Term limits on government officials are nearly always imposed through legislation.
This means that a law or constitutional amendment is passed that limits the number of terms an individual can serve in a particular office or position. In some cases, term limits may also be imposed through voter initiatives or referendums, where citizens can directly vote on whether or not to impose term limits on elected officials.
Term limits refer to restrictions on the number of times an elected official can hold a particular office or position. These limits are often put in place to prevent elected officials from becoming too entrenched in their positions, and to promote greater turnover and diversity in government.
Term limits can be imposed at various levels of government, including local, state, and federal levels. In the United States, for example, the U.S. President is limited to two four-year terms, as established by the 22nd Amendment to the Constitution. Similarly, many states and local governments have term limits for their elected officials, such as governors, mayors, and state legislators.
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though most of the medical experimentation by the military took place decades ago, soldiers in what recent conflict were given an unapproved pretreatment for nerve gas attacks without their knowledge?
Answer:
Persian Gulf War
Explanation:
Legal documents put together by the British Crown to dictate the governance of the colonies were called ______.
contracts
constitutions
charters
companies
Option C: The official documents the British Crown drafted to outline how the colonies should be managed are known as colonial charters.
A colony's charter establishes its legitimacy as a legal entity. Colonial charters were regarded as legitimate when the king awarded owners or a settlement company sole control over the management of land.
According to the colony's charters, there was no connection between the Crown and the colony's mother country. Trading companies in England were given the power to govern themselves by charters. The colony's administration, laws, and ordinances would be decided by the officers, but only as a conformation for the laws of England.
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the legal health record must meet standards as defined by the following
federal regulations, state laws, accreditation body standards
The legal health record must adhere to federal regulations, state laws, and accreditation body standards. These regulations and standards ensure that healthcare organizations maintain accurate and complete records while safeguarding patient privacy and confidentiality.
At the federal level, the Health Insurance Portability and Accountability Act (HIPAA) sets standards for protecting the privacy and security of personal health information.
The Centers for Medicare and Medicaid Services (CMS) also have regulations in place to ensure that healthcare organizations receiving federal funds maintain accurate records.
State laws may vary, but they typically require healthcare organizations to maintain records for a certain period of time and to provide patients with access to their records.
Accreditation bodies such as The Joint Commission also set standards for record-keeping practices to ensure compliance with patient safety and quality of care standards.
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Yes, that is correct. The legal health record must meet standards as defined by federal regulations such as HIPAA, state laws regarding health information privacy and security, and accreditation body standards such as those set by The Joint Commission.
Additionally, the content loaded into the legal health record must adhere to these standards in order to maintain compliance and protect patient confidentiality. The legal health record must meet standards as defined by federal regulations, state laws, and accreditation body standards to ensure the proper management and protection of patient information. These standards help maintain the accuracy, privacy, and security of health records while promoting effective healthcare practices. Compliance with these standards is essential for healthcare providers and organizations.
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each party in a lawsuit has the right to examine evidence held by the other side.this is accomplished through
Each party in a lawsuit has the right to examine evidence held by the other side. This is accomplished through discovery.
A lawsuit is a legal action brought by a few parties against another in an ordinary court of law. The ancient term "suit in law" appears in only a few laws that are still in force today.
A lawsuit is an administrative proceeding brought by one person or business entity (the plaintiff) vs an additional individual or organization (the defendant) in a court of law. The case may be considered by a court on legal grounds or a court of equity, based on the remedy demanded & the venue whence the complainant brings the action.
The term case has a broad meaning that encompasses civil processes other than a suit. a series of situations or conditions. A suit is a legal action, a motion to serve justice and a cause.
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Complete question:
Each party in a lawsuit has the right to examine evidence held by the other side. This is accomplished through
Each party in a lawsuit has the right to examine evidence held by the other side. This is accomplished through the process of "discovery."
Discovery allows both parties to gather relevant information and evidence, ensuring a fair and transparent legal proceeding.The process by which each party in a lawsuit has the right to examine evidence held by the other side is known as discovery. This involves requesting and exchanging documents, witness statements, and other relevant information that may be used as evidence in the case. This helps ensure that both sides have a fair and complete understanding of the evidence before proceeding with the trial or settlement negotiations.
