Even if a declarant gives a statement to police concerning an alleged crime, that statement could still qualify as non-testimonial if police question the declarant while responding to an _________ ____________ (two words). The Supreme Court demarcated this boundary for testimonial hearsay in Davis v. Washington, 126 S. Ct. 2266 (2006), where the primary purpose of the questioning was not to collect evidence of a past crime, but to secure the scene and protect the declarant.
Courts applying the Davis exception most often summarize it with phrases such as "ongoing emergency" or "emergency situation." When police are responding to an ongoing emergency, their motive is to ensure the safety of all concerned, not to collect evidence. The Supreme Court ruled in Davis that statements elicited by police while responding to an ongoing emergency are not testimonial for purposes of the Confronta

Answers

Answer 1

Courts applying the Davis exception most often summarize it with phrases such as "ongoing emergency" or "emergency situation." When police are responding to an ongoing emergency, their motive is to ensure the safety of all concerned, not to collect evidence. The Supreme Court ruled in Davis that statements elicited by police while responding to an ongoing emergency are not testimonial for purposes of the Confrontation Clause.

Testimonial” hearsay is a statement that:

-ITlooks like the kind of testimony that would be offered at trial in aid of prosecution;

-It is made when the circumstances objectively indicate that there is no ongoing emergency; and

-The primary purpose of the interrogation is to establish or prove past events potentially relevant to a later criminal prosecution.

The Confrontation Clause of the United States Constitution protects the right of a criminal defendant to be confronted by his or her accusers in Court and to cross-examine any testimony that they may offer. The admission of hearsay (an out-of-court statement) – even if admissible under an exception to the rule against hearsay – can be in direct conflict with the right of Confrontation.

On the other hand, “non-testimonial” hearsay is a statement that:

-It is made primarily for the purpose of assisting police to meet an ongoing emergency; or

-It was made primarily for a purpose other than discovering, establishing or proving past events potentially relevant to later criminal prosecution.

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Related Questions

Opening statements are just statements, and cannot be considered as evidence by the jury

True or False

Answers

Answer:

I say false

Explanation:

when a printed form is used, the typewritten material takes precedence over the handwritten material.

Answers

This is because typewritten material is easier to read and verify for accuracy. Handwritten material is more prone to errors, as handwriting can be difficult to read and interpret.

In cases where there are discrepancies between the two, the typewritten material is the preferred format. This is because typewritten material can be more easily edited if there is an error, whereas handwritten material would need to be completely rewritten.

Furthermore, typewritten material is seen as more reputable, as it is seen as more professional and precise. All in all, typewritten material is given preference over handwritten material in cases of discrepancy due to its accuracy, ease of verification, and editability.

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Turning the wheels when parking on hills is needed to help prevent vehicle rollaways.
O
True
a)
b)
False

Answers

Answer:

the question is a bit ambitious. From a physics point of view, it helps. But from a legal point of view, what is required is just the handbreak

Explanation:

In a Capitalist system market forces, not the government,

Answers

Answer: Capitalism refers to an economic system in which a society's means of production are held by private individuals or organizations, not the government, and where products, prices, and the distribution of goods are determined mainly by competition in a free market.

Explanation: This answer from the microeconomics class.

Charlotte chambers and other oklahoma residents chartered a van in oklahoma from keemah charter, a louisiana corporation, to attend a basketball tournament in new mexico. While travelling from oklahoma to new mexico, the van stopped in texas. Chambers fell on the steps in the van and broke her ankle. She sued, claiming that keemah failed to maintain the van in a safe condition. Keemah contended that the plaintiff's carelessness caused her injury. Which of the following state's law should apply to the case? a. texas law should apply to the case because that is where the injury occurred. b. oklahoma law should apply to the case because that is where the contract was made. c. new mexico law should apply to the case because that is where the contract was performed.

d. louisiana law should apply to the case because keemah charter is a louisiana corporation.

Answers

Analyzing the state's law will be the application of the rules that can differentiate the rules of law. In this scenario, without specific information about the choice of law rules in each relevant jurisdiction, it is difficult to provide a definitive answer. However, I can provide some general principles that may help in making the determination.

Typically, courts apply the law of the state with the most significant relationship to the case. Given the information provided, let's analyze each option:

a. Texas law should apply to the case because that is where the injury occurred.

This option suggests that the law of the state where the injury occurred should apply. While the injury happened in Texas, it does not necessarily mean that Texas law automatically applies.

b. Oklahoma law should apply to the case because that is where the contract was made.

