A. The appellate court can only set aside the trial judge's findings of fact if they are clearly erroneous.
The general principle is that appellate courts are deferential to the findings of fact made by the trial judge. This means that appellate courts will not lightly disturb the trial judge's findings of fact, as the trial judge is considered to have had the advantage of hearing and observing the witnesses firsthand and assessing their credibility.
However, appellate courts do have the authority to set aside the trial judge's findings of fact in certain circumstances, including when they are found to be clearly erroneous.
The term "clearly erroneous" is a legal standard used by appellate courts to determine the circumstances under which they can set aside a trial judge's findings of fact.
A finding of fact is considered clearly erroneous if it is clearly and demonstrably against the weight of the evidence, or if the reviewing court is left with a definite and firm conviction that a mistake has been made.
In other words, the appellate court must have a high level of certainty that the trial judge's findings of fact are incorrect in order to set them aside.
The standard of "clearly erroneous" is a high bar for appellate courts to meet. It reflects the general principle that the trial judge, who has presided over the trial and heard the evidence, is in the best position to make findings of fact.
Appellate courts are generally reluctant to substitute their judgment for that of the trial judge on issues of fact, and will only do so in exceptional cases where the trial judge's findings are clearly and demonstrably incorrect.
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Hazel sold her home in 2020 for a contract sales price of $285,000. The buyer paid $5,000 down payment plus a camper valued at $1,200. Hazel agreed to receive the camper at the value of $1,200 as part of the down payment for a total down payment of $6,200. Hazel had a mortgage on the home for $196,000 that was to be paid off from the proceeds of the sale. What is Hazel’s sales price of the home she sold? Select one: a. $285,000 b. $283,800 c. $278,800 d. $89,000
Hazel's sales price of the home is $285,000.
As it has been explained in the question that she had contracted to sell her house for $285,000 and the buyer paid the down payment of $6200 in total. Although, she had a mortgage on the home for $19600 but it has been mentioned that it will be paid from the amount that she would get from the sale. Therefore, none of the above transactions affect the contracted sales price of $285,000 as all the aforementioned transactions like down payment and settlement of mortgage come under it.
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When serving an alcoholic beverage, a promotional permit holder or their agent or employee should
The Freedom of Information Act exception regarding gas or oil wells was designed to
limit drilling of oil wells.
prevent competition from getting an unfair advantage.
allow the government to better control where drilling occurred.
provide an exception to encourage these important American industries.
Answer:
prevent competition from getting an unfair advantage.
Explanation:
The Freedom of Information Act exception regarding gas or oil wells was designed to prevent competition from getting an unfair advantage.
This Act has Exemption 9 in effect in order to protect the oil companies from having unfair advantage over each other.
This concern was valid because they believed that oil explorations by some private oil companies would give speculators an advantage.
Answer:
prevent competition from getting an unfair advantage.
Explanation:
The Freedom of Information Act exception regarding gas or oil wells was designed to prevent competition from getting an unfair advantage.
11. Which is true about the right of association?
What natural boundary helps from the border between the United States and Mexico
Answer:
Rio Grande, aka "Río Bravo del Norte"
In order to obtain court supervision for a traffic violation, a minor must appear in court with a parent/legal guardian and attend a traffic safety school. True or false?.
The statement is TRUE. In order to get court supervision for a traffic offense or traffic violation, a minor or not of legal age must appear in the court with their parent or with their legal guardian and finish a traffic safety school.
However, even without court supervision, the parent or legal guardian of a minor can revoke their kid's driver's license at any time just before the age of 18.
Additionally, one cannot drive in other states if they are just a permit holder. Many states have varied traffic safety schools, regulations or laws governing learners' permits for students. There are several limitations on the learner's permit that prevent permit holders from driving alone or outside of their state. Minor drivers or those who are under the age of eighteen must carry their training permission for 9 months before obtaining their driver's license.
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what is the main characteristic pf a rubuttable presumption?
Answer:
A rebuttable presumption is assumed true until a person proves otherwise (for example the presumption of innocence). In contrast, a conclusive (or irrebuttable) presumption cannot be refuted in any case (such as defense of infancy in some legal systems).Explanation:
Rebuttable presumption: Both in common law and in civil law, a rebuttable presumption is an assumption made by a court that is taken to be true unless someone comes forward to contest it and prove otherwise.
For Example
a defendant in a criminal case is presumed innocent until proved guilty.
What are your final thoughts about Larry Lessig’s video and his arguments about copyright?
I believe that Larry Lessig's arguments are very important for us to understand copyright and its importance for those who own it. That's because Lessig can show us that creating something requires effort, work and dedication that are often demanded of a single person. Allowing anyone to use the work created by someone who has given so much of themselves can be cruel. In other words, through his arguments we can see that the creators have the total right to own their works and limit their destruction, since the creation of that work required so much of him / her.
