First amendment fundamental constitutional questions were answered in this landmark case.
A significant Supreme Court ruling regulating the separation of church and state was Engel V Vitale. There, the New York State Board of Regents gave permission for each school day to begin with a brief, voluntary prayer. We recognize our reliance on You, Almighty God, and we ask for Your blessing on us, our parents, our instructors, and our nation. This government-sponsored prayer was contested by a group of parents who claimed that it went against the Establishment Clause of the First Amendment. In a 6 to 1 vote, the Supreme Court sided with these parents and overturned the New York prayer. In the Court's majority opinion, Justice Hugo Black came to the conclusion that even if the prayer was "denominationally neutral" and students might choose not to recite it, state officials may not write official state prayers and demand that pupils recite them in public schools. The Supreme Court faced a significant outcry from the public following the Engel decision, but the Court stood its own and in subsequent decisions developed the justification for the school prayer ruling. The Court has, however, also permitted open prayer in settings where adults are present, like legislative sessions and town council meetings.
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Howell made long-distance telephone calls through the telephone company’s computer- controlled switching system to solicit funding for a nonexistent business enterprise. What crimes did Howell commit? [New Mexico v. Howell, 895 F.2d 232 (N.M. App.)]
Answer: See explanation
Explanation:
With regards to the question, Howell has committed fraud. In this case, this can be regarded as a mail or wire fraud which is when one uses telephone or mail to defraud someone else.
In this case, Howell may be charged for the unauthorized use of the telephone for his personal use as he made a long-distance telephone calls through the telephone company’s computer- controlled switching system to solicit funding for a nonexistent business enterprise. The Sarbanes-Oxley Act helps address this type of fraud.
1. looking at the way people do their work, what equipment or tools they use, and where improvements can be made to ensure safety
2. documenting all accidents or injuries to identify patterns
3. identifying safety and health issues in the workplace by conducting a thorough walk-through and inspecting every physical attribute
data analysis
risk mapping
job hazard analysis
The first step is to look at the way people do their work and identify what equipment or tools they use. This will help identify any potential hazards or risks associated with the work. The second step involves documenting all accidents or injuries to identify patterns. This will help identify areas where improvements can be made to prevent future accidents or injuries. The third step is to identify safety and health issues in the workplace by conducting a thorough walk-through and inspecting every physical attribute. This will help identify any potential hazards or risks associated with the workplace.
Once these steps have been completed, data analysis can be conducted to identify any patterns or trends that may be contributing to safety issues. This may involve risk mapping to identify areas where the risk of accidents or injuries is highest. Additionally, job hazard analysis can be conducted to identify specific tasks or activities that may be more hazardous than others. ensuring safety in the workplace involves a thorough and systematic approach that involves identifying potential hazards and risks, documenting accidents and injuries, and conducting data analysis to identify patterns and trends. By taking these steps, employers can create a safer and healthier workplace for their employees.
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samantha was affluent and gave $6,000 to each of 1,000 needy individuals. someone told her that under the uniform estate and gift tax, she would have to pay a tax. were they correct?
Yes, the person who told Samantha about the uniform estate and gift tax was correct.
The uniform estate and gift tax is a federal tax on gifts and estates, and it applies to gifts of money or property that exceed a certain amount. In 2021, the annual gift tax exclusion is $15,000 per person, meaning that Samantha's gift of $6,000 to each of 1,000 individuals would exceed this amount and would therefore be subject to the gift tax. However, there are various exemptions and deductions available under the tax code, so it's possible that Samantha could minimize or eliminate her tax liability by working with a tax professional.
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Extractive institutions like coal, timber, etc.—that are often economically dominant in rural settings—tend to concentrate power ___________ .
A.Rural communities
B.Among entire local and regional populations
C.in urban communities
D.Among the few
Extractive institutions like coal, timber, etc.—that are often economically dominant in rural settings—tend to concentrate power in urban communities.
What are extractive institutions?This is a term that is used to refer to institutions that extract wealth and natural resources from other areas.
The resources are often gotten from the rural areas and they are used in companies that are in the urban centers.