This option suggests that the law of the state where the contract was made should apply. If the contract between Charlotte Chambers and  Charter was formed in Oklahoma, it could be argued that Oklahoma law should apply.

c. New Mexico law should apply to the case because that is where the contract was performed.

This option suggests that the law of the state where the contract was performed should apply. If the primary purpose of the contract was transportation to and from New Mexico for the basketball tournament, it could be argued that New Mexico law should apply.

d. Louisiana law should apply to the case because Charter is a Louisiana corporation.

This option suggests that the law of the state where the defendant corporation is incorporated should apply. If  Charter is indeed a Louisiana corporation, it could be argued that Louisiana law should apply. However, the law of the state of incorporation does not always automatically govern all aspects of a case.

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(HELP I'LL GIVE YOU BRAINLIEST! ) Which criminologist from history is MOST likely to agree with this statement: It doesn’t matter if you raise a child correctly; if they are born without the ability to understand how others feel, they will end up as psychopaths.


A.

Michael Gottfredson


B.

William H. Sheldon


C.

Hans Eysenck


D.

Gabriel Tarde

Answers

Answer:

D.) Gabriel Tarde

Explanation:

He was a criminologist and social psychologist

Answer:

It is C, Hans Eysenck.

Explanation:

I put Gabriel Tarde and got it wrong. So person above me is wrong.

(HELP I'LL GIVE YOU BRAINLIEST! ) Which criminologist from history is MOST likely to agree with this

Which of the following could be argued by the defendant in a product liability case based on strict liability to limit the dollar amount of the damages awarded to the plaintiff?
Answers:
a. The product was based on state of the art design
b. The manufacturer exercised all reasonable care in the manufacture of the product.
c. The user was careless or misused the product.
d. All of the above can be pled to reduce damages.

Answers

The defendant in a product liability case based on strict liability could argue that the user was careless or misused the product to limit the dollar amount of the damages awarded to the plaintiff. Hence, Option c is the correct.

What is product liability?

Product liability is a legal term used to describe the liability of manufacturers and sellers for injuries caused by a product's design, production, and marketing. There are three theories under which a plaintiff can bring a product liability lawsuit: negligence, breach of warranty, and strict liability.

In a product liability case based on strict liability, the defendant might claim that the plaintiff was careless or misused the product. This can be argued to reduce the amount of damages awarded to the plaintiff.

Strict liability is a legal doctrine that imposes liability on a party without requiring proof of fault. In product liability cases, it means that a manufacturer or seller is strictly liable for any injuries caused by a defective product, regardless of whether they were negligent or not.

Hence, Option c is the correct.

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What is the story of Pyrrhus and Priam?.

Answers

Priam is killed by Neoptolemus, son of Achilles, during Sack of Troy. In Book II, his death is dramatically described. Neoptolemus first murders Polites, Priam's son, in presence of his father as he seeks refuge on altar of Zeus.

The tale has Pyrrhus, Achilles' son, assassinating Priam, the king of Troy. He killed Pyrrhus's father, and as a result, he was directly to blame for starting the war. This became the justification for such a heinous murder. The bereaved son wants to exact retribution for his parents' cruel death.

He was given the same name as his father in a prophecy that stated Pyrrhus would have to join the Greek army in order for Troy to fall.

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Which of the following amendments concern bail for arrested suspects?
Group of answer choices

Answers

Answer:

it might be amendment 4 or 6

Explanation:

o conveys to a and his heirs as long as the property is not used for commercial purposes, otherwise to b and his heirs.

Answers

Based on the information provided, it seems that there is a legal agreement or deed in which the owner of the property, represented by "o," has conveyed ownership of the property to two parties: "a" and "b," and their respective heirs. However, there is a condition attached to this conveyance, namely that the property can only be used for non-commercial purposes.

If "a" and their heirs continue to use the property for non-commercial purposes, they will retain ownership. However, if they decide to use the property for commercial purposes, ownership will automatically transfer to "b" and their heirs. It is important to note that this type of arrangement is known as a "conditional conveyance" and is often used in real estate transactions to ensure that the property is used for a specific purpose or in a particular way.

In this case, the terms you've mentioned are: O, A, B, commercial purposes, and heirs. O conveys the property to A and his heirs, but with a specific condition: the property must not be used for commercial purposes. This condition needs to be respected by A and his heirs to maintain ownership of the property. If the condition is violated, meaning the property is used for commercial purposes, the ownership will transfer to B and his heirs.