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evidence that is acquired through the use of illegally obtained evidence and is therefore inadmissible in court is called: aj
Answer:
Exclusionary Rule
Explanation:
in 2003, the u.s. department of justice banned its practice of racial profiling in all federal law enforcement agencies, except in cases involving ________.
In 2003, the U.S. Department of Justice banned its practice of racial profiling in all federal law enforcement agencies, except in cases involving national security.
Racial profiling refers to the practice of using race, ethnicity, or other protected characteristics as the basis for law enforcement decisions, such as stopping, questioning, or searching individuals, without reasonable suspicion or probable cause.
In an effort to address concerns of discriminatory practices, the U.S. Department of Justice implemented guidelines in 2003 that prohibited the use of racial profiling in federal law enforcement agencies, with exceptions for cases involving national security.
National security is often considered a unique context where law enforcement agencies may have heightened authority to take actions to protect the safety and security of the country.
However, the use of racial profiling even in cases involving national security remains a complex and controversial topic, as it raises concerns about civil liberties, human rights, and discrimination.
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the degree to which members of the texas republican party have become more conservative and members of the texas democratic party have become more liberal is referred to as
The degree to which members of the Texas Republican Party have become more conservative and members of the Texas Democratic Party have become more liberal is commonly referred to as political polarization.
Political polarization occurs when individuals and groups become increasingly ideologically divided and less willing to compromise on policy issues.
In Texas, this trend has been particularly pronounced in recent years, with many Republicans moving further to the right on issues like immigration, gun rights, and abortion, while Democrats have shifted to the left on issues like healthcare, climate change, and social justice.
This trend has led to increased political gridlock and difficulty passing meaningful legislation, as the two parties become increasingly entrenched in their respective positions.
As a result, many analysts argue that reducing political polarization is essential for improving the functioning of government and promoting constructive dialogue between different groups in society.
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Adjudicatory hearings must be held within 30 days of the time the petition is filed, this timeline is by ______.
a. procedural guidelines
b. statutory requirement
c. administrative procedures
d. none of the above
Answer:
b. statutory requirement
Explanation:
The first step in the property tax protest procedure is to file an appeal with the Value Adjustment Board. A. True B. False.
True. Property tax protest procedures typically begin with filing an appeal with the Value Adjustment Board (VAB).
This board is appointed by the local government and is responsible for hearing appeals from taxpayers who believe their property has been improperly assessed by the local tax authorities. The VAB will review the taxpayer's appeal and consider evidence that the assessed value of the property is either too high or too low.
If the VAB finds in favor of the taxpayer, they will adjust the assessed value accordingly. This adjusted value is then used to calculate the taxpayer's property taxes for the year.
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QUESTION 2 Read the following scenarios and identify whether the contract described in each is valid, void or voidable. In each instance, also indicate which factor (potentially) influences consensus: 2.1 John buys two tickets to a movie from Andile. John is under the impression that he is buying the tickets from a woman named "Ayanda". (2) 2.2 Tshidi kidnaps Rabelani's daughter and uses this as leverage to force Rabelani to sell his house to Tshidi at a ridiculously low price. (2) 2.3 Maggie tries to convince Lelo to buy her three-year-old fridge. Maggie lies to Lelo and tells her that the fridge was bought last month and that it was only used for two days. Based on this false information, Lelo buys the fridge from Maggie. (2) [6] 1
............................
The contracts in scenarios 2.1, 2.2, and 2.3 are voidable, void, and voidable respectively.
In scenario 2.1, the contract between John and Andile is voidable. The factor that influences consensus is the false impression that John had about the seller. In scenario 2.2, the contract between Tshidi and Rabelani is void because it was entered into under duress. Kidnapping is illegal and therefore renders the contract invalid. In scenario 2.3, the contract between Maggie and Lelo is voidable. The false information provided by Maggie influenced Lelo's decision to buy the fridge.
