, and his mistake as to the existence of a prior marriage is not a defense to a charge of bigamy.
3. guilty, because he was present when the crime occurred and is thus a principal in the second degre
in a culture where only monogamous relationships are legally recognized, bigamy is the act of entering into a marriage with one person while still legally married to another. a legal or de facto separation of the couple does not alter their marital status as married persons. in the case of a person in the process of divorcing their spouse, that person is taken to be legally married until such time as the divorce becomes final or absolute under the law of the relevant jurisdiction. bigamy laws do not apply to couples in a de facto or cohabitation relationship, or that enter such relationships when one is legally married. if the prior marriage is for any reason void, the couple is not married, and hence each party is free to marry another without falling foul of the bigamy laws. bigamy is a crime in most countries that recognise only monogamous marriages. when it occurs in this context often neither the first nor second spouse is aware of the other. in countries that have bigamy laws, with a few exceptions ( such as egypt and iran ), consent from a prior spouse makes no difference to the legality of the second marriage, which is usually considered void. = = history of anti - bigamy laws = = even before christianity became the official religion of the roman empire, diocletian and maximian passed strict anti - polygamy laws in 285 ad that mandated monogamy as the only form of legal marital relationship, as had traditionally been the case in classical greece and rome. in 393, the roman emperor theodosius i issued an imperial edict to extend the ban on polygamy to jewish communities. in 1000, rabbi gershom ben judah ruled polygamy inadmissible within ashkenazi jewish communities living in a christian environment. = = legal situation = = most western countries do not recognise polygamous marriages, and consider bigamy a crime. several countries also prohibit people from living a polygamous lifestyle. this is the case with the united states where the criminalisation of a polygamous lifestyle originated as anti - mormon laws, although they are rarely enforced. de facto polygamy is illegal under us federal law, the edmunds act. in diplomatic law, consular spouses from polygamous countries are sometimes exempt from a general prohibition on polygamy in host countries. in some such countries, only one spouse of a polygamous diplomat may be accredited, however. = = = by country and region = = = australia : illegal. up to five years'imprisonment.
aiding and abetting is a legal doctrine related to the guilt of someone who aids or abets ( encourages, incites ) another person in the commission of a crime ( or in another's suicide ). it exists in a number of different countries and generally allows a court to pronounce someone guilty for aiding and abetting in a crime even if he or she is not the principal offender. the words aiding, abetting and accessory are closely used but have differences. while aiding means providing support or assistance to someone, abetting means encouraging someone else to commit a crime. accessory is someone who in fact assists " commission of a crime committed primarily by someone else ". however, some jurisdictions have merged being an accessory before the fact with aiding and abetting. = = canada = = in canada, a person who aids or abets in the commission of a crime is treated the same as a principal offender under the criminal law. section 21 ( 1 ) of the criminal code provides that : every one is a party to an offence who ( a ) actually commits it ; ( b ) does or omits to do anything for the purpose of aiding any person to commit it ; or ( c ) abets any person in committing it. to show that an accused aided or abetted in the commission of a crime, the crown does not need to prove the guilt of a specific principal offender. the crown must show something more than mere presence to prove the act of aiding or abetting. presence in the commission of a crime might be evidence of aiding and abetting if the accused had prior knowledge of the crime, or if the accused had legal duty or control over the principal offender. for example, the owner of a car who lets another person drive dangerously without taking steps to prevent it may be guilty because of their control over the driver's use of the vehicle. further, the crown must show that the accused had prior knowledge that " an offence of the type committed was planned ", but it is not necessary that the accused desired the result or had the motive of assisting the crime. intention to assist the crime is sufficient. = = united states = = = = = criminal = = = aiding and abetting is an additional provision in united states criminal law, for situations where it cannot be shown the 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
