Specific conduct of the defendant that violates the statue

Answers

Answer 1

Based on rule of law and legal proceedings, the Specific conduct of the defendant that violates the statute is Negligence per se.

What is Negligence per se?

Negligence per se is a term that is used to describe a situation whereby a defendant who violates a statute or regulation without an excuse is automatically considered to have breached her duty of care and is therefore negligent as a matter of law.

Generally, based on Restatement (Third) of Torts §14, a defendant is negligent per se if he violates a statute that is designed to protect against the type of accident or harm caused by his conduct, and the plaintiff is someone the statute is designed to protect.

Therefore, Negligence per se is a kind of specific conduct caused by the defendant that violates the statute.

Hence, in this case, it is concluded that the correct answer is Negligence per se.

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Related Questions

Why do expansionary policies lead to inflation?

Answers

Expansionary polices lead to inflation because they increase the buying power of people and companies thereby increasing demand.

How do expansionary polices lead to inflation ?

Expansionary policies increase the amount of money available, which in turn promotes higher consumption and faster economic expansion. Companies boost production as a result of having more money at their disposal, which raises the demand for all production inputs, including human capital. This then leads to inflation.

However, if implemented during sound economic booms, expansionary fiscal policy can lead to higher interest rates, expanding trade deficits, and increasing inflation. These negative consequences of an expansive fiscal policy often partially counteract their stimulative effects.

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How does the IRS know who the custodial parent is?

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For tax purposes, the custodial parent is usually the parent the child lives with the most nights. If the child lived with each parent for an equal number of nights, the custodial parent is the parent with the higher adjusted gross income

What is judicial activism in government?

Answers

Judicial activism refers to the way a justice conducts judicial review, where judicial activists forego their constitutional interpretation duties in favor of making decisions that further their own political ideologies.

What exactly is judicial activism?

By definition, judicial activism refers to the way a justice conducts judicial review, in which judicial activists forego their duty to interpret the Constitution in favor of using case decisions to advance their chosen policies. One of the most prominent instances of judicial activism in American history is considered to be the Roe v. Wade decision, which held that laws prohibiting abortion were unconstitutional because they violated a person's right to privacy.

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What do you mean by gender inequality answer?

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Whenever one sex or gender is often given more importance or benefit than another because of discrimination based on sexuality or gender, this is referred to as gender inequality.

What would you say is a gender?

Gender refers to the characteristics that are socially constructed for males, women, girls, and boys. This covers interpersonal connections as well as the standards, mannerisms, and roles that come with being an woman, men, girl, or boy.

What is a gender example?

We all, sometimes deliberately and sometimes inadvertently, express our gender. Through a multitude of means, including our look, motions, hairdo, and interactions, we can make our gender known to others.

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What is a campaign strategy statement?

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Every employee at your startup receives a copy of your company's strategy statement. The purpose, scope, and competitive advantage are the three parts of the statement.

Explain about the campaign strategy?

Consumer marketing law covers a wide range of federal, state, and local laws and regulations designed to ensure that marketing and advertising are truthful. No kind of advertising is allowed to be deceptive under federal law, including online advertising.

To draw new clients to your law office, you must engage in law firm marketing. A marketing strategy for a legal firm may include a combination of print, digital, and SEO ads, blogging, and digital marketing.

The five areas where decisions need to be made are PRODUCT, PRICE, PROMOTION, PLACE, and PEOPLE. The 5 Ps are manageable, but your company's internal and external marketing environments will always have an impact on them.

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What is it called when a case is sent from a lower court to a higher court for review?

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When a case is sent from a lower court to a higher court for review, it is called Appeal.

What is an appeal and why it is important?

An appeal is when someone loses a case in trial court, they can ask a higher court (the appellate court) to review the trial court's decision.

In almost all cases, the appellate court ONLY considers two factors:

whether a LEGAL mistake was made in the trial court, and whether this mistake changed the final decision (referred to as the "judgment") in the case.

An appeal is NOT:

a new trial with witnesses or a jury; a chance to go back to court and present your case in front of a different judge; or an opportunity to present new evidence or new witnesses.

Appeals serve as a means of both correcting errors and clarifying and interpreting the law.

Hence, when a case is sent from a lower court to a higher court for review, it is called Appeal.