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In a multicultural society as South Africa misunderstandings are bound to happen. Provide us with an example where you had an encounter with someone from a different culture, race or language group where there was a misunderstanding experienced when greeting or communicating? Elaborate. (1
Answer:
Imagine a scenario where a South African businessperson is meeting with a potential client from Japan. In Japanese culture, it is customary to bow as a sign of respect when greeting someone, while in South African culture, it is common to shake hands.
When the Japanese client arrives, they bow, but the South African businessperson is not familiar with this custom and extends their hand for a handshake. The Japanese client may interpret this as a sign of disrespect or lack of cultural awareness, leading to a potential misunderstanding.
Furthermore, during the meeting, the Japanese client may speak softly and avoid direct eye contact, which can be interpreted as a lack of confidence or interest by the South African businessperson, who is accustomed to more direct communication styles.
In this situation, it is essential to recognize and understand the cultural differences and to approach the interaction with an open mind and a willingness to learn. A simple gesture like asking about cultural customs or preferences can go a long way in avoiding misunderstandings and building a positive relationship.
Explanation:
after an adjudicatory hearing, the juvenile ______ is often tasked with conducting a social background investigation.
After an adjudicatory hearing, the juvenile probation officer is often tasked with conducting a social background investigation.
A probationary or parole officer is a public official who is appointed or sworn to investigate, inform, and monitor the behavior of convicted felons on supervision or those transferred from incarceration to social oversight, such as parole.
Probation officials assist lawbreakers in rehabilitating and bettering themselves. They provide guidance to probationers that ensure that they refrain from participating in criminal conduct while on probation. Aside from employment stability, being a probationary officer allows you to give back to the community.
A parole officer is an official of the courts who regularly meets with individuals who have been condemned to supervised probation. These individuals are typically perpetrators and modest criminals. The great majority of probationary offenders are first-time offenders.
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After an adjudicatory hearing, the juvenile probation officer is often tasked with conducting a social background investigation.
After an adjudicatory hearing, the juvenile probation officer is often tasked with conducting a social background investigation. This investigation involves gathering information about the youth's family, school, and community to better understand their circumstances and help inform any potential sentencing or rehabilitation plans. The information gathered may include interviews with family members, teachers, and other community members, as well as a review of the youth's educational and medical records. This process helps the court to make more informed decisions about the youth's future and provides valuable insights into how best to support their rehabilitation and reintegration into society.
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mary jones stopped to help an individual who was in a car crash. the individual later brought a civil case against ms. jones alleging she contributed to injuries the person received at the site of the accident although ms. jones had nothing to do with the accident. what defense from liability may ms. jones rely on in this situation?
An advocate using the "goals case" organizational format would first present the criteria that will be used to guide the selection of the appropriate course of action.
A) True
B) False
True: An advocate who uses the "goals case" organizational structure would start by outlining the standards that will be applied to help decide on the best course of action.
If your goal isn't obvious and defined, you won't be able to concentrate your efforts or feel fully motivated to accomplish it. Your goal must be realistic and attainable in order to be successful. Therefore, it should be difficult for you but still manageable.
You might discover chances or resources that you had never considered before that will help you reach your goals if you set attainable goals. While we all need assistance and backing to complete our goals, it's essential to keep control over them.
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Why are a growing number of constitutional scholars, lawyers and judges questioning its wisdom? Exclusionary rule:
The exclusionary rule is: a legal principle in the United States that prevents evidence collected or analyzed in violation of the defendant's constitutional rights from being used in a court of law.
Its purpose is to deter law enforcement officers from conducting unlawful searches and seizures and to ensure that individuals' rights under the Fourth Amendment are protected.
A growing number of constitutional scholars, lawyers, and judges are questioning the wisdom of the exclusionary rule for several reasons.
First, they argue that it can result in guilty criminals being set free because crucial evidence is deemed inadmissible.
Second, some believe that the rule's deterrent effect on police misconduct is limited, as there are alternative remedies, such as civil lawsuits and internal disciplinary actions.
Lastly, critics argue that the exclusionary rule is overly broad, and that there should be exceptions to allow for the admissibility of evidence in certain cases, such as when the violation was made in good faith or when the evidence would have been discovered eventually.