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. = = united kingdom = = = = = england and wales = = = the accessories and abettors act 1861 provides that an accessory to an indictable offence shall be treated in the same way as if he had actually committed the offence himself. section 8 of the act, as amended, reads : whosoever shall aid, abet, counsel, or procure the commission of any indictable offence, whether the same be an offence at common law or by virtue of any act passed or to be passed, shall be liable to be tried, indicted, and punished as a principal offender. ( section 10 states that the act does not apply to scotland. ) section 44 ( 1 ) of the magistrates'courts act 1980 makes similar provision for summary offences. it says : a person who aids, abets, counsels or procures the commission by another person of a summary offence shall be guilty of the like offence and may be tried ( whether or not he is charged as a principal ) either by a court having jurisdiction to try that other person or by a court having by virtue of his own offence jurisdiction to try him. in the case of r v jogee, the supreme court of the united kingdom held in 2016 that an accessory can be guilty of the principal's crime only if the accessory intended to assist the principal to commit the crime while having the necessary mens rea to commit that crime. = = = = derek bentley case = = = = one of the most notorious cases of this type was the 1952 case in england involving derek bentley, a mentally challenged man who was in police custody when his sixteen - year - old companion, christopher craig, shot and killed a police constable during a botched break - in. craig was sentenced to be detained at her majesty's pleasure, since as a juvenile offender he could not be sentenced to death ( he was released after serving ten years ), but bentley was hanged despite popular protest. the incident was dramatized in the film let him have it, which is what bentley allegedly said to craig during the incident, which can be interpreted either as telling craig to shoot the policeman, or to give him the gun. the hanging of bentley led to public outrage and sparked the mp sydney silverman's campaign to abolish capital punishment in
. this caused an uproar among professional statisticians, whose criticisms were twofold : = = = the prosecutor's fallacy = = = firstly, meadow was accused of espousing the so - called prosecutor's fallacy in which the probability of " cause given effect " ( i. e. the true likelihood of a suspect's innocence ) is confused with that of " effect given cause " ( the likelihood that innocence will result in the observed double - cot - death ). in reality, these quantities can only be equated when the likelihood of the alternative hypothesis, in this case murder, is close to certainty. since murder ( and especially double murder ) is itself a rare event, the probability of clark's innocence was certainly far greater than meadow's figure suggested. an equivalent error is to accuse anybody who wins a lottery of fraud. = = = statistical independence = = = the second criticism was that meadow's calculation had assumed that cot deaths within a single family were statistically independent events, governed by a probability common to the entire affluent non - smoking population. no account had been taken of conditions specific to individual families ( such as a hypothesised " cot death gene " ) which might make some more vulnerable than others. the occurrence of one cot - death makes it likely that such conditions exist, and the probability of subsequent deaths is therefore greater than the group average ( estimates are mostly in the region of 1 : 100 ). combining these corrections with estimates of successive murder probabilities by affluent non - smokers, mathematics professor ray hill found that the probability of clark's guilt could be as low as 10 % ( based solely on the fact of two unexplained child deaths, and before any other evidence was considered ). in any case, a legal verdict is not to be rendered on the basis of statistics ; hill wrote, " guilt must be proved on the basis of forensic and other evidence and not on the basis of these statistics alone. my own personal view that she is innocent is based on my subjective assessment of all the aspects ". = = see also = = kathleen folbigg sally clark carol matthey = = references = =
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
Answer:
|
not guilty, because his encouragement and assistance were not the legal cause of the crime.
| 0.3 |
Darlene was arrested on a murder charge. She was given Miranda warnings and refused to talk further with the police. At trial, she testified in her own defense. She recounted in some detail her whereabouts on the day of the crime and explained why she could not have committed the crime. On cross-examination and over defense objection, the prosecution emphasized the fact that she did not tell the police this story following her arrest. The prosecution thereby suggested that her testimony was false. Darlene was convicted. On appeal, she claims error in the prosecutor's cross-examination. Her conviction will most probably be
0. affirmed, because Darlene's silence at time of arrest is tantamount to a prior inconsistent statement, giving rise to an inference that the story was fabricated.
1. affirmed, because Darlene's silence was not used as direct evidence but only for impeachment, a purpose consistent with legitimate cross-examination.
2. reversed, because post-arrest silence constituted Darlene's exercise of her Miranda rights and use of that silence against her at trial violated due process.