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what type of damages are designed to place a plaintiff in the same position as if there had been no breach of the contract? question 18 options: punitive damages specific damages compensatory damages monetary damages exact damages
Option compensatory damages is the correct option.
Compensatory settlements. damages that are intended to put a plaintiff in the same situation as if there had been no contract violation
Actual damages, commonly referred to as compensatory damages in tort law, are financial awards made by a judge that are equal to the loss a party experienced. A court may alternatively award minimal damages if a party's right was formally infringed but they did not experience any hurt or losses.
Actual monetary losses are covered by compensatory damages. For instance, a victim of negligence may file a lawsuit against the offender to recover lost earnings and medical expenses.
Money that is granted to an affected person as compensation for losses, injuries, or other losses is known as compensatory damages. In civil court situations when loss has happened as a result of another party's carelessness or illegal behaviour, compensatory damages are granted.
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Should students who are expelled receive more due process than those who are suspended? explain why or why not.
Answer:
Yes
Explanation:
Yes because being expelled means you've been suspended already and can't go back whereas if you get suspended you can go back and you did something bad but not extremely bad.
courts can give final judgments that solve existing problems; they cannot provide rulings about .
Courts can give final judgments that solve existing problems; they cannot provide rulings about hypothetical or future scenarios.
The primary role of courts is to adjudicate disputes and provide resolutions for existing legal problems. When parties bring a case before a court, they seek a final judgment that will settle the dispute and provide a legal outcome. Courts carefully consider the facts, evidence, and applicable laws to make decisions that resolve the immediate issues at hand.
However, courts are limited in their jurisdiction and authority. They are bound by the principle of justiciability, which means they can only rule on actual controversies and not issue advisory opinions on hypothetical or abstract matters. Courts cannot provide rulings about speculative future scenarios that have not yet materialized or cases that lack a genuine legal dispute.
The purpose of the judiciary is to interpret and apply existing laws, not to engage in policy-making or provide guidance on hypothetical situations. This distinction ensures that courts maintain their impartiality and preserve the separation of powers within a democratic system.
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Which of the following statements about the functions of Congress is true, based on the infographic?
A. Writing and approving legislation is a rapid and efficient process.
B. A bill that is approved by a committee is guaranteed to become a law.
C. A bill may be killed at many points throughout the lawmaking process.
D. A bill is considered to be a law when the Senate and the House agree on its wording.
Answer: C.) A bill may be killed at many points throughout the lawmaking process.
Explanation: just took test
the 1876 constitution was so well written, it is rare for anyone to ask if we might need a new one.truefalse
It is false to say that the 1876 constitution was so well written, it is rare for anyone to ask if we might need a new one.
Drafted stealthily by agents to the Constitutional Convention the late spring of 1876, this four-page report, endorsed on September 17, 1876, laid out the public authority of the US.
The Government Show assembled in the State House (Freedom Lobby) in Philadelphia on May 14, 1876, to reexamine the Articles of Confederation. Since the designations from just two states were at first present, the individuals dismissed from one day to another until a majority of seven states was gotten on May 25.
Through conversation and discussion it turned out to be clear by mid-June that, as opposed to revise the current Articles, the Show would draft an altogether new casing of government. All through the mid year, in shut meetings, the representatives discussed, and redrafted the articles of the new Constitution.
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Quon and bert have signed a contract for bert to mow quon’s grass every week in june, july, and august for a price of $40 per week. They have agreed to all the necessary terms, but bert has not yet mowed because it is still may. What type of contract do they have?.
They have executory contracts, I believe.
What kind of contract is enforceable?An executory contract is an ongoing arrangement between two parties that places a time limit on the completion of specific tasks. They are contracts in writing that make sure both parties are aware of their respective obligations.
What does the term "executable contract" mean?According to an executory contract, neither party has fully completed the agreement or received payment at the time of signing. In other words, at the time it is signed, both parties still have tasks to finish.
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Customer asked Will the product help me live an opulent lifestyle?
The way a particular product is marketed or presented, do matter to the consumer. I will say the the product will help the consumer to live an opulent lifestyle.
