The controversy surrounding the Affordable Care Act is an example of the friction inherent in federalism.
What is federalism?
Federalism is a combination and compound form of governance that divides the authorities between a general administration (the central or "federal") and regional governments (provincial, state, cantonal, territorial, or other sub-unit governments) within a single political system. In the unions of states under the Old Swiss Confederacy, federalism as it is known now was first practiced. Federalism is distinct from both devolution within a unitary state, in which the regional level of government is subservient to the general level, and confederalism, in which the general level of government is subordinate to the regional level.
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A plaintiff was severely injured when her car collided with the defendant's truck on a highway in State A. The plaintiff was a citizen of State B and the defendant was a citizen of State A. The defendant had no contacts with State B. The plaintiff filed suit in federal district court in State B under diversity jurisdiction, asserting a state law claim for damages resulting from the defendant's alleged negligence. The defendant filed an answer, specifically denying each of the plaintiff's claims. Three months later, after discovery concluded and just before trial, the defendant filed a motion to dismiss the action for lack of personal jurisdiction.Should the court dismiss the action for lack of personal jurisdiction over the defendant?
A
No, because dismissal would prejudice the plaintiff, since discovery has already occurred in the case.
B
No, because the defendant has waived the objection to the court's jurisdiction.
C
Yes, because the defendant had no contacts with State B.
D
Yes, because the court may dismiss an action for lack of personal jurisdiction at any time prior to final judgment.
The correct answer is (D) Yes, because the court may dismiss an action for lack of personal jurisdiction at any time prior to final judgment.
Even if the defendant previously answered the complaint without raising the question of personal jurisdiction, they can bring it again in a petition to dismiss. The defendant may object to personal jurisdiction in a timely manner by putting it in their initial reply pleading or by filing a separate move to dismiss for lack of personal jurisdiction.
As a result, the court has the authority to dismiss the action for lack of personal jurisdiction over the defendant, even if it occurs shortly before trial and after discovery, because lack of personal jurisdiction is a fundamental issue that affects the court's ability to exercise jurisdiction over the defendant.
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amendments to the constitution must be ratified by what fraction of congress___
Amendments to the constitution must be ratified by at least two-third vote of both the houses.
Amendment is a addition or alteration made to a law, constitution, statute through legislative bills and resolutions passed in both the houses of the senate. The government frames the laws and reforms which has to be brought in the houses which has to be passed with not less than two-third majority to be enacted otherwise the law becomes null and void and is disposed off. The first ever bill of rights was ratified by the congress in 1791. Till date the congress ratified 27 amendments in total.
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Paco Corp, a building contractor, offered to sell Roy several pieces of used construction equipment. Roy, engaged in the business of buying and selling equipment, accepted the offer. Paco's written offer had been prepared by a secretary who typed the total price as $10,900, rather than $109,000, which was the approximate fair market value of the equipment. Paco learned of the error in the offer and refused delivery of the equipment unless Roy agreed to pay $109,000. Roy sued Paco for beach of contract. Which of the following scenarios is the likely outcome?
In the situation that has been shown above, it may be stated that the Paco will be able to rescind the contract, because Roy should have known about the erroneous price of the product, is the most likely outcome. Therefore, the option A holds true.
When the contract has essentials that are completely erroneous, then the party to the contract has the option to rescind or abstain from fulfilling the contents of the contract, as the contract becomes voidable at the end of the discretion of the party related thereto.
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Complete question
Paco Corp., a building contractor, offered to sell Roy several pieces of used construction equipment. Roy, engaged in the business of buying and selling equipment, accepted the offer. Paco's written offer had been prepared by a secretary who typed the total price as $10,900, rather than $109,000, which was the approximate fair market value of the equipment. Paco learned of the error in the offer and refused delivery of the equipment unless Roy agreed to pay $109,000. Roy has sued Paco for breach of contract. Which of the following scenarios is the likely outcome?
Paco will be able to rescind the contract because Roy should have known that the price was erroneous.
Paco will not be liable because there has been a mutual mistake of fact.
why does the constitution give implied powers to congress?