3. reversed, because to require the defense to acquaint the prosecution with Darlene's testimony prior to trial would constitute unconstitutional pretrial discover
the police told him, " we had no choice but to investigate. " = = = another cases = = = a female private tutor was sentenced to 10 years in prison in the first trial in 2018 for raping two male students between 2016 - 2017, but she was later acquitted on appeal after it was revealed that the male students had made false accusations. in april 2024, there was an incident where a mixed - race korean - japanese youtuber was falsely accused of sexual crime by a south korean cosplayer. the youtuber said that the cosplayer also asked him for 80 million won. the youtuber was only able to be cleared of charges after a police investigation concluded that he doesn't have allegation. = = police handling of rape reports = = surveys of police and prosecutors find that many in law enforcement consistently over - estimate the prevalence of false accusations, leading to what some researchers have characterized as a culture of skepticism toward accusers in sexual assault cases. in 2018, lesley mcmillan analysed police perception of likelihood of false reporting of rape. she concluded that although police anticipated 5 % to 95 % of claims were likely to be false, no more than 3 - 4 % could have been fabricated. = = possible effects of media representation = = there are studies about the extent which the media affects the public perception of false rape accusations. incorrect assumptions about false rape allegations increases the likelihood that a person who reports rape will be blamed or disbelieved. megan sacks in deviant behavior says that the media perpetuates rape myths when reporting on sexual assaults. rapes that are reported in news media are typically sensational and do not often correspond with the reality of most rapes. for example, the majority of sexual assaults are committed by someone the person knows as opposed to a stranger. sacks says, the media also normalizes sexual violence in general, often blames the person who reported the assault, and commonly expresses sympathy for the alleged perpetrators instead of the victim. laura niemi, a postdoctoral psychology associate at harvard university, speculated that mythologizing of rape could contribute to the idea that " no normal person " could rape. as a result, the people commonly had a difficult time believing someone they know or like is a rapist, and this could contribute to the idea that the person who reported the rape is at fault. in the european journal of psychology applied to legal context, andre de zutter and a team described how false rape allegations often resemble stories of rape portrayed in the media, which are not typical
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
##7801210387749. pmid 21164211. s2cid 31206244. gilmore, leigh ( 2018 - 08 - 04 ). tainted witness : why we doubt what women say about their lives. columbia university press. isbn 9780231177153. lisak, david ; gardinier, lori ; nicksa, sarah c. ; cote, ashley m. ( 2010 ). " false allegations of sexual assualt [ sic ] : an analysis of ten years of reported cases ". violence against women. 16 ( 12 ) : 1318 β 34. doi : 10. 1177 / 1077801210387747. pmid 21164210. s2cid 15377916. miller, t. christian ( 2018 ). a false report : a true story of rape in america. crown publishers. isbn 978 - 1524759933. = = external links = = dr. carol tavris'presentation at tam 2014 who's lying, who's self - justifying? origins of the he said / she said gap in sexual allegations ( online video )
= = a 2006 paper by philip n. s. rumney in the cambridge law journal offers a review of studies of false reporting in the us, new zealand and the uk. rumney draws two conclusions from his review of literature : the police continue to misapply the " no - crime " or " unfounded " criteria. studies by kelly et al. ( 2005 ), lea et al. ( 2003 ), hmcpsi / hmic ( 2002 ), harris and grace ( 1999 ), smith ( 1989 ), and others found that police decisions to apply the label " no - crime " were frequently dubious and based entirely on the officer's personal judgment. rumney notes that some officers seem to " have fixed views and expectations about how genuine rape victims should react to their victimization ". he adds that " qualitative research also suggests that some officers continue to exhibit an unjustified scepticism of rape complainants, while others interpret such things as lack of evidence or complaint withdrawal as'proof'of a false allegation ". it is impossible to " discern with any degree of certainty the actual rate of false allegations " because many of the studies of false allegations have adopted unreliable or untested research methodologies. he argues, for instance, that in addition to their small sample size, the studies by maclean ( 1979 ) and stewart ( 1981 ) used questionable criteria to judge an allegation to be false. maclean deemed reports " false " if, for instance, the victim did not appear " dishevelled " and stewart, in one instance, considered a case disproved, stating that " it was totally impossible to have removed her extremely tight undergarments from her extremely large body against her will ". = = = = criticism = = = = american psychologist david lisak criticized the collection of studies used in rumney's 2006 paper, which estimated the rate of false allegations as between 1. 