The way one present a product to a consumer will show if the consumer will buy the product or not. Consumer are often influenced by product strategy.The product will help the consumer to live an opulent lifestyle because as she use the product (e.g. Skincare product), it will enrich her skin and bring out the beauty in her.
Retailers should make products in a more compelling manner or approach.
Strategies in product marketing is never the same. It often required to keep consumers' attention.
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If a beneficiary is enrolled in a ma-only ppo and they also sign up for a pdp plan, they will be automatically dropped from their ma plan. True or false?.
It is True.
What are Medicare Advantage (MA) plans?Medicare Advantage Plans are an additional option for getting Medicare Part A and Part B coverage. Medicare Advantage Plans, often known as "Part C" or "MA Plans," are provided by Medicare-approved private organisations that must adhere to Medicare requirements. The majority of Medicare Advantage Plans provide medication coverage (Part D). In most circumstances, you must use health-care providers who are part of the plan's network. These plans restrict your out-of-pocket expenses for covered services each year.
Some plans provide non-emergency coverage outside of the network, albeit at a greater cost. Remember that you must utilize your Medicare Advantage Plan's card to obtain Medicare-covered services.
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Select the best answer for the question.
5. What was the approximate average annual cost of incarceration per prison inmate in 2012?
A. $15,600
B. $48,500
C. $30,700
O D. $8,300
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How does the concept of asset forfeiture reflect the 8th amendment? 5-7 sentences.
i swear to god if one more of you gives me something unhelpful i will personally insert your catheter.
The concept of asset forfeiture can raise concerns regarding its compatibility with the 8th Amendment of the United States Constitution, which prohibits cruel and unusual punishment.
Asset forfeiture involves the seizure of property by law enforcement agencies, often in connection with criminal activity. Some argue that certain practices of asset forfeiture, such as excessive fines or disproportionate seizures, may violate the principles of proportionality and fairness outlined in the 8th Amendment.
The 8th Amendment of the U.S. Constitution prohibits cruel and unusual punishment and is intended to ensure that punishments fit the crime. When examining the concept of asset forfeiture, questions arise regarding its alignment with this constitutional principle. Critics argue that the seizure of property, particularly in cases where the value of the assets exceeds the alleged offense, can be seen as excessive and disproportionate.
While asset forfeiture aims to combat illegal activities and disrupt criminal networks, concerns are raised when innocent individuals or individuals with minimal involvement in criminal activity experience significant financial losses. Critics argue that such practices can create a punitive impact that goes beyond what is considered just or proportionate.
The compatibility of asset forfeiture with the 8th Amendment is an ongoing subject of debate and legal scrutiny. Courts have grappled with determining when asset forfeiture practices cross the line into being excessive or constitute a violation of constitutional rights. Balancing the need for law enforcement tools against the rights of individuals is a complex challenge that requires careful consideration and ongoing evaluation to ensure compliance with the principles of the 8th Amendment.
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Strict Liability Weaknesses (Dean Singer) (5)
Strict liability is a legal principle that holds individuals or entities responsible for their actions, regardless of intent or fault. While this principle has its benefits, there are also some weaknesses associated with it.
One of the weaknesses of strict liability is that it can lead to unfair outcomes. For example, if a company is held strictly liable for a product defect, they may be forced to pay damages even if they had no knowledge of the defect or took steps to prevent it. This can be particularly problematic for small businesses that may not have the resources to defend themselves in court.
Another weakness of strict liability is that it can discourage innovation. If companies are held strictly liable for any harm caused by their products, they may be less willing to develop new technologies or products that could be perceived as risky. This could stifle progress in certain industries and limit consumer choice.
Dean Singer, a legal scholar, has also identified several weaknesses of strict liability. He argues that it can be difficult to define what constitutes a "defective" product, and that the standard of liability can vary depending on the circumstances of the case. Additionally, Singer argues that strict liability can be inefficient because it places the burden of proof on the defendant, rather than the plaintiff.
Overall, while strict liability can be an effective tool for holding individuals and entities accountable for their actions, it is not without its weaknesses. It is important to strike a balance between protecting consumers and ensuring that companies are not unfairly burdened with liability.