In summary, the exclusionary rule is designed to protect individuals' constitutional rights by excluding unlawfully obtained evidence from trials. However, its effectiveness and fairness are increasingly being debated by legal experts who question whether it is the best method to achieve its goals.
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Complete question:
What is the exclusionary rule? What is its purpose? Why are a growing number of constitutional scholars, lawyers and judges questioning its wisdom?
A constitutional principle known as the exclusionary rule forbids the use of evidence gathered through unauthorised searches or seizures in court. The efficacy and wisdom of this rule, however, have been the subject of an expanding discussion among constitutional scholars, attorneys, and judges in recent years. Others contend that it is an essential safeguard against unconstitutional searches and seizures. Some claim that it makes it more difficult for law enforcement to adequately investigate and prosecute criminal activities. The continuous debate over the exclusionary rule ultimately emphasises the complexity and nuance of constitutional law as well as the continual demand for careful and thorough legal examination.
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colorado law when contemplating stopping distances, the three critical factors to be considered are:
Answer:
The driver's reaction time. Brake leg. Braking distance
Explanation:
Nkombe and smet classification of African philosophy strengths and weaknesses
An attempt is made to classify the various philosophical traditions that exist on the African continent using the Nkombe and Smet classification of African philosophy.
Strengths and weaknesses of African philosophy as classified by Nkombe and Smet?This classification system's recognition of the diversity of African philosophy and the various factors that have shaped it, including colonialism and cultural exchange, is one of its main advantages. Additionally, it enables a more nuanced comprehension of the various philosophical traditions and their individual contributions to the subject. The classification system, according to some critics, can be constrictive, reinforce stereotypes, or essentialize particular philosophical traditions. The process of classifying philosophies can also be subjective and may not fully reflect the nuanced differences between each tradition.
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What is the Nkombe and smet classification of African philosophy? What are its strengths and weaknesses?
How do we determine the limits of our responsibilities to strangers?
Gender can play a significant role in determining the limits of our obligations to strangers.
Moral obligations of a Mother-For instance, moms usually shoulder the majority of the burden of parenting their children.
Do moms have different moral obligations than other people? Would you say that a mother leaving her own kids to feed malnourished children in Haiti goes beyond the bounds of moral obligation.
What happens when a mother from Haiti abandons her own children to look after rich children in the first world in order to provide assistance for her family back home.
Determinants of Moral Responsibility-1) The connection between the agent's actions and the harm that resulted; and 2) The morality of the action without consideration for the effects. Subjects' assessments of the agent's accountability were observed to vary in situations when these two features were at odds, particularly when the injury was not directly caused by the act that was held accountable.
Hence, we can say Gender can be used determine the limits of our responsibilities to strangers.
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If the police initiate an arrest in a persons home, because of the law regarding search incident to arrest, they could search the entire residence, including opening drawers, closest, and trunks. (true or false)
The statement you provided is false. While the police can conduct a search incident to arrest, they are generally limited to searching the person and their immediate surroundings for weapons, evidence, or contraband.
Searching the entire residence, including opening drawers, closets, and trunks, would typically require a separate search warrant.
However, the search incident to arrest exception does not typically authorize a search of an entire residence or other locations beyond the immediate area within the arrestee's control.
For example, opening drawers, closets, trunks, or searching other rooms of a residence would generally require a separate search warrant, unless another exception to the warrant requirement applies.
There are other exceptions to the warrant requirement, such as consent, exigent circumstances, and the plain view doctrine, which allow police officers to conduct searches without a warrant under certain circumstances. However, these exceptions are narrowly construed, and the general rule is that a warrant is required for searches and seizures.
It's important to note that the legality of a search may be subject to interpretation and may depend on the specific facts and circumstances of a case. If evidence is obtained through an illegal search or seizure, it may be excluded from court proceedings as a violation of the Fourth Amendment's protection against unreasonable searches and seizures.
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"might makes right" is a bad definition of justice (to socrates), since it leads to
Socrates rejected the idea that "might makes right" as a definition of justice because he believed that it leads to moral relativism and the oppression of the weak by the strong.
According to Socrates, justice is not simply a matter of power or strength, but rather an objective and universal principle that applies equally to all individuals.