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Identify one international regulation or United States federal law that applies to the harvesting of marine food resources and explain how that regulation or law helps to manage marine species.

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International regulation that applies to harvesting marine food resources is the "Endangered Species Act/ESA prohibits the harm or harvesting of endangered species" and protects habitats.

Fisheries around the world are dominated by the following species: herring, cod, anchovy, flounder, tuna, shrimp, mullet, squid, crab, salmon, lobster, scallops, and oyster. Also in high demand are mollusks and crustaceans. Not all fish that are caught are consumed as food.

The four biological groupings of marine mammals are the ones that follow: sirenians (manatees and dugongs), pinnipeds (seals, sea lions, and walruses), and marine fissipeds (polar bears and sea otters).

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Who said that the three branches of the government are separate in role and responsibility and that separation is necessary to ensure good government?

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Charles de Secondat, Baron de Montesquieu, said that the three branches of the government are separate in role and responsibility.

Who gave the theory of separation of power?

In his seminal 18th-century book "Spirit of the Laws," the Enlightenment philosopher Montesquieu introduced the term "trias politica," or separation of powers. The U.S. Constitution's framers were influenced by his idea of a three-branch government with separate legislative, executive, and judicial powers.

The Founders wanted to prevent abuse of power by splitting government into three distinct branches. In order to encourage cooperation between the three pillars of government and ensure that the government serves the interests of all citizens, they also devised a smart system of checks and balances.

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How did God prove himself to Gideon?

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Gideon was then instructed by God to gather some meat and unleavened cakes, which he accomplished and then laid on a rock before God devoured them with fire.

Was Gideon denied a lawyer?

Because counsel could only be provided for a poor person accused with a deadly offense under Florida law, the trial judge rejected Gideon's application for a court-appointed attorney. All relief was rejected by the Florida Supreme Court, which sided with the lower court.

Why is Gideon's choice so crucial?

The right to legal representation for defendants at state and federal courts was established by the Supreme Court's majority decision in favor of Gideon in 1963. After the judgment, Gideon was given a second chance to defend himself and was found not guilty.

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the federal government derives its authority to enforce civil rights violations through which of the following:

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According to law, it is the duty of the Secretary of the Department of Health and Human Services to stop the introduction, spread, and occurrence of infectious illnesses in the country.

According to the political principle known as consent of the governed, only a government that derives its authority from its people is legitimate. Simply put, the phrase "consent of the governed" refers to the idea that a government only exists because its constituents freely consent to it.

According to Article II of the Constitution, the President is in charge of carrying out and upholding the laws passed by Congress. The daily operation of the federal government is carried out by fifteen executive departments, each of which is headed by a member of the President's Cabinet who has been selected to that position.

The Division of Global Migration and Quarantine tries to carry out this duty under its authorized jurisdiction by engaging in a number of activities, such as the running of Quarantine Stations at entrance points

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What are the types of polymorphism?

Answers

Constitutional Polymorphism, Regulatory Polymorphism, Procedural Polymorphism, Jurisprudential Polymorphism

What is polymorphism and explain the types of polymorphism?

Polymorphism in law refers to the ability of a single type of legal entity or rule to exist or be applied in different forms. Types of polymorphism in law include:

1. Constitutional Polymorphism: This type of polymorphism occurs when a legal system allows an entity or rule to exist in different forms through a constitution.

2. Regulatory Polymorphism: This type of polymorphism occurs when a legal system allows an entity or rule to exist in different forms through regulations.

3. Procedural Polymorphism: This type of polymorphism occurs when a legal system allows an entity or rule to exist in different forms through procedural rules.

4. Jurisprudential Polymorphism: This type of polymorphism occurs when a legal system allows an entity or rule to exist in different forms through jurisprudence, or case law.

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What was the famous quote the FDR stated in his 1932 inaugural address to calm a frightened nation?

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In his first inauguration speech, Roosevelt said, "We don't have anything to fear other than fear itself."

Which of Franklin D. Roosevelt's speeches is best known?

Franklin D. Roosevelt, as 32nd leader of the United States, addressed a joint session with Congress with his "Day of Notoriety" speech, also known as simply "The Infamy speech," on December 8, 1941.

Whose president declared that the only thing to fear is fear?

Franklin D. Roosevelt, who took office in the midst of the Depression, aided the American people in regaining their self-confidence. He offered encouragement by promising quick, forceful action and declaring in his inaugural speech that "the only thing to be afraid of is fear itself."