The "elastic" or implied powers clause enables Congress to enact laws that it deems "necessary and suitable" for the accomplishment of its listed duties.
This crucial clause serves as the foundation for numerous congressional authorities that have developed throughout time. Implied refers to something that is implied or inferred but is not expressly expressed. It has been argued that Congress has implied powers that aren't expressly specified, citing the constitutional provision that grants it the authority to pass any laws that are "necessary and appropriate."
The ability to create an army, declare war, and create money are a few instances of enumerated powers. The federal minimum wage is an example of an inferred power because the Constitution doesn't explicitly provide Congress that authority.
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which laws did the us citizens follow ?
In the United States, citizens are expected to follow federal, state, and local laws.
What is the US Laws about?Federal laws are enacted by the U.S. Congress and apply to all citizens throughout the country. Some examples of federal laws include the Constitution, which is the supreme law of the land and establishes the framework of the federal government; the Civil Rights Act, which prohibits discrimination based on race, color, religion, sex, or national origin; and the tax code, which governs how taxes are collected and distributed.
State laws, on the other hand, vary from state to state and cover a range of issues such as criminal law, family law, and business law. For example, each state has its own driving laws, which dictate how drivers must behave on the road, and each state has its own criminal code, which defines crimes and punishments.
Local laws, such as city or county ordinances, are enacted by local governments and govern issues specific to a particular community, such as land use, traffic, and noise regulations.
Conclusively, It's important to note that when there is a conflict between federal, state, and local laws, federal law takes precedence.
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Under the Articles, the national government included a way to make, enforce and interpret laws.a. trueb. false
Which of the following is a disadvantage for a
private investigator of having an attorney as a
client?
M1 Analyse the
relationship between
ethics and the law in
terms of their relevance
to own professional
responsibilities as a
health or care
practitioner
Law and ethics in medicine both rest on the principles of self-determination, beneficence, and a concept of justice to be provided to all patients by both medical professionals and society.
Why do healthcare professionals in their line of work have a legal and ethical responsibility?Healthcare professionals have a legal and ethical responsibility to safeguard the individuals they look after. Patients suffer if these obligations are neglected. Healthcare practitioners could potentially face consequences for similar behaviours. Doing what is right for the patient is an example of ethical behaviour or obligation. Practitioners are obligated to abide by the codes of ethics for many healthcare professions.
Thus there is a close relationship between laws and ethics in healthcare workers to protect the patients and prevent the dismantling of the system.
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why did the scopes trial take place? what was the controvery in the case? why was the case so important to both sides
Journalist H. L. Mencken dubbed the 1925 prosecution of high school teacher John T. Scopes for breaking the Tennessee Butler Act, which forbade the teaching of evolution in public institutions.
The case was prosecuted as the "Scopes monkey trial." A plaintiff who has been wounded is one of the crucial components of what the Court views as a case or controversy.
A crucial criterion of the Court's definition of standing is that a plaintiff must demonstrate that they have actually experienced "injury." Listening to the accuser as well as the one who made the accusation is known as hearing both sides.
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alex was on a coast-to-coast trip by automobile. while passing through ohio, alex had a flat tire. it was fixed by sam's turnpike service station, and later, while alex was driving through indiana, the tire came off and alex was injured. alex was hospitalized in indiana, so he sued sam in indiana for the injuries. what rules of substantive law will the indiana court use to determine if sam is at fault? explain.
If Sam is at fault, the Indiana court will use the conflicts of law principles to decide. Due to Sam's negligence, this would be a tort action, hence Indiana law would be used under a conflict of laws principles.
What was the conflict of laws principles?
Conflict of laws refers to a discrepancy between the laws that apply to a dispute from two or more different jurisdictions. The law that is chosen to address the conflict will determine the case's outcome. There may be a conflict between the laws of various nations, federal and state laws, or even laws within a single state.
Which law should be applied to resolve the case when there are competing laws is the main issue that arises. When selecting the legal standard to use in a case, courts follow a certain procedure. This procedure is referred to as characterization or classification in the legal community.
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what is the act of erasing or permanently destroying records called?