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What kinds of control are available legislatures? Needs to be 5 sentences
Answer:
1. Financial authority: Legislators have the authority to approve budgets and allocate funding to various programs and initiatives.
2. Legislative authority: Legislators have the authority to create and pass laws that govern numerous parts of society.
3. Oversight control: Legislators can investigate and oversee government agencies to ensure they are operating properly.
4. Appointment control: Legislators have the authority to confirm or reject appointments made by the executive branch.
5. Impeachment control: Through the impeachment process, legislatures can remove public officials from office.
All of these checks and balances are necessary for the legislature to keep the government working properly and citizens' rights safeguarded.
true/false. the more policy decisions by the federal reserve are expected and understood in advance, the more effective they are.
The given statement "The effectiveness of policy decisions by the Federal Reserve increases when they are expected and understood in advance" is true because clear communication and predictability of the Federal Reserve's actions allow financial institutions, businesses, and consumers to make informed decisions based on anticipated policy changes.
When the Federal Reserve provides guidance on its policy decisions, it helps reduce uncertainty and promotes stability in financial markets. This transparency allows market participants to adjust their expectations and behaviors accordingly, making the implementation of monetary policy more effective. For example, if the Federal Reserve announces its intention to raise interest rates in the near future, businesses and consumers can plan their borrowing and investment decisions based on this information.
This advance notice can lead to a smoother transition in the economy and minimize potential negative effects of sudden policy changes. In conclusion, the more policy decisions by the Federal Reserve are expected and understood in advance, the more effective they are. This is due to the reduced uncertainty and increased stability in financial markets, enabling market participants to make better-informed decisions and allowing for smoother implementation of monetary policy.
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WILL MARK BRAINLIEST!!! 100 POINTS!!! For this project, you have the opportunity to be the author and write brief newspaper articles based on the torts discussed in this lesson: strict liability, products liability, misrepresentation of a product, and public and private nuisance. In the article you write, include some points about the defenses and remedies available for each tort. This exercise should be at least two to three paragraphs per tort (about 800 words in length total).
Answer:
Manufacturers are used to defending strict product liability actions when plaintiffs claim that their products are defective. But in the opioid litigation, plaintiffs have filed something else: more than 2,500 public nuisance cases so far.
Governmental entities across the country are filing suits alleging that opioid manufacturers deceptively marketed their legal, opioid-based pain medications to understate the medication’s addictive qualities and to overstate its effectiveness in treating pain. In addition, plaintiffs allege that opioid distributors failed to properly monitor how frequently the medication was prescribed and failed to stop filling prescription orders from known “pill mills.” The complaints claim that manufacturer defendants’ deceptive marketing schemes and distributor defendants’ failure to monitor led more people to become addicted to painkillers, which led to people turning to illegal opioids. The legal argument here is that the defendants’ actions in concert interfered with an alleged public right against unwarranted illness and addition. But is public nuisance law likely to be a successful avenue for prosecuting these types of mass tort claims? It has not been in the past.
This is the first of two posts that will address how plaintiffs have historically used public nuisance law to prosecute mass tort claims and how the plaintiffs in the current opioid litigation may fare.
Overview of Public Nuisance Law
In most states, a public nuisance is “an unreasonable interference with a right common to the general public.”[1] This definition is often broken down into four elements: (1) the defendant’s affirmative conduct caused (2) an unreasonable interference (3) with a right common to the general public (4) that is abatable.