If justice were simply a matter of power, then those who are stronger or more influential would be able to dictate what is right and wrong, regardless of whether their actions are actually just or unjust.
This would lead to a situation where the weak are oppressed by the strong, and where there is no objective standard of morality to guide human behavior.
Socrates believed that justice should be based on reason, rather than on power or strength. He argued that justice is an intrinsic quality that is based on the nature of things, rather than on the arbitrary whims of individuals or societies.
For Socrates, justice is a fundamental principle that governs all human relationships and interactions, and that is essential for the well-being and flourishing of individuals and societies.
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"Might makes right" is a bad definition of justice according to Socrates, as it leads to the idea that power and strength dictate morality, which can result in oppression and inequality. Socrates believed in a more principled and fair approach to justice, focusing on virtue and wisdom instead.
"Might makes right" is a flawed concept of justice according to Socrates because it implies that those who are stronger or more powerful have the right to make decisions and impose their will upon others. This approach disregards the value of fairness and impartiality, which are essential to a just society. Additionally, it creates a dangerous power dynamic where those in control can abuse their authority and exploit those who are weaker. Therefore, Socrates believed that justice should be based on objective principles and universal standards, not on the arbitrary exercise of power. It is important to have content loaded with the understanding that justice must be grounded in reason and morality, not in the mere exercise of strength.
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explain the importance of three supreme court cases concerning the death penalty?
The three Supreme Court cases concerning the death penalty that are particularly important are Furman v. Georgia, Gregg v. Georgia, and Roper v. Simmons. Furman v. Georgia (1972).
Held that the death penalty as applied at the time was unconstitutional because it was being imposed in an arbitrary and capricious manner, violating the Eighth Amendment's prohibition against cruel and unusual punishment.
Gregg v. Georgia (1976) allowed the use of the death penalty if it was imposed in a manner that was not arbitrary or capricious, establishing a framework for determining whether the death penalty was constitutional or not. Roper v.
Simmons (2005) held that the execution of offenders who were under 18 years of age at the time of their crimes was cruel and unusual punishment, and therefore unconstitutional. These cases have been significant in shaping the application and constitutionality of the death penalty in the United States.
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These three cases illustrate the importance of the Supreme Court in shaping the application of the death penalty in the United States. The Court has the power to strike down laws and procedures that it deems unconstitutional, and these cases have had a profound impact on the administration of justice in the United States.
The topic of the death penalty has been heavily debated and has resulted in several landmark Supreme Court cases. Three of the most important cases include Furman v. Georgia, Gregg v. Georgia, and Roper v. Simmons.
Furman v. Georgia (1972) ruled that the death penalty was unconstitutional as it was being applied at the time. The court held that the arbitrary and capricious imposition of the death penalty violated the Eighth and Fourteenth Amendments. This decision led to a moratorium on the death penalty across the country until new procedures were established.
Gregg v. Georgia (1976) upheld Georgia's new death penalty statute, which was revised to address the issues highlighted in Furman. The court held that the death penalty was constitutional if it was imposed fairly and with specific guidelines. This case resulted in the reinstatement of the death penalty across the country.
Roper v. Simmons (2005) ruled that the death penalty could not be imposed on individuals who were under 18 at the time of their crime. The court held that the evolving standards of decency in society no longer supported the execution of minors. This decision effectively ended the practice of executing juveniles in the United States.
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What is the purpose of appointing a conservator?
• A. To protect and preserve your most valuable assets
• B. To care for and restore estate assets
O c. To care for minor children should their parents die
D. To protect business interests after you die
The purpose of appointing a conservator is to protect business interests after you die. Thus, option D is correct.
What is a conservatory?A conservatory, often known as the conservatee, is a person who is designated by a court to handle the money matters and/or intimate matters of another person.
The appointment of a conservator is made with the intent of safeguarding and managing the assets and/or personal welfare of the conservatee, who may not be capable of doing so owing to physical or mental incapacity, developmental impairment, or other factors.
A conservator, who is frequently appointed by a court, is in charge of looking after the person's finances and managing their assets. Depending on the requirements of the individual and the details of the conservatorship order, the particular duties of a conservator may change. Therefore, it can be concluded that option D is correct.