The Necessary and Proper Clause is significant because it gives congress:
Question 4 of 10
What is the primary difference between a sale of property and a lease of
property?
A. A sale is for permanent transfer of ownership, and a lease is only
for temporary use of property.
B. Sales are final and have no risk, while leases are temporary and
include risk.
C. Sales are legal ways to transfer ownership, and leases transfer
ownership without legal verification.
D. A sale is for a sh price, and a lease is made in exchange for
services of value.
Answer:
The answer would be A.
Explanation:
A sale is permanent while something like leasing/renting is a form of temporary ownership unless the consumer happens to purchase the item in the future.
the court cannot set an agenda complements its reactionary nature by
The complement of the court's reactionary nature is: C) An impartial nature.
While the court's reactionary nature implies a responsive approach to legal matters, an impartial nature refers to the court's commitment to neutrality and fairness in its decision-making. Impartiality ensures that judges and courts do not favor any particular party or agenda but rather uphold the law and administer justice objectively.
It entails treating all parties equally, considering the facts and evidence presented, and interpreting and applying the law without bias or prejudice. An impartial court is crucial for maintaining the integrity and credibility of the legal system. Thus the correct option C)
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Full Question: What is the complement of the court's reactionary nature?
A) An agenda-setting nature
B) An activist nature
C) An impartial nature
D) A proactive nature
Allows an appointed attorney-in-fact to make decisions about the grantor's medical care
A. insurance
B. medical directive
C. premium
D. executor/executrix
Answer:
(Might not be right) B. medical directive
Explanation:
An advance healthcare directive, also known as living will, personal directive, advance directive, medical directive or advance decision, is a legal document in which a person specifies what actions should be taken for their health if they are no longer able to make decisions for themselves because of illness
in case of breach by the buyer, most real estate sale contracts include a provision that the earnest money be regarded as
In case of breach by the buyer, most real estate sale contracts include a provision that the earnest money be regarded as liquidated damages.
Most real estate sale agreements contain a clause stating that the earnest money will be treated as liquidated damages in the event that the buyer breaches the agreement. This means that the seller is allowed to keep the earnest money as punishment for the buyer's breach if the buyer doesn't carry out their end of the bargain. It serves as a predetermined and just measure of compensation for the wronged party.
In this case, the seller to designate the earnest money as liquidated damages. It protects the seller financially from any potential losses brought on by the buyer's default. The contract ensures that the seller has some recourse and compensation in the event that the buyer breaches the agreement by including this clause.
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Facts: Officers wanted to search Dollree Mapp's house, but she said no because they did not have a warrant. They were looking for a suspected bomber. Eventually, the police forced their way in. They did not find a bomber, but they did find a trunk of obscene pictures in the basement. Ms. Mapp was arrested and convicted for possession of obscenity. She appealed.
Question for the court: Can you be convicted on the basis of illegally obtained evidence? Decision: No. The court held that evidence seized without a search warrant, could not be used in criminal prosecutions both in Federal and now State courts. This is called the Exclusionary Rule. Issue: Can the Exclusionary Rule cause a criminal to go free? Explain below in 2-4 sentences.
Answer:
they didn't have a warrant so they shouldn't have forced there way in. Also they cannot be arrested
Explanation:
hoped this helped sry if wrong lol
The supreme court on monday rejected an appeal seeking to give american citizenship to people born in which territory?.
The Supreme Court ruled that he had been unfairly picked out by the police due to his race.Chinese immigrant Lee Yick conducted a laundry business out of a wooden structure in California.
A legislation that was in effect at the time (the end of the 19th century) stated that this type of business could not be operated in a wooden structure without a specific licence. The majority of the laundry facilities were owned by Chinese immigrants, yet this permit was not obtained for them.The Nationality Acts of 1790 and 1870, which stipulate that in order to qualify for US citizenship, a person must either be “white” or a “native American,” were the legal bases on which the US Supreme Court denied US citizenship to Japanese nationals. According to the law of the soil, every person born within the boundaries or within the territories of the United States is immediately granted citizenship, regardless of their background or family history. The law of the soil also grants children the nationality of the country in which they were born, and this is recognized throughout almost all of the world.
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Which statement about bias in social studies sources is true?
Answer: D. Bias occurs when a writer intentionally omits information that weakens his or her argument.
Explanation:
Social studies is the study of people and how they relate with one another in society.
In research, bias can occur for a multitude of reasons and one of these reasons is when a writer intentionally omits information that weakens his or her argument.
All the relevant information about a subject should be included so that the research can be scrutinized appropriately. However, sometimes researchers want the research to turn out in a certain way for whatever reason and will omit information that will weaken this result.
This will result in a bias in the research.
Sometimes people are angry for ____ reasons
Sometimes people are angry for various reasons.