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What happens if permission to appeal is refused?

Answers

The lower court's judgement might be fully or partially overturned if an appeal is accepted. The lower court's judgement is upheld if an appeal is denied.

How often do appeals get heard?

In California, the likelihood of winning a criminal appeal is slim (about 20 percent of appeals are successful). However, the chances of winning are higher if there were substantial legal and procedural mistakes made during the trial that had an impact on the case's outcome.

An appeal is extremely difficult to win. You must demonstrate that you were harmed by a legal error committed by the trial court. You must establish an error, whereas the trial court need not demonstrate that it was correct. Therefore, winning an appeal is extremely difficult.

Panels of three judges collaborate to decide appeals. In a written document known as a brief, the appellant provides the panel with legal reasons.

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Can I own a gun in New York?

Answers

To be eligible to have a firearms license you: Must be a New York State resident. Must be 21 years old. Have no prior felony or serious offense convictions.

the checks and balances contained within the constitution result in which of the following? group of answer choices consolidation of power in the executive branch, since the house and senate are usually at odds separation of power so that each branch can operate independently of the others some capacity of each of the three branches to limit the power of the other two a national bank of the united states

Answers

The checks and balances contained within the Constitution result in which of the following: some capacity of each of the three branches to limit the power of the other two. Thus correct answer (d).

The Checks and Balances system is linked to the separation of powers in the US. Each part of government is given its own authority to check the other branches and prevent any one branch from becoming overly dominant thanks to the checks and balances system.

The legislative branch of the US government, the Congress, is outlined in Article I. Important concepts include the division of powers between the executive and legislative parts of government (checks and balances), the selection of Senators and Representatives, the legislative process, and the authority of Congress.

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What does the Constitution say about equal representation?

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The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote. Id

What are the 7 steps in a jury trial?

Answers

Phases of a criminal trial include discussion, jury selection, opening statements, witness testimony and cross-examination, final defense arguments, jury instructions, jury deliberation, and judgment announcement.

What is the procedure for a trial?The attorneys on each side will describe their clients' legal positions, the evidence they intend to use, and the crucial factors that the jury will need to consider during their opening statements.Evidence presentation, judicial rulings, jury instructions, and concluding justificationsPhases of a criminal trial include discussion, jury selection, opening statements, witness testimony and cross-examination, closing arguments, jury instructions, jury deliberation, and judgment announcement.

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What was America's greatest contribution to World War II?

Answers

In addition to launching surface and submarine assaults against all of the Axis states, the United States launched two simultaneous bombing campaigns against Germany and Japan.

What did America contribute to World War II that was most notable?

America was the world's leading producer of weapons by 1944, producing more than enough to meet its military requirements. At the same time, the US was delivering desperately needed supplies to its allies in the Soviet Union and Great Britain. Many citizens offered their services to protect the country against invasion or bombing by the enemy.

What did America accomplish best during World War II?

The world's most extraordinary mobilization of an idle economy ever occurred as a result of America's response to World War II. 17 million new civilian jobs were generated during the war, industrial productivity rose by 96%, and corporation profits after taxes more than doubled.

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Under what circumstances is the US Supreme Court able to claim jurisdiction over cases originally heard in state courts?

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According to Section 1251(a), the Court's jurisdiction over one form of the issue (disputes between states) is not only "original," but also exclusive. In other words, only the Supreme Court has the power to exercise jurisdiction under the Constitution if the parties are unable to reach a resolution.

What is court?

A court is any person or institution with the jurisdiction to arbitrate legal disputes between parties and administer justice in civil, criminal, and administrative affairs in conformity with the rule of law. A court, often known as a court of law, is a person or group of people with the legal jurisdiction to hear and settle disputes in civil, criminal, ecclesiastical, or military issues.

Original jurisdiction refers to a case being heard by the Supreme Court for the first and only time. The Constitution only grants original jurisdiction in matters involving conflicts between states or between ambassadors and other senior ministers.

Therefore, The Court's authority to hear cases involving disputes between states is not just "original"

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What are the types of inheritance relationships?

Answers

The different types of Inheritance are  Single Inheritance,Multiple Inheritance,Multi-Level Inheritance,Hierarchical Inheritance.