5 and 90 %. lisak stated that upon investigation many of the statistics are misleading and " when the sources of these estimates are examined carefully it is clear that only a fraction of the reports represent credible studies and that these credible studies indicate far less variability in false reporting rates. " lisak points out that even in the original paper, rumney concludes that many of the studies have inadequacies and should not be used to estimate the frequency of false rape reports. = = = police in victoria, australia ( 2006 ) = = = a study of 850 rape accusations made to police in
of america sent out numerous dmca takedown notices, and there was a massive internet backlash triggered by the perceived impact of such notices on fair use and free speech. = = = forced disclosure of encryption keys = = = in the united kingdom, the regulation of investigatory powers act gives uk police the powers to force suspects to decrypt files or hand over passwords that protect encryption keys. failure to comply is an offense in its own right, punishable on conviction by a two - year jail sentence or up to five years in cases involving national security. successful prosecutions have occurred under the act ; the first, in 2009, resulted in a term of 13 months'imprisonment. similar forced disclosure laws in australia, finland, france, and india compel individual suspects under investigation to hand over encryption keys or passwords during a criminal investigation. in the united states, the federal criminal case of united states v. fricosu addressed whether a search warrant can compel a person to reveal an encryption passphrase or password. the electronic frontier foundation ( eff ) argued that this is a violation of the protection from self - incrimination given by the fifth amendment. in 2012, the court ruled that under the all writs act, the defendant was required to produce an unencrypted hard drive for the court. in many jurisdictions, the legal status of forced disclosure remains unclear. the 2016 fbi β apple encryption dispute concerns the ability of courts in the united states to compel manufacturers'assistance in unlocking cell phones whose contents are cryptographically protected. as a potential counter - measure to forced disclosure some cryptographic software supports plausible deniability, where the encrypted data is indistinguishable from unused random data ( for example such as that of a drive which has been securely wiped ). = = see also = = collision attack comparison of cryptography libraries cryptovirology β securing and encrypting virology crypto wars β attempts to limit access to strong cryptography encyclopedia of cryptography and security β book by technische universiteit eindhoven global surveillance β mass surveillance across national borders indistinguishability obfuscation β type of cryptographic software obfuscation information theory β scientific study of digital information outline of cryptography list of cryptographers β a list of historical mathmaticians list of multiple discoveries list of unsolved problems in computer science β list of unsolved computational problems pre - shared key β method to set encryption keys secure cryptoproces
Answer:
|
reversed, because post-arrest silence constituted Darlene's exercise of her Miranda rights and use of that silence against her at trial violated due process.
| null |
Darlene was arrested on a murder charge. She was given Miranda warnings and refused to talk further with the police. At trial, she testified in her own defense. She recounted in some detail her whereabouts on the day of the crime and explained why she could not have committed the crime. On cross-examination and over defense objection, the prosecution emphasized the fact that she did not tell the police this story following her arrest. The prosecution thereby suggested that her testimony was false. Darlene was convicted. On appeal, she claims error in the prosecutor's cross-examination. Her conviction will most probably be
0. affirmed, because Darlene's silence at time of arrest is tantamount to a prior inconsistent statement, giving rise to an inference that the story was fabricated.
1. affirmed, because Darlene's silence was not used as direct evidence but only for impeachment, a purpose consistent with legitimate cross-examination.
2. reversed, because post-arrest silence constituted Darlene's exercise of her Miranda rights and use of that silence against her at trial violated due process.