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what is preemption in the supremacy clause?federal law is supreme over state law.state law that does not conflict with federal law preempts federal law.federal law cannot preempt certain areas of state law as delineated in the supremacy clause.preemption is not addressed in the supremacy clause. it is addressed in other areas of the u.s. constitution.
The correct answer is: Federal law is supreme over state law.
The Supremacy Clause of the United States Constitution provides that the federal law is the supreme law of the land, meaning that it takes precedence over state law. This concept is known as preemption. If a federal law and a state law conflict, the federal law preempts the state law and the state law is deemed invalid. This principle is based on the idea that a national government should have the final say in matters of national concern, while states retain the power to regulate matters that affect their own citizens.The Supremacy Clause is found in Article VI, Clause 2 of the United States Constitution. It establishes that the federal Constitution, and federal law generally, take precedence over state laws, and even state constitutions. This means that if a state law conflicts with a federal law, the federal law must be followed.
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texas has ________ laws dealing with lobbying by former government officials. a. weak b. numerous c. strong d. no
Texas has strong laws dealing with lobbying by former government officials. So, the correct answer is C. strong.
These laws require a cooling-off period before a former official can engage in lobbying activities, as well as strict disclosure requirements for lobbyists and their clients. The Texas Ethics Commission is responsible for enforcing these laws and can impose penalties for violations.
Lobbying is a common practice in Texas, with numerous interest groups and organizations vying for influence over the policymaking process. Lobbyists often use their relationships with former government officials to gain access and influence in the decision-making process.
However, the strong laws in Texas aim to prevent undue influence and promote transparency in the lobbying process. Overall, the state has taken significant steps to regulate lobbying activities and ensure that former officials do not use their positions to benefit themselves or their clients.
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The Twenty-Seventh Amendment is the most recent amendment to the Constitution. Its
existence today can be traced to a college student who proposed the idea in a term paper
and was given a C by his professor for the idea.
In 1982, a college student, Gregory Watson, discovered that an amendment to the
Constitution had been ratified by six states by 1792 and could still be added to the
Constitution because Congress had never stipulated a time limit for states to consider it
for ratification. Watson started a self-financed, grassroots campaign to get the
amendment ratified. He wrote letters to state officials, urging them to pass the
amendment.
Maine was the first state to respond to Watson’s campaign, ratifying the amendment in
1983. In 1992, Michigan became the 38th state to ratify the amendment, casting the final
vote needed to make the proposed amendment an actual part of the United States
Constitution.
The amendment that Watson lobbied for states the following: "No law, varying the
compensation for the services of the Senators and Representatives, shall take effect, until
an election of Representatives shall have intervened. "
In short, the Twenty-Seventh Amendment states that a sitting Congress cannot give itself
a raise or cut its pay during its current session. Any pay raise or cut would take effect for
the next Congress.
A. Describe the process of passing a constitutional amendment in Congress.
B. Explain how the states affect the process described in Part (A).
C. The Equal Rights Amendment was passed by Congress but never ratified by the states.
Many other proposed amendments have shared the same fate. Explain how the high bar
in passing amendments, as illustrated in these examples, reflects the Framers’ ideas about
government
a) To pass a constitutional amendment in Congress, the amendment will be proposed and then ratified.
b) The states have the power to call for a constitutional convention.
c) The high bar in passing amendments, as illustrated by the failure of the Equal Rights Amendment and other proposed amendments, reflects the Framers' ideas about government.
A. To pass a constitutional amendment in Congress, the amendment must first be proposed by either two-thirds of both the Senate and the House of Representatives or by a constitutional convention called for by two-thirds of state legislatures.
Once proposed, the amendment must be ratified by three-fourths of state legislatures or by conventions in three-fourths of states, depending on how Congress chooses to submit the amendment.
This process requires a high level of agreement and coordination between the federal and state governments, making it intentionally difficult to amend the Constitution.
B. The states play a crucial role in the process of passing a constitutional amendment. After Congress proposes an amendment, it must be ratified by three-fourths of state legislatures or by conventions in three-fourths of states, depending on how Congress chooses to submit the amendment.