What is inheritance ?The word "Inherit," which means "to derive any attribute, features, or characteristics from family," is the root of the word "Inheritance." Therefore, "According to the definition of inheritance, it is a method by which a subordinate or child class acquires the traits and qualities of a superordinate class or other derived classes. It also enables extra features like taking child class properties and using them in other derived classes."In the Object Oriented Programming (OOPS) paradigm, Inheritance is one of the key principles in computer programming, followed by Abstraction, Encapsulation, and Polymorphism. The properties of existing objects can be transferred to the new objects thanks to this approach. Inheritance creates connections between classes, linking two or more classes together and creating class hierarchies. Instead of writing

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Can I refuse to register for the Selective Service?

Answers

If required to register with Selective Service, failure to register is a felony punishable by a fine of up to $250,000 and/or 5 years imprisonment.

Is Selective Service still required?

Selective Service registration is mandated by law as the first step towards a fair and equitable system that, if approved by the President and Congress, would swiftly supply troops to the Department of Defense while at the same time offering an Alternative Service Program for conscientious objectors.

What is the duration of the Selective Service?

As a result, the mandatory military service period was expanded to a minimum of eight years and the draft age was decreased from 19 to 18+12 years. It was also extended from 21 to 24 months. The exemption was extended so long as the applicant was enrolled in a full-time college or training program.

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Using credit:
helps prevent overspending.
leads to a higher rate of impulse purchases.
rarely leads to debt.
None of these choices are correct.

Answers

Using credit leads to a higher rate of impulse purchases. The correct option is B.

What are impulse buying and the link to using credit cards?

Credit cards make it simple for customers to make purchases because there aren't any financial issues while they're shopping and there are options for future payments. Due to the possibility of future payment provided by the credit card, the person makes an impulsive purchase by being persuaded by the product.

Keep credit cards off of your accounts. Even adding a debit card to your account can encourage impulsive buying, but at least it won't be a source of debt for you to use. In addition, you might come across "limited time" offers while surfing, some of which might even include a countdown to the moment at which they will be withdrawn.

Thus, the ideal selection is option B.

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What types of cases does the US District Courts have?

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Cases heard by the US District Courts include More specifically, criminal, civil, and bankruptcy proceedings are heard by federal courts.

Explain about the US District Courts?

The district courts have the authority to hear almost all types of federal cases, including both civil and criminal cases, as long as they don't exceed the parameters specified by Congress and the Constitution. Numerous people are chosen for jury duty each day from all throughout the country, and they assist in deciding some of these cases.

Federal courts adjudicate disputes between two or more states, cases involving admiralty law, also known as maritime law, and bankruptcy. They also adjudicate cases involving the constitutionality of a law, laws and treaties of U.S. ambassadors and public ministers, and cases involving admiralty law.

According to the kinds of cases they handle, district level courts are separated into two categories. There are civil courts and criminal courts.

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What did Wilson promise about ww1?

Answers

An international group of states that mutually assures both large and small governments of their political independence and territorial integrity.

Explain about the Wilson promise about ww1?

Wilson also proposed suggestions that would guarantee long-term international peace. He advocated, among other things, the abolition of trade restrictions between states, the promise of "self-determination" for marginalized groups, and the establishment of a global organization that would offer a system of collective security to all countries.

When Wilson took office, most of the world was ruled by European imperial powers. They made an effort to keep a "balance of power" by forming competing military alliances. Alternative worldviews were held by progressives like Wilson. To establish a world in which democracy would flourish, they sought to disarm nations and put a stop to hostilities.

No longer will nations enter into secret accords. The world shall be able to observe diplomacy. In times of peace as well as conflict, international waters must be open for navigation.

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How old do you have to be to be a Senator See Article 1 Section 3?

Answers

No one may be a senator if they have not reached the age of thirty, have not held US citizenship for nine years, and have not lived in the state for which they are being chosen at the time of their election.

Give a brief account on Senator eligibility.

A senator must be at least thirty years old, whereas a representative must be at least twenty-five. And the former must have been a citizen for nine years, and the latter needs to have been for seven. The reason for these distinctions is due to the nature of the senatorial trust, which demands a greater level of knowledge and character stability while also requiring that the senator have reached a stage of life most likely to provide these advantages.