3. reversed, because to require the defense to acquaint the prosecution with Darlene's testimony prior to trial would constitute unconstitutional pretrial discover
the police told him, " we had no choice but to investigate. " = = = another cases = = = a female private tutor was sentenced to 10 years in prison in the first trial in 2018 for raping two male students between 2016 - 2017, but she was later acquitted on appeal after it was revealed that the male students had made false accusations. in april 2024, there was an incident where a mixed - race korean - japanese youtuber was falsely accused of sexual crime by a south korean cosplayer. the youtuber said that the cosplayer also asked him for 80 million won. the youtuber was only able to be cleared of charges after a police investigation concluded that he doesn't have allegation. = = police handling of rape reports = = surveys of police and prosecutors find that many in law enforcement consistently over - estimate the prevalence of false accusations, leading to what some researchers have characterized as a culture of skepticism toward accusers in sexual assault cases. in 2018, lesley mcmillan analysed police perception of likelihood of false reporting of rape. she concluded that although police anticipated 5 % to 95 % of claims were likely to be false, no more than 3 - 4 % could have been fabricated. = = possible effects of media representation = = there are studies about the extent which the media affects the public perception of false rape accusations. incorrect assumptions about false rape allegations increases the likelihood that a person who reports rape will be blamed or disbelieved. megan sacks in deviant behavior says that the media perpetuates rape myths when reporting on sexual assaults. rapes that are reported in news media are typically sensational and do not often correspond with the reality of most rapes. for example, the majority of sexual assaults are committed by someone the person knows as opposed to a stranger. sacks says, the media also normalizes sexual violence in general, often blames the person who reported the assault, and commonly expresses sympathy for the alleged perpetrators instead of the victim. laura niemi, a postdoctoral psychology associate at harvard university, speculated that mythologizing of rape could contribute to the idea that " no normal person " could rape. as a result, the people commonly had a difficult time believing someone they know or like is a rapist, and this could contribute to the idea that the person who reported the rape is at fault. in the european journal of psychology applied to legal context, andre de zutter and a team described how false rape allegations often resemble stories of rape portrayed in the media, which are not typical
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
##7801210387749. pmid 21164211. s2cid 31206244. gilmore, leigh ( 2018 - 08 - 04 ). tainted witness : why we doubt what women say about their lives. columbia university press. isbn 9780231177153. lisak, david ; gardinier, lori ; nicksa, sarah c. ; cote, ashley m. ( 2010 ). " false allegations of sexual assualt [ sic ] : an analysis of ten years of reported cases ". violence against women. 16 ( 12 ) : 1318 β 34. doi : 10. 1177 / 1077801210387747. pmid 21164210. s2cid 15377916. miller, t. christian ( 2018 ). a false report : a true story of rape in america. crown publishers. isbn 978 - 1524759933. = = external links = = dr. carol tavris'presentation at tam 2014 who's lying, who's self - justifying? origins of the he said / she said gap in sexual allegations ( online video )
= = a 2006 paper by philip n. s. rumney in the cambridge law journal offers a review of studies of false reporting in the us, new zealand and the uk. rumney draws two conclusions from his review of literature : the police continue to misapply the " no - crime " or " unfounded " criteria. studies by kelly et al. ( 2005 ), lea et al. ( 2003 ), hmcpsi / hmic ( 2002 ), harris and grace ( 1999 ), smith ( 1989 ), and others found that police decisions to apply the label " no - crime " were frequently dubious and based entirely on the officer's personal judgment. rumney notes that some officers seem to " have fixed views and expectations about how genuine rape victims should react to their victimization ". he adds that " qualitative research also suggests that some officers continue to exhibit an unjustified scepticism of rape complainants, while others interpret such things as lack of evidence or complaint withdrawal as'proof'of a false allegation ". it is impossible to " discern with any degree of certainty the actual rate of false allegations " because many of the studies of false allegations have adopted unreliable or untested research methodologies. he argues, for instance, that in addition to their small sample size, the studies by maclean ( 1979 ) and stewart ( 1981 ) used questionable criteria to judge an allegation to be false. maclean deemed reports " false " if, for instance, the victim did not appear " dishevelled " and stewart, in one instance, considered a case disproved, stating that " it was totally impossible to have removed her extremely tight undergarments from her extremely large body against her will ". = = = = criticism = = = = american psychologist david lisak criticized the collection of studies used in rumney's 2006 paper, which estimated the rate of false allegations as between 1. 