"Purging" is the process of permanently removing or eliminating documents. "Securely erasing" or "shredding" the records It guarantees that the data is unrecoverable and inaccessible to "destruction"
Making something utterly useless by physical or irreversible ways is known as destruction. The removal of data or records permanently from a system, storage device, or physical medium is often referred to as destruction in the context of records and data management. Destruction may be required to safeguard private or secret information, adhere to legal or regulatory obligations, or just to clear off storage space. The employment of specialised software or hardware that may overwrite, delete, or physically destroy the data is a common component of proper destruction techniques. Maintaining a transparent audit trail and ensuring accountability requires careful documenting and tracking of destruction
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how much did bp pay for deepwater horizon oil spill?
In order to resolve civil damages claims brought by the United States as a result of the Deepwater Horizon oil disaster, BP has been ordered to pay $5.5 billion. The sum will be paid over a period of sixteen years.
In spite of objections from Congress and a sizable coalition of environmental organizations, the final agreement will permit BP to write off the majority of the expenses as regular business expenses.
Lukas Ross, a campaigner with Friends of the Earth on climate and energy, said: "We are horrified to see that BP's egregious carelessness continues to enjoy government subsidies. It is absurd to consider the worst oil disaster in American history to be a routine and essential business expense.
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what cases fall under exclusive federal jurisdiction and therefore must be heard in a federal district court?
Cases related to Federal crimes, Bankruptcy, Patents, Copyrights, Trademarks, Securities and Banking, Suits between States, suits between foreign ambassadors and high-ranking public officials, falls under the exclusive federal jurisdiction.
In addition to the above-mentioned types of cases the federal courts also have the power or jurisdiction to those cases which arise from the act of congress such as environmental cases, labor and civil rights cases.
All the above-mentioned cases fall under the exclusive federal jurisdiction and therefore must be heard in a federal district court. The federal district court derives its powers from Article III of the US Constitution.
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how did european labor systems differ from chinese labor systems
The European labor systems were more focused on feudalism and capitalist wage labor, while the Chinese labor systems were more focused on corvée labor and indentured labor.
The European labor systems and the Chinese labor systems had significant differences, as explained below.
European Labor Systems:
Chinese Labor Systems:
Chinese labor systems were predominantly based on the corvée labor system, where peasants were required to provide labor services to the state or to landlords for a certain number of days each year.The Chinese labor systems also included the use of indentured labor, where individuals were contracted to work for a specified period of time in exchange for payment of debts or for transportation to a new country.Learn more about Chinese labor systems brainly.com/question/11369715
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what kinds of changes would be expected in the demand of a country that has a growing population?
A country with a growing population would likely experience changes in demand, such as an increase in the need for housing.
Current demand will increase if a price decrease is anticipated. Current demand will decrease if a price increase is anticipated. The current world population of 8 billion people is projected to rise to 9.7 billion in 2050 and reach a peak of nearly 10.4 billion in the middle of the twenty-first century, an increase of nearly 2 billion people.
In a given country, territory, or geographic area at a given year, the difference between births less deaths and the difference between immigrants and emigrants is what is used to calculate the annual increase in population size. measurement technique.
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how long after certifying for unemployment will i get paid california?
Most qualified workers receive payment for their unemployment benefits after at least three weeks of processing their claim.
You'll get a debit card in the mail when your first benefit payment becomes available. You can track, use, and transfer your benefit payments once the card has been activated. You should maintain your card until it expires because it is utilized for all EDD benefit programs and is good for three years from the day it is issued.
You will get your benefit payments on that debit card if you have previously received Unemployment Insurance, Disability Insurance, or Paid Family Leave benefits there. Once funds are available, a replacement card will be automatically delivered to you if your old one has expired.
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which international conference led to an agreement limiting the number of ships of each of the great powers? A)yalta conference B)kellogg-briand pact C)paris peace conference D)washington naval conference
According to the choices of alternatives provided above, it may be stated that the Washington Naval Conference was an event that led to an agreement that limited the number of ships on each of the great powers. Therefore, the option D holds true.