Three requirements for senators are outlined in Article I, Section 3 of the Constitution:

(1) They need to be at least thirty years old;

(2) they have to have been US citizens for at least nine years; and

(3) At the time of their election, they must be citizens of the states they wish to represent. Senators must meet higher standards for citizenship and age requirements than do representatives.

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How many judges make a full bench?

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A full court consists of 3 or more judges for a court that is typically served over by 1 judge; for a court that typically consists of a bench of 3 judges, such as many appellate courts, a full court consists of a bench of 5 judges.

Who is a judge, exactly?

A judge is a person who is chosen or appointed to preside over court cases. Judges must be fair and make an effort to interpret the law's intent, relevance, and ramifications correctly.

What is the name of the supreme court judge?

The title of a supreme court's presiding judge is Chief Justice. Although it can be used to refer to federal or state chief justices, the Chief Justice of the United States Supreme Court is most frequently used. Regardless of how long they have been on the bench, chief justice is the court's most senior justice.

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takao ozawa applied for u.s. citizenship but was denied. his case went all the way up to the u.s supreme court. ozawa argued that he should be allowed to become a u.s. citizen because he and his family spoke only english at home, went to american christian church, etc. the supreme court, however, ruled that he was not eligible for citizenship because:

Answers

United States, 260 U.S. 178 (1922), was a United States proceedings. The u.  s. Supreme Court found Takao Ozawa, a Japanese yank UN agency was born in Japan however had lived within the u.  s. for twenty years, ineligible for naturalization. In 1914, Ozawa filed for United States citizenship beneath the Naturalization Act of 1906.

Finally, the question of citizenship was visited once more within the cases Takao Ozawa v. u.  s. (1922) and u.  s. v. Bhagat Singh Thind (1923). Together, these cases illustrate however the social constructs of race and achromatic colour were manipulated to deny naturalization rights to Asian immigrants.

The case allowed for anti-Japanese proponents to justify the passing of the Immigration Act of 1924, that prohibited the immigration of individuals from Asia to the US.

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by 1860, most states had eliminated ____________ from their voting requirements.

Answers

Answer:

By 1860, most states in the United States had eliminated property as a requirement to vote.

Explanation:

Property as a requirement to vote refers to a law stating that only free men who owned property could vote. Property as a requirement for voting was justified in part by the idea that only free men who owned property had the interest and commitment to participate in the democratic process. However, this law was also used to exclude many people from electoral participation, leading to a lack of representation and political equality.

Answer: The answer is Property requirements

Explanation: By 1860, most states had eliminated Property requirements from their voting requirements.

Property requirements means Ensuring that the quality and the value of the property meet certain minimum thresholds is as important as ensuring that the applicant is willing and able to repay a loan. The Agency imposes quality and value requirements to protect the borrower’s interest and, in the event of liquidation, the Agency’s interest

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What was FDR's relief program called?

Answers

The Federal Emergency Relief Administration (FERA) was once a program set up with the aid of President Franklin Roosevelt in 1933, constructing on the Hoover administration's Emergency Relief and Construction Act.

What were the alleviation programs of the New Deal?

Major federal applications groups covered the Civilian Conservation Corps (CCC), the Works Progress Administration (WPA), the Civil Works Administration (CWA), the Farm Security Administration (FSA), the National Industrial Recovery Act of 1933 (NIRA) and the Social Security Administration (SSA).

What used to be Roosevelt's software of remedy recovery and reform?

The New Deal is frequently summed up by means of the “Three Rs”: relief (for the unemployed) healing (of the financial system thru federal spending and job creation), and. reform (of capitalism, by using ability of regulatory rules and the advent of new social welfare programs).

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What jurisdiction refers to the fact that only federal courts can hear and decide federal cases?

Answers

Since federal courts only have limited jurisdiction, they can only review matters that are expressly permitted by the Constitution or existing federal law. The first stop is the federal circuit court.

Is Federal ammunition reliable?

A reliable brand pf mid-range rifle ammo is Federal Premium. On deer, their non-traditional smooth led ammunition is more cheap and has superior wound pathways. They may be the primary producer of shotgun shells.

What is a notice that is printed in The Official Federal?

The Federal Register is a daily publication of laws, laws under consideration, agency announcements, executive orders, or other presidential papers. Office of the Gazette Notification, Historical Society and Records Administration, and (NARA).

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