5 and 90 %. lisak stated that upon investigation many of the statistics are misleading and " when the sources of these estimates are examined carefully it is clear that only a fraction of the reports represent credible studies and that these credible studies indicate far less variability in false reporting rates. " lisak points out that even in the original paper, rumney concludes that many of the studies have inadequacies and should not be used to estimate the frequency of false rape reports. = = = police in victoria, australia ( 2006 ) = = = a study of 850 rape accusations made to police in
of america sent out numerous dmca takedown notices, and there was a massive internet backlash triggered by the perceived impact of such notices on fair use and free speech. = = = forced disclosure of encryption keys = = = in the united kingdom, the regulation of investigatory powers act gives uk police the powers to force suspects to decrypt files or hand over passwords that protect encryption keys. failure to comply is an offense in its own right, punishable on conviction by a two - year jail sentence or up to five years in cases involving national security. successful prosecutions have occurred under the act ; the first, in 2009, resulted in a term of 13 months'imprisonment. similar forced disclosure laws in australia, finland, france, and india compel individual suspects under investigation to hand over encryption keys or passwords during a criminal investigation. in the united states, the federal criminal case of united states v. fricosu addressed whether a search warrant can compel a person to reveal an encryption passphrase or password. the electronic frontier foundation ( eff ) argued that this is a violation of the protection from self - incrimination given by the fifth amendment. in 2012, the court ruled that under the all writs act, the defendant was required to produce an unencrypted hard drive for the court. in many jurisdictions, the legal status of forced disclosure remains unclear. the 2016 fbi β apple encryption dispute concerns the ability of courts in the united states to compel manufacturers'assistance in unlocking cell phones whose contents are cryptographically protected. as a potential counter - measure to forced disclosure some cryptographic software supports plausible deniability, where the encrypted data is indistinguishable from unused random data ( for example such as that of a drive which has been securely wiped ). = = see also = = collision attack comparison of cryptography libraries cryptovirology β securing and encrypting virology crypto wars β attempts to limit access to strong cryptography encyclopedia of cryptography and security β book by technische universiteit eindhoven global surveillance β mass surveillance across national borders indistinguishability obfuscation β type of cryptographic software obfuscation information theory β scientific study of digital information outline of cryptography list of cryptographers β a list of historical mathmaticians list of multiple discoveries list of unsolved problems in computer science β list of unsolved computational problems pre - shared key β method to set encryption keys secure cryptoproces
Answer:
|
reversed, because to require the defense to acquaint the prosecution with Darlene's testimony prior to trial would constitute unconstitutional pretrial discover
| 0.3 |
Alice was held up at the point of a gun, an unusual revolver with a red-painted barrel, while she was clerking in a neighborhood grocery store. Dennis is charged with armed robbery of Alice. The prosecutor calls Winthrop to testify that, a week after the robbery of Alice, he was robbed by Dennis with a pistol that had red paint on the barrel. Winthrop's testimony is
0. admissible as establishing an identifying circumstance.
1. admissible as showing that Dennis was willing to commit robbery.
2. inadmissible, because it is improper character evidence.
3. inadmissible, because its probative value is substantially outweighed by the danger of unfair prejudic
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
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.