The Washington Naval Conference is the most significant event to have taken place in the American history. By the virtue of this significant event, an agreement was being proposed to be developed between the great powers across the world to have a limitation on the number of ships that they can possess.
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What feature of Judaism is different from the religions of ancient Greece and Rome?
One major feature of Judaism that is different from the religions of ancient Greece and Rome is its monotheistic belief in one God.
In contrast, the ancient Greek and Roman religions were polytheistic, meaning that they believed in many gods and goddesses.
Judaism also places a strong emphasis on ethical behavior and the importance of following God's laws, as outlined in the Torah and other sacred texts.
While the ancient Greeks and Romans had ethical systems and codes of conduct, they were not necessarily tied to religious beliefs or practices in the same way that Judaism emphasizes.
Additionally, Judaism has a strong emphasis on the importance of community and social justice, with traditions like the obligation to give to charity and the concept of Tikkun Olam (repairing the world).
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Laws are made to protect the public as a whole from the harmful acts of others
a)criminal
b)civil
c)international
d)military
Criminal laws are made to protect the public as a whole from the harmful acts of others.
What are Criminal laws?
Criminal law is the body of legislation that establishes criminal offenses, governs the detention, accusation, and trial of suspects, and establishes the fines and forms of retribution for those found guilty.
Criminal law is just one of the tools used by organized societies to safeguard individuals' rights and guarantee the survival of the group. In addition, there are the moral principles taught by families, schools, and religion; workplace and factory rules; laws of civil life enforced by regular police powers; and the penalties accessible through tort claims.
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what kind of cause is it when the act is foreseeable and defendant will be held responsible for damages
The proximate cause is the kind of cause that exists when the act is foreseeable as well as the defendant is to be held as responsible for the damages caused to the plaintiff or the complainant.
The act wherein the defendant is held as being the under responsibility or liability to pay for the damages caused to the plaintiff, or his property, then the cause is to be held under the foreseeability and proximate cause. The verdict will always be made against the defendant in the cases related hereunder.
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How many Supreme Court justices are Republican?
What law supervises the legal product of cigarettes in the country?
The tobacco regulation Act supervises the legal product of cigarettes in the country.
What is the Tobacco regulation Act?
Republic Act No. 9211, often referred to as the Tobacco Regulation Act of 2003, is an all-encompassing regulation that controls, among other things, smoking in public places, tobacco advertising, promotion, and sponsorship, and sales limitations. The Tobacco Regulation Act of 2003's Implementing Rules and Regulations were published by the Inter-Agency Tobacco Committee. The Implementing Rules and Regulations of the Committee are thorough and address a wide variety of tobacco control issues. The Consumer Act of the Philippines (Rep. Act No. 7394) handles false, deceptive, or misleading advertising generally in addition to the restrictions on advertising, promotion, and sponsorship in Rep. Act No. 9211 and the Implementing Rules and Regulations.
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which concept argues that true and free political discourse requires a forum for free and unrestrained political discussion?
Theory of "Marketplace of Ideas" argues that true and free political discourse requires a forum for free and unrestrained political discussion.
Marketplace of Ideas can be referred to as freedom of expression where every person is free to express his views and every view or expression of idea is valuable for coming up with a conclusion or judgment.
Freedom of expression is the most right of an individual. Here, the expressions of people lead to the finding of the truth by society. To find the truth it is important that the government must not interfere in this process.
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1. Pilihan ganda1 minute1 ptQ. According to the rule of law, a government leader:Pilihan jawabanHas absolute authority to make decisionsIs excluded from "We the People"Must follow the laws like everyone elseHas more rights than ordinary citizens
Option 1 is Correct. In accordance with the rule of law, a government official: Has unrestricted decision-making power.
An Absolute Monarchy and Absolutism are closely related in that the reigning person has "absolute" power and is unchallenged by any legal, electoral, or other means. In a dictatorship, the lives of the populace are completely under the authority of the ruling party.
A single individual—typically a king or queen—holds total, autocratic power in an absolute monarchy. Under absolute monarchy, the throne normally passes via a reigning family, with the succession of power being hereditary. A political notion known as "sovereignty" designates absolute power or supreme authority. In a monarchy, the "sovereign" holds absolute power.