Courts have interpreted these elements in different ways. For example, courts in Rhode Island and California have disagreed about when a public nuisance is abatable: the Rhode Island Supreme Court held that this element is satisfied only if the defendant had control over what caused the nuisance when the injury occurred, while the a California Court of Appeal held that the plaintiff need not prove this element at all.[2] And while the federal district court in Ohio handling the opioid multidistrict litigation (MDL) has held that the right to be free from unwarranted addiction is a public right,[3] the Supreme Court of Illinois held that the right to be “free from unreasonable jeopardy to health” is a private right and cannot be the basis of a public nuisance claim.[4]
Roots of Public Nuisance Law in Mass Tort Cases
Plaintiffs litigating mass tort cases have turned to public nuisance law over the past decades. In the 1980s and 1990s, plaintiffs unsuccessfully attempted to use it to hold asbestos manufacturers liable.[5] In one case, plaintiffs alleged that defendants created a nuisance by producing an asbestos-laced product that caused major health repercussions for a portion of the population. Plaintiffs argued that North Dakota nuisance law did not require defendants to have the asbestos-laced products within their control when the injury to the consumer occurred. Explicitly rejecting this theory, the Eighth Circuit held that North Dakota nuisance law required the defendant to have control over the product and found that defendant in the case before it did not have control over the asbestos-laced products because when the injury occurred, the products had already been distributed to consumers. The Eighth Circuit warned that broadening nuisance law to encompass these claims “would in effect totally rewrite” tort law, morphing nuisance law into “a monster that would devour in one gulp the entire law of tort.”[6]
How does the uniform commercial code differ from the common law of contracts?
Answer: Common law governs contractual transactions with real estate, services, insurance, intangible assets and employment. UCC governs contractual transaction with goods and tangible objects (such as a purchase of a car).
Explanation:
Answer:
Common law governs contractual transactions with real estate, services, insurance, intangible assets and employment.
Explanation:
the critical concept that emerged in the palko decision is that of ________ rights.
Answer:
Double Jeopardy right
Explanation:
This clause has it that is prohibited for a person to be convicted for the same crime more than once. This is a fifth amendment clause that was developed following the palko v Connecticut case. Palko had being charged for first degree murder but he got second degree sentence. The state of Connecticut filed an appeal against him and won the appeal. He was therefore sentenced to death
Explain FIVE (5) investigative functions relevant to Dato ARahman case.
Answer:
The case of Dato ARahman involves allegations of corruption and abuse of power. Here are five investigative functions that would be relevant to this case:
Explanation:
Gathering evidence: This involves collecting and analyzing evidence related to the allegations against Dato ARahman. This could include financial records, witness statements, emails, phone records, and any other documents or information that could support or refute the allegations.Conducting interviews: Investigators would need to interview people who have information relevant to the case, including witnesses, whistleblowers, and anyone else who may have information about Dato ARahman's actions. These interviews could help investigators gather additional evidence and build a stronger case.Tracing financial transactions: This involves tracing the flow of money related to the allegations against Dato ARahman. Investigators would need to follow the money trail to determine if any illegal transactions occurred and who was involved in them.Analyzing data: Investigators may need to analyze large amounts of data, such as financial records or communications, to identify patterns or anomalies that could be relevant to the case. This could involve using data analysis tools or working with forensic accountants or other experts.Coordinating with other agencies: Given the seriousness of the allegations against Dato ARahman, it may be necessary for investigators to coordinate with other agencies or departments, such as the police, financial regulators, or anti-corruption agencies. This would ensure that all relevant information and resources are being utilized to investigate the case thoroughly.
63. drivers who are under 21 years old with a bac of .02 or above may lose their license due to which law?
Answer:
Explanation:
The law that applies to this situation varies depending on the country or state you are in.
In the United States, most states have a zero-tolerance policy for drivers under the age of 21 who are found to have any measurable amount of alcohol in their system. This is typically referred to as a "zero tolerance law." Under this law, drivers under 21 years old with a blood alcohol concentration (BAC) of .02 or above can face penalties such as license suspension or revocation, fines, and mandatory alcohol education programs.
It's important to note that the specific penalties for violating this law can vary by state, and the legal drinking age is also different in some countries. It's always best to check your local laws to ensure you understand the specific regulations and penalties that apply to your situation.
According to the National Minimum Drinking Age Act, drivers who are under 21 years old with a Blood Alcohol Concentration (BAC) of .02 or above may lose their license.
The Zero Tolerance Law was designed to protect underage drivers from the dangers of operating a vehicle while intoxicated. When a driver under the age of 21 is found to have a BAC of .02 or higher, their license will be automatically suspended for a certain amount of time. This law was put in place to discourage underage drivers from drinking and driving, as the consequences for doing so are much more serious than for adults.