an expensive process and inconsistent and unpredictable results. courts and scholars have recently developed market - based approaches to try to make this analysis simpler, more consistent across cases, and more predictable. = = = badges of fraud = = = evidence of actual intent is rarely available to a creditor for it would require proof of someone β s inner thoughts. because of that, creditors often have to rely on circumstantial evidence of fraud. to prove actual intent, the courts have developed " badges of fraud ", which, while not conclusive, are considered by the courts as circumstantial evidence of fraud : becoming insolvent because of the transfer ; lack or inadequacy of consideration ; family or insider relationship among parties ; the retention of possession, benefits or use of property in question ; the existence of the threat of litigation ; the financial situation of the debtor at the time of transfer or after transfer ; the existence or a cumulative effect of a series of transactions after the onset of debtor β s financial difficulties ; the general chronology of events ; secrecy of the transaction in question ; and deviation from the usual method or course of business. = = individual jurisdictions = = = = = australia = = = under australian law, if a transaction is entered into by a company which subsequently goes into liquidation, and the transaction was entered into by the company for the purpose of defeating, delaying or interfering with the rights of creditors during the 10 years prior to the relation back day, the courts may set it aside. the relation - back day is defined as either the day upon which the application for the company's winding - up was filed, or the date of the commencement of liquidation. = = = canada = = = canadian provinces have jurisdiction over property and civil rights, which includes conveyances of property. many provinces have statutes prohibiting fraudulent conveyances. they also prohibit the granting of fraudulent preferences, which purport to give certain creditors priority over other creditors in bankruptcy. however, bona fide purchasers for value without notice are generally not liable for the actions of the fraudulent conveyer. = = = united kingdom = = = fraudulent conveyances act 1571 ( repealed by the law of property act 1925 ) insolvency act 1986 section 423 = = = united states = = = in anglo - american law, the doctrine of fraudulent conveyance traces its origins back to twyne's case, in which an english farmer attempted to defraud his creditors by selling his sheep to a man named twyne, while remaining
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 β 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 β and of other courtroom effects, such as perry mason syndrome and white coat syndrome β 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
##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 β based only on the fact that his blood type matches that of the killer β 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:
|
admissible as establishing an identifying circumstance.
| null |
Alice was held up at the point of a gun, an unusual revolver with a red-painted barrel, while she was clerking in a neighborhood grocery store. Dennis is charged with armed robbery of Alice. The prosecutor calls Winthrop to testify that, a week after the robbery of Alice, he was robbed by Dennis with a pistol that had red paint on the barrel. Winthrop's testimony is
0. admissible as establishing an identifying circumstance.
1. admissible as showing that Dennis was willing to commit robbery.
2. inadmissible, because it is improper character evidence.
3. inadmissible, because its probative value is substantially outweighed by the danger of unfair prejudic
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
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.
an expensive process and inconsistent and unpredictable results. courts and scholars have recently developed market - based approaches to try to make this analysis simpler, more consistent across cases, and more predictable. = = = badges of fraud = = = evidence of actual intent is rarely available to a creditor for it would require proof of someone β s inner thoughts. because of that, creditors often have to rely on circumstantial evidence of fraud. to prove actual intent, the courts have developed " badges of fraud ", which, while not conclusive, are considered by the courts as circumstantial evidence of fraud : becoming insolvent because of the transfer ; lack or inadequacy of consideration ; family or insider relationship among parties ; the retention of possession, benefits or use of property in question ; the existence of the threat of litigation ; the financial situation of the debtor at the time of transfer or after transfer ; the existence or a cumulative effect of a series of transactions after the onset of debtor β s financial difficulties ; the general chronology of events ; secrecy of the transaction in question ; and deviation from the usual method or course of business. = = individual jurisdictions = = = = = australia = = = under australian law, if a transaction is entered into by a company which subsequently goes into liquidation, and the transaction was entered into by the company for the purpose of defeating, delaying or interfering with the rights of creditors during the 10 years prior to the relation back day, the courts may set it aside. the relation - back day is defined as either the day upon which the application for the company's winding - up was filed, or the date of the commencement of liquidation. = = = canada = = = canadian provinces have jurisdiction over property and civil rights, which includes conveyances of property. many provinces have statutes prohibiting fraudulent conveyances. they also prohibit the granting of fraudulent preferences, which purport to give certain creditors priority over other creditors in bankruptcy. however, bona fide purchasers for value without notice are generally not liable for the actions of the fraudulent conveyer. = = = united kingdom = = = fraudulent conveyances act 1571 ( repealed by the law of property act 1925 ) insolvency act 1986 section 423 = = = united states = = = in anglo - american law, the doctrine of fraudulent conveyance traces its origins back to twyne's case, in which an english farmer attempted to defraud his creditors by selling his sheep to a man named twyne, while remaining
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 β 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 β and of other courtroom effects, such as perry mason syndrome and white coat syndrome β 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
##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 β based only on the fact that his blood type matches that of the killer β 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:
|
inadmissible, because it is improper character evidence.
| 0.3 |
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