People can be angry for a multitude of reasons, such as feeling frustrated, experiencing a perceived injustice, or facing obstacles to their desires or goals. Anger can arise from personal, interpersonal, or societal factors, and it serves as an emotional response to express dissatisfaction or assert boundaries.
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~~~Harsha~~~
mother and the alleged father have blood type A and the child has blood type B, the man cannot be the child's
father. A child cannot have type B blood unless either the father or the mother has that type.
Blood type alone, however, cannot prove that a man is a child's father. Courts typically use DNA tests to prove
paternity. This method tests blood or tissue for genes that link a specific parent and child. Test results are extremely
accurate and greatly reduce the uncertainties that once plagued paternity suits.
Problem 30.1
Martha becomes pregnant. She claims that Michael is the father, but Michael denies it and refuses to marry her or
support the child. Does the law require Michael to marry Martha? Does the law require unmarried people to provide
support for their children?
Answer:
No
Explanation:
what is a major concern about COMPSTATs effectiveness? -
Compstat as a policing tactic gained popularity as a result of the notable decline in crime that occurred in New York City in the 1990s.
Compstat has received a lot of attention from academics and police practitioners as an innovative management method in policing. Despite its widespread use, the scientific efficacy of the Compstat method has not received much empirical investigation. Few research has also focused on Compstat tactics used outside of New York City during the 2000s. The current study examined whether Compstat led to a noticeable increase in "broken windows" arrests (minor nuisance offenses) and, using multivariate time-series analysis, the role of the Compstat strategy in explaining changes in violent, property, and total index crimes. Compstat was used by the FWPD to analyze monthly time-series arrest and crime data over a multi-year period.
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hamilton claimed in the excerpt that state sovereignty responses increased the unity of the united states increased the unity of the united states guaranteed americans the protection of their liberties guaranteed americans the protection of their liberties encouraged americans to pursue the common good in politics encouraged americans to pursue the common good in politics allowed states to ignore the requests of the central government
Hamilton's overall argument in Federalist 15 is that since the national government could not compel state support, the United States should replace the Articles of Confederation with a constitution that provided a stronger central government.
A confederation (also known as a confederacy or league) is a union of sovereign companies or states united for purposes of commonplace movement.[1] typically created by a treaty, confederations of states tend to be mounted for managing essential issues, which includes defense, foreign members of the family, internal alternate or foreign money, with the relevant authorities being required to provide help for all its individuals. Confederalism represents a primary shape of intergovernmentalism, that's described as any shape of interaction round states which takes vicinity on the idea of sovereign independence or government.
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Directions: Read about Affirmative Defenses and the scenario below then answer the
following questions.
Dr. Gandhi is employed at Seward Hospital, where he is in charge of the Staff
Committee Fund and writes checks on the hospital account for items related to the
administration of the Hospital. Dr. Gandhi is also the head of a group of people who are
purchasing property and building a rehabilitation center on it. Dr. Gandhi also writes
checks for this association. One day, while writing checks for Seward Hospital, Dr.
Gandhi wrote a check for his association using a hospital check. This was discovered
by hospital staff and it was reported to the authorities. It is alleged that he deposited the
Hospital money into his account and he is charged with embezzlement of over 100,000
dollars. Dr. Gandhi has at least 2 million dollars in his personal account.Dr. Gandhi has
hired an attorney. What is his best defense? Explain
Dr. Gandhi's best defense is the defense of mistake. He can argue that he did not intend to embezzle the money, but made a mistake in using the hospital check for his association.
What is the Defense of Mistake?The defense of mistake is a legal defense that can be used in criminal cases where the defendant argues that they did not intend to commit the crime they are being accused of. This defense asserts that the defendant acted under a genuine belief that their actions were lawful, and therefore did not have the criminal intent necessary for a conviction.
This defense can be used in a variety of circumstances, such as when a person makes an error in judgment or misinterprets the law. For example, if a person accidentally writes a check from a company account instead of their personal account, they might be able to use the defense of mistake. The success of this defense will depend on the specific circumstances of the case and the strength of the evidence presented.
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The ability to vote is one of the most important rights in a democracy. People should be able to vote easily, and voting laws should be written to make sure that the largest number of people are able to vote. Voting stations should be easy to get to and should be open early enough so that everyone has time to vote.
Answer:
that's true
Explanation:
in all the questionnaire as already stated it all, electorate should be allowed to exercise their franchise because that's one of the right a citizen of a state or country is entitled to
Can you identify reasons unrelated to prejudice that would lead texas to want to deny education funds to the students in this case?
a new partner who is admitted to the partnership is liable for the existing debts and obligations (antecedent debts) of the partnership only to the extent of their capital contribution
When a new partner is admitted to a partnership, they become liable for the existing debts and obligations (antecedent debts) of the partnership only to the extent of their capital contribution.