This requirement ensures that the amendment has widespread support across the country and is not simply imposed by the federal government. The states also have the power to call for a constitutional convention to propose amendments, although this process has never been used.
C. The Framers believed that changes to the Constitution should not be made lightly and should require a broad consensus among the states and the federal government. The difficulty of passing amendments ensures that the Constitution remains a stable and enduring document, while also allowing for necessary changes to be made over time.
This process balances the need for stability with the need for progress, reflecting the Framers' belief in a government that can evolve with the times while preserving its core principles.
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The process to pass a constitutional amendment involves both Congress and state legislatures. First, Congress or state legislatures propose an amendment. Then, three-fourths of the states must ratify the amendment for it to become part of the Constitution. The high ratification bar ensures stability and reflects the framers' vision.
Explanation:Passing an amendment to the constitution begins with the proposal of a new amendment, either through a two-thirds vote in both houses of Congress or by a national convention assembled at the request of two-thirds of the state legislatures.
States play a crucial role in the ratification process. Once Congress proposes an amendment, the Archivist of the United States sends it to the governors of each state, who then submit it to their respective state legislatures. For it to become part of the Constitution, three-fourths of the states must ratify (approve) the amendment.
The high bar for passing amendments reflects how the Framers of the constitution wanted to ensure stability and prevent impulsive changes to the constitution. The case of the Equal Rights Amendment, which was passed by Congress but not ratified by enough states, exemplifies this. It's a mechanism meant to preserve the robustness of the United States Constitution.
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Response: Ethical Scenarios
The following situations present ethical dilemmas faced by attorneys. Examine each case and decide whether the attorney acted ethically or unethically. Explain your answers.
Susan, a criminal defense attorney, knows her client is guilty; nevertheless, she tries to convince a jury he is not guilty.
Ozzie, a domestic relations attorney handling a divorce, has sexual relations with his female client.
Marta, attorney for the family of a man killed in an auto accident, visits a bar and comes across a juror in the case she is trying. She has a drink with a juror.
Mike is a real estate attorney who knows that most attorneys charge only $300. 00 to handle the legal work involved in buying a home. Since his wealthy client is new in town and does not know the normal rate. Mike charges him $500. 00
Marcus, a criminal defense attorney puts his client on the stand to testify to her innocence even though Marcus knows she is lying.
Jose, a corporate lawyer, asked by a wealthy client to recommend her son for admission to the state bar. Jose says yes
a) Susan, the criminal defense attorney, acted unethically.
b) Ozzie, the domestic relations attorney, acted unethically.
c) Marta, the attorney for the family of a man killed in an auto accident, acted unethically.
d) Mike, the real estate attorney, acted unethically.
e) Marcus, the criminal defense attorney, acted unethically.
f) Jose, the corporate lawyer, acted unethically.
a) Susan, the criminal defense attorney, acted unethically by trying to convince a jury that her client was not guilty when she knew he was. As an officer of the court, Susan has a duty to uphold the law and maintain the integrity of the legal system. By knowingly presenting false evidence and arguments, she violated her ethical obligations as a lawyer.
b) Ozzie, the domestic relations attorney, acted unethically by engaging in sexual relations with his client. This behavior is a violation of professional boundaries and can compromise the attorney-client relationship, which is based on trust and confidentiality.
Ozzie's actions may also be considered a form of sexual harassment, which is unethical and illegal.
c) Marta, the attorney for the family of a man killed in an auto accident, acted unethically by having a drink with a juror in the case she is trying. This behavior creates the appearance of impropriety and can compromise the fairness of the trial.
Marta should have avoided any contact with jurors outside the courtroom to avoid any perception of bias or undue influence.
d) Mike, the real estate attorney, acted unethically by charging his wealthy client more than the standard rate for legal work involved in buying a home. This behavior is a violation of the attorney's duty of loyalty and fiduciary duty to the client.
Mike should have charged the client a reasonable and customary fee based on the prevailing rates for similar legal work.
e) Marcus, the criminal defense attorney, acted unethically by putting his client on the stand to testify to her innocence when he knew she was lying. This behavior is a violation of the attorney's duty of candor and honesty to the court.