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Correct Question:
According to the rule of law, a government leader:
1. Has absolute authority to make decisions
2. Is excluded from "We the People"
3. Must follow the laws like everyone else
4. Has more rights than ordinary citizens
Criminal law actus reus arraignment bail beyond a reasonable doubt burden of proof corporate criminal liability criminal conspiracy criminal intent cruel and unusual punishment defendant double jeopardy entrapment exclusionary rule felony indictment information miranda rule misdemeanors p.136 plea p.141 plea bargain p.142 preponderance presumption of innocence p.134 probable cause p.139 prosecutor p.136 public defender p.136 search warrant p.153 search and seizure p.153 self-incrimination p.155 specific intent p.137 speedy trial p.158 warrantless arrest p.139
A Latin term meaning "guilty act," which refers to the requirement in criminal law that the defendant must have committed a voluntary act that is prohibited by law.
Bail: A sum of money paid by the defendant or a third party to secure the defendant's release from jail before trial.
Criminal conspiracy: An agreement between two or more people to commit a crime.
Defendant: The person accused of committing a crime.
Information: A formal charge filed by a prosecutor that a person has committed a crime.
Plea: A defendant's response to a criminal charge, in which he or she admits guilt (guilty plea), denies guilt (not guilty plea), or declines to contest the charges (no contest plea)
Preponderance: A lower standard of proof than beyond a reasonable doubt, which requires the prosecutor to prove the defendant's guilt to a degree that is more likely than not.
Self-incrimination: The constitutional protection against being forced to testify against oneself.
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many jurisdictions/organizations configure their eocs using the standard______
The common ICS-organizational structure is used by many governments and organizations to set up their EOCs. Many people are familiar with the structure, and it fits with how incidents are organized on the scene.
For the purpose of managing major incidents, ICS jurisdictions establishes five functional areas: command, operations, planning, logistics, and finance/administration. The organizational structure is never greater than necessary since the Span-of-Control recommendations are strictly observed.
Only the roles and responsibilities required to complete the incident's objectives should be included in an ICS organizational structure. It is possible to merge ICS positions to save staffing costs or boost productivity. A standardized, on-scene, all-risk event management concept is the Incident Command System, or ICS.
To accommodate the complexity and requirements of a single or series of occurrences, ICS enables its users to establish an integrated organizational structure.
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What is the right to privacy and how is it protected by the Constitution?
As a result of the guarantee of life and liberty in Article 21 of the Constitution, privacy is a right that is guaranteed by the constitution.
The right to privacy in India has changed during the past 60 years as a result of various rulings. Over the years, there has been disagreement over whether the right to privacy is a fundamental right due to inconsistency from two early rulings. The evaluation and interpretation of constitutional provisions must guarantee that they are in line with the international human rights treaties that India has ratified. According to the court, privacy is a fundamental prerequisite for the meaningful exercise of other guaranteed freedoms.
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What Does the Fourth Amendment Mean?
One of the biggest challenges to airline frequent flier mile programs is the backlog of unredeemed miles. True or False
Yes, it may be stated as appropriate to mention that maintaining the backlog of unredeemed miles is among the biggest challenges for the airline's frequent flier miles programs. Therefore, the statement given is true.
The challenges of an organization are always related to the regular courses of business operations that they are engaged in. The problems arise because of the inefficiency of the management systems, as well as the factors that are not under control of the organizations for the time being.
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T/F : independent assortment occurs only in cells that are heterozygous for two genes (aabb) and not in cells that are completely homozygous (aabb or aabb).
It is highly inappropriate and completely incorrect to be mentioning that the independent assortment takes place in the cells that are heterozygous for two genes, aabb, and not in cells that are totally homozygous, aabb or aabb. Therefore, the given statement is to be held as false.
The condition of independent assortment is not very uncommon in the cells of the two genes that are completely homozygous, such as the aabb or aabb. However, the only catch here is that it is not relevant in the cells of the two genes that do not have a similarity in their nature.
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