This type of conveyance ensures that the property remains in non-commercial use, and if not, it will be passed on to the designated alternative owner (B and his heirs).

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All of the following are true of the total institution EXCEPT:
a. One cannot leave
b. Others arrange every aspect of daily life
c. Regular communication with the community is encouraged
d. A schedule must be followed

Answers

Answer:

a. One cannot leave

Explanation:

A total institution is one in which the daily lives of the individuals inside it is highly regimented and controlled. This is done in-order to follow a strict code of lifestyles and to ensure strict compliance of the laid down rules and regulations guiding the institution.

All the statements above are true except the " One cannot leave" which happens to be false. In total institution, one is free to join them as well as being total free to leave the institution. Example is the boarding schools.

President Franklin D. Roosevelt proposed and passed the Social Security Act in 1935, which provided three vital systems for public assistance.

Answers

President Franklin D. Roosevelt proposed and passed the Social Security Act in 1935, which provided three vital systems for public assistance. This statement is true.

The Social Security Act offers insurance and welfare programs for the elderly, unemployed and disadvantaged Americans, and was signed into law by President Franklin D. Roosevelt in 1935. The program was originally intended to be the main source of income for Americans who attained retirement age. For the purpose of providing financial benefits to people who were 65 and older based on lifetime payroll tax contributions, the government started collecting Social Security Tax.  People who contributed to the scheme but wouldn't participate long enough to become vested in monthly benefits were also awarded one-time payments.

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CRITICALLY ANALYZE THE IMPACT OF CYBER CRIME IN SOUTH AFRICAN BUSINESSES AND THE ROLE OF THE ECT ACT IN THE PROSECUTION OF THOSE WHO ARE INVOLVED IN SUCH CRIMES. FURTHER TO THE ABOVE DISCUSS THE VALIDATION OF THE ONLINE CONTRACTS BY THE ECT ACT & THE CASE LAW. YOU ARE FURTHER REQUIRED TO PRESENT ON THE CONCLUSION OF VALID E- CONTRACTS AND ADHERENCE TO THE FORMALITY REQUIREMENTS. ​

Answers

The impact of cybercrime in the South African Business and ECT act is given below

This article deconstructs the aims of the Electronic Communications and Transactions Act 25 of 2002 ("the ECTA") and the Cybercrimes and Cybersecurity and Related Matters Bill ("the Bill"), identifying their various strengths and weaknesses.

It has been decided that the prosecution of cybercrime in South Africa will be difficult, as the ECTA and the Bill grapple with the sophisticated phenomena known as cyberspace and an entirely new sort of criminal behavior known as cybercrime.

Article:

The Electronic Communications and Transactions Act 25 of 2002 ("the ECTA") and the Cybercrimes and Cybersecurity and Related Matters Bill ("the Bill") govern cybercrime prosecution in South Africa. In addition to these pieces of legislation, there is common law and the Constitution of the Republic of South Africa, 1996 ("the Constitution").

The ECTA and the Bill must be studied in conjunction with common law (where applicable) and the Constitution in order to have a comprehensive knowledge of cybersecurity and cybercrime prosecution in South Africa. It should be emphasized that if the ECTA does not establish criminal punishment for cybercrime, common law sanctions will be applied. I'm talking about the ECTA.

Because the common law was unsuccessful in dealing with and combating cybercrime, the ECTA was enacted in 2002. The ECTA's goal is to facilitate and regulate electronic communications and transactions.

The ECTA

The ECTA  addresses cybercrime in Chapter XIII, which includes the creation of various new cybercrime-related offenses. These new offenses include acquiring unauthorized access to, interception of, or tampering with data; computer-related extortion, fraud, and forgery; and attempting to commit, as well as aiding and abetting, the aforementioned offenses.

The ECTA also established the position of "cyber inspector," who has the authority to "visit any premises or access any material that has an impact on an inquiry" into a cybercrime. The ECTA was welcomed as an attempt by the South African legislature to address and strengthen cybersecurity, as well as to develop and punish new cybercrimes.

However, the ECTA has been criticized, and it is widely acknowledged that there is still need for development. It is maintained that the consequences of cybercrime, as outlined in Section 89 of the ECTA, are insufficiently severe. This is because, according to the argument, a person guilty of certain ECTA offenses can only face a fine or a year in jail. Other offenses under the ECTA can result in a fine or imprisonment for a maximum of five years.