What this means is that the new partner is only responsible for the debts and obligations of the partnership up to the amount that they have contributed as capital. If the partnership owes more than that amount, the other partners are still liable for the remainder of the debt.
Basically, a partner is not responsible for any debts that were incurred before they joined the partnership. However, if they contribute to the partnership's capital, they become liable for any debts that are incurred after they become a partner. This is because they have invested in the partnership and stand to benefit from its success.
To illustrate this concept with an example: let's say that a partnership has three partners, A, B, and C. The partnership owes $100,000 in antecedent debts. The partners have each contributed $50,000 to the partnership as capital. If a new partner, D, is admitted to the partnership and contributes $25,000 as capital, they are only liable for up to $25,000 of the antecedent debts. The existing partners, A, B, and C, are still liable for the remaining $75,000 of antecedent debts.
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In which type of jurisdiction does a sovereign
have power over a defendant because the
defendant is accused of engaging in an act either
in or through contact with the place in which the
court is located?
Oa. venue
4
Ob. concurrent jurisdiction
Oc. subject matter jurisdiction
Od. personal jurisdiction
Answer:
b which is concurrent jurisdiction
What is the difference between the establishment clause and free exercise clause
Bernard Madoff, Bear Stearn, and Lehman Brothers all have committed this type of crime
a. Globalization
b. Transnational
c. Green
d. Corporate Enterprise
The responsibility falls on corporations to prioritize ethical business practices and act with integrity towards their stakeholders.
The type of crime committed by Bernard Madoff, Bear Stearns, and Lehman Brothers is corporate enterprise fraud. This type of fraud involves businesses or corporations using illegal means to deceive their investors, customers, and other stakeholders for financial gain. In the case of Bernard Madoff, he ran a massive Ponzi scheme where he used new investors' money to pay off existing investors. Bear Stearns and Lehman Brothers were involved in fraudulent mortgage securities that contributed to the 2008 financial crisis. This type of crime has transnational implications because corporations often operate in multiple countries and their fraudulent activities can have far-reaching effects. Additionally, globalization has increased the interconnectedness of economies, making it easier for corporations to commit fraud across borders. However, the issue at hand is primarily a matter of corporate accountability and ethical behavior. To prevent corporate enterprise fraud, governments need to enforce strict regulations and hold businesses accountable for their actions. It is also essential for investors and stakeholders to conduct due diligence and exercise caution when dealing with corporations. Ultimately, the responsibility falls on corporations to prioritize ethical business practices and act with integrity towards their stakeholders.
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In the planning function, public management's main focus is on the executing the assigned tasks
In the planning function, public management's main focus is on executing the assigned tasks. - False
When organizational management is in the planning phase, this is when it defines its aims, goals, and action plans to accomplish them. One of a firm's most crucial steps is strategic planning because it addresses the organisation's long-term needs. It must be well-structured, contain the organisation's mission, vision, and values, and aid in the achievement of the firm's goals and objectives.
Setting goals, objectives, and priorities as well as creating strategies and action plans to accomplish them are the primary areas of emphasis for public management when performing the planning function. Despite being a crucial component of the implementation stage, carrying out given duties is not the primary concern of the planning function.
Complete Question:
In the planning function, public management's main focus is on executing the assigned tasks. True/False
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what can local law enforcement agencies do to prevent terrorism? What about communities? Will community partnerships have any effect on terrorism? How realistic do you think it is that any of these will affect terrorism? In your explanation, reference an example you can use for the side that you have chosen.
Read the Opp v. Wheaton Van Lines case (found under the Miscellaneous Documents tab) and answer the following question: 1. What could Wheaton Van Lines have done to obligate Mrs. Opp to the contract?
Wheaton Van Lines could have taken certain actions to obligate Mrs. Opp to the contract in the Opp v. Wheaton Van Lines case.
In the Opp v. Wheaton Van Lines case, Wheaton Van Lines could have done the following to obligate Mrs. Opp to the contract:
Offered a valid contract: Wheaton Van Lines could have presented Mrs. Opp with a valid and legally enforceable contract. This contract should have contained all the necessary elements, such as offer, acceptance, consideration, and intention to create legal relations.
Obtained Mrs. Opp's consent: Wheaton Van Lines should have ensured that Mrs. Opp fully understood the terms and conditions of the contract and willingly agreed to them. This could have been achieved through clear communication and providing Mrs. Opp with sufficient time to review and ask questions about the contract.
Demonstrated mutual assent: Wheaton Van Lines could have shown that both parties intended to enter into a binding agreement. This could have been done by having both parties sign the contract or providing evidence of Mrs. Opp's verbal agreement.
Complied with legal requirements: Wheaton Van Lines should have complied with any legal requirements, such as disclosing all relevant information, adhering to consumer protection laws, and avoiding any fraudulent or misleading practices.
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