Marcus should have advised his client against lying and should have presented only truthful and accurate evidence in the case.
f) Jose, the corporate lawyer, acted unethically by recommending a client's son for admission to the state bar without regard to the son's qualifications.
This behavior is a violation of the attorney's duty of professionalism and can compromise the integrity of the legal profession. Jose should have recommended the son based solely on his qualifications and without any undue influence or favoritism.
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in the united states, individuals accused or suspected of a crime are entitled to – , which protects them from arbitrary action by – .
In the United States, individuals accused or suspected of a crime are entitled to due process of law, which protects them from arbitrary action by national or state governments.
An individual who is suspected of committing a crime but has not been adjudicated guilty is known as a suspect. A suspect may be referred to as a defendant if they were the subject of an arrest warrant, and they would be known as an offender if they had been found guilty or had been found guilty after being found guilty.
An officer must genuinely believe that both the suspect and the offense for which they are being detained have been committed before they may make an arrest. If there was a reasonable cause for suspicion, any reasonable person would believe such a crime was taking place, already occurred, or was due to be committed very soon.
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the civil liberties protections in the – have largely been incorporated to apply to states through the due process clause of the
The Fourteenth Amendment of the United States Constitution was ratified in 1868 and was intended to protect the rights of African Americans and other minorities.
One of the key features of the Fourteenth Amendment is the Due Process Clause, which states that no state shall “deprive any person of life, liberty, or property, without due process of law.” This clause has been used to extend the civil liberties protections of the Bill of Rights to the states.
This means that the protections of the First, Fourth, Fifth, Sixth, and Eighth Amendments, which previously only applied to the federal government, now also apply to the states. This allows individuals to use the Bill of Rights to protect themselves against violations of their civil liberties by state governments.
The incorporation of the Bill of Rights through the Due Process Clause of the Fourteenth Amendment has enabled individuals to protect their individual rights and liberties at both the federal and state levels.
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Through the due process provision of the Fourteenth Amendment, the Constitution's guarantees for civil rights have essentially been extended to the states.
The civil liberties protections in the Constitution have largely been incorporated to apply to states through the due process clause of the Fourteenth Amendment. This means that the Bill of Rights, which originally only applied to the federal government, now also applies to state governments. The incorporation of civil liberties protections has been a gradual process through court cases and interpretations of the Constitution. However, there are still some rights that have not been fully incorporated and continue to be debated in the legal system.
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analyses conducted by police to determine the level of future danger that a victim of domestic violence may be in are known as:
Analyses conducted by police to determine the level of future danger that a victim of domestic violence may be in are known as Lethality assessment.
An evaluation that forecasts the probability of fatalities or major injuries is known as a lethality assessment. It provides a rapid and effective technique to identify victims of domestic violence who are at the greatest danger of being killed or severely injured by their intimate partners. Increased incidence of killings of women and men in violent relationships has been linked to certain risk variables.
The Lethality Assessment Program (LAP) connects victims and survivors of intimate partner violence (IPV) with support and safety planning services while also educating them about murder risk factors. The cornerstones of this intervention are cooperation, education, and self-determination.
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dollree mapp was convicted of possessing obscene materials after an admittedly illegal police search of her home for a fugitive. she appealed her conviction on the basis of
Dollree Mapp appealed her conviction on the basis of the Fourth Amendment to the United States Constitution, which protects citizens from unreasonable searches and seizures.
Mapp argued that the evidence used to convict her (the obscene materials found during the illegal search) should have been excluded from her trial because it was obtained through an illegal search and seizure by the police.
The case, Mapp v. Ohio, was eventually heard by the United States Supreme Court in 1961. In a landmark decision, the Court ruled that evidence obtained through an illegal search and seizure is inadmissible in state courts, as well as in federal courts. This is known as the "exclusionary rule."
The Court's decision in Mapp v. Ohio was a significant victory for civil liberties and helped to establish the principle that police must respect the Fourth Amendment and obtain proper search warrants before conducting searches of individuals' homes and property. The exclusionary rule remains an important part of the criminal justice system today, serving as a key check on police power and protecting citizens' constitutional rights.
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