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You need to create a legal structure for your small business. You have plans for it to grow and hope in the future to sell shares to the public. Your startup partners are citizens of mexico and japan. You do not want to be personally responsible for business liabilities. Which legal structure should you set up for your business?.
Answer:
C-Corporation
Explanation:
I took the quiz on k12
Gypsum is soluble in water because the attractive forces between the solute particles are greater than the attractive forces between the solute and the solvent particles. Group of answer choices True False
False. Gypsum(CaSO4·2H2O) is not soluble in water because the attractive forces between the solute particles and the solvent particles (water) are greater than the attractive forces between the solute particles.
In other words, the water molecules are able to surround and separate the gypsum particles due to their strong attraction to the charged sulfate and calcium ions in gypsum. However, this solubility can be increased by adding acid or increasing the temperature, which can break down the strong ionic bonds between the gypsum particles and allow for greater solubility.
In the case of gypsum, the attractive forces between the gypsum molecules are strong enough that only a small amount of gypsum dissolves in water. The solubility of gypsum in water is about 2.4 grams per liter, which is considered low. So, the statement that the attractive forces between the solute particles are greater than the attractive forces between the solute and the solvent particles is incorrect for gypsum.
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False imprisonment occurs when someone is negligently confined against his or her will.
a. True
b. False
False imprisonment occurs when someone is negligently confined against his or her will. Option A. True is the answer.
What is a false imprisonment?False imprisonment is the unlawful restraint of an individual's freedom of movement without justification or consent. It can involve physically restricting someone's movement, such as by locking them in a room, or it can involve imposing legal restrictions on someone's freedom of movement, such as by obtaining a court order that prohibits someone from leaving a specific area.
False imprisonment can be a criminal offense or a civil wrong, depending on the circumstances. In criminal cases, it is typically charged as a felony, while in civil cases it is usually a tort, which is a civil wrong that allows the victim to seek damages from the person who committed the tort.
Therefore, the correct answer is as given above
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Who establishes a crime scene?
a) a criminal investigator
b) crime scene photographer
c) district attorney
d) first responder
Read this excerpt from the dissenting opinion of Justice Louis Brandeis in New State Ice Co. v. Liebmann, and select the passage that characterizes how the federal system allows flexibility in dealing with local and regional issues.
"To stay experimentation in things social and economic is a grave responsibility. Denial of the right to experiment may be fraught with serious consequences to the nation. It is one of the happy incidents of the federal system that a single courageous state may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country."
The federal system allows flexibility in dealing with local and regional issues by serving as a laboratory.
In federal systems, political power is split between two independent, directly elected sets of governments, one national and the other subnational. A constitutional separation of powers is typically established between the national government, which has control over the entire national territory, and provincial governments, which have independent control over their own spheres of influence. These federal systems exhibit a wide range of governmental and political structures. First, there are a few systems that stand out because their federal configurations reflect rather distinct cultural divides. Switzerland is a prime example of this, with its citizens speaking four different languages (German, French, Italian, and Romansch), and a federal structure that connects 26 historically and culturally diverse cantons and demicantons.
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why is it important to be ethical in your studies
the creation of new crime legislation and the size of criminal justice agency budgets are decided by legislators responding to the demands of
The creation of new crime legislation and the size of criminal justice agency budgets are decided by legislators responding to the demands of voters.
Agency is the capability of individuals to have the strength and resources to satisfy their capacity. for instance, structure is composed of those elements of impact that determine or restriction sellers and their choices.
Man or woman organization is whilst someone acts on their personal behalf, while proxy corporation is whilst an person acts on behalf of someone else (including an organization). Collective organisation happens while people act together, along with a social movement.
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What was significant about the decision made by the United States Supreme Court in United States v. Nixon?
1. It meant that the president was protected from an investigation by a special prosecutor.
2. It signified that the president cannot tape conversations with advisors in the White House.
3. It forever changed the way that a president appoints a vice president.
4. It demonstrated that even a president is subject to the law.
Answer:
C.
Explanation:
It demonstrated that even a president is subject to the law