It is suggested that these sentences are insufficient to discourage cybercrime and that the ECTA should be changed to incorporate tougher penalties. It is also maintained that the police, commercial industry, and academics should all play a role in combating cybercrime. As previously stated, the ECTA established cyber inspectors, but none have been appointed yet, so no actors are presently employing their authority to undertake cybercrime investigations.

The Bill II

The Bill was enacted to rectify the deficiencies of the ECTA, and it is clear that it has done so. First, the Bill levies a fine of at least 5 million Rand and a maximum of 10 million Rand.

The Bill also specifies a minimum sentence of five years and a maximum sentence of ten years in jail. Furthermore, the Bill provides for a combined punishment of a fine and imprisonment.

Second, the Bill addresses the ECTA's lack of engagement of law enforcement, the commercial sector, and academics in the battle against cybercrime by establishing a number of mechanisms to aid in the elimination of cybercrime.

A Cyber Response Committee and a Cybersecurity Centre are two of these entities. These sanctions are far harsher than those under the ECTA, and it is hoped that the Bill would have a more deterrent effect on cybercrime. Examining the ECTA and the Bill, as well as the amount of criticism that each piece of law has received, it is clear that the prosecution of cybercrime in South Africa is not, and will not be, without obstacles.

This is because these pieces of law are dealing with an entirely new sort of criminal behavior as well as the sophisticated phenomena known as the internet. Developing a law that successfully prosecutes cybercrime will thus take time for legislators and cybercrime specialists to develop.

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porque es importante saber que existen los derechos humanos

Answers

Answer:

Porque ay que saber cómo defenderse si uno es acusado sin gran motivo. Debemos saber que derechos tenemos como humanos cuando se nos acusa falsamente

Explanation:

who was the first hispanic to serve on the supreme court

Answers

The first Hispanic to serve on the Supreme Court was Justice Sonia Sotomayor, appointed by President Barack Obama in 2009.

Sotomayor was born in the Bronx, New York City, to Puerto Rican parents and graduated from Princeton University and Yale Law School. She served as a judge on the U.S. Court of Appeals for the Second Circuit before being nominated to the Supreme Court.

During her time on the Supreme Court, Justice Sotomayor has been known for her advocacy for criminal justice reform and her opinions on issues related to civil rights, voting rights, and immigration.

She is considered a trailblazer for Hispanic representation in the judiciary and has inspired many young people to pursue careers in law and public service.

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Final answer:

Sonia Sotomayor was the first Hispanic to serve on the Supreme Court. She was nominated in 2009 by President Obama.

Explanation:

The first Hispanic to serve on the Supreme Court was Sonia Sotomayor. She was nominated by President Barack Obama and confirmed in 2009. She was nominated in 2009 by President Obama. Born to Puerto Rican parents in the Bronx, New York, Sotomayor has a long career in law, including serving on the U.S. Court of Appeals for the Second Circuit prior to her appointment to the Supreme Court. The first Hispanic to serve on the Supreme Court was Justice Sonia Sotomayor.

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Is jury good or bad?

Answers

Answer:

Jury is good just depends on who it is though

Explanation:

E=mc cubed, true or false?

Answers

Answer: false

Explanation:

Answer:

FALSE

Explanation:

I think but I'm not sure

Describe an economic problem the government in America is trying to solve. What solution to this public policy issue do you think would work best?

1.) Explain why this policy would be the best solution using Sowell's three questions.

2.) Why is your proposed solution the best response to this issue?
3.)What is the cost of your proposed solution?
Is there evidence (statistics or statements from experts) from a credible source that shows your proposed solution would work? Remember you can use the Helpful Links tab on our class homepage.
ASAP!!!!!!!!!!!!!!

Answers

An economic problem the government in America is trying to solve is the inflation. The solution is the use of contractionary monetary policy

The cost of  using contractionary monetary policy is that there may be a a rise in unemployment rate in the country.

What is the best way to keep inflation under control in the economy?

One frequent strategy for managing inflation is to implement a contractionary monetary policy. By lowering bond prices and raising interest rates, a contractionary policy seeks to reduce the amount of money available in an economy. As a result, prices drop, inflation slows, and consumption declines.

Controlling the amount of money in the economy is an important monetary approach to combat inflation. The demand for things will decline and prices will fall if the money supply declines. When the government removes particular coins or paper money from circulation, this is another technique to reduce the amount of money in circulation.

Therefore, Companies recruit fewer people as a result of the economic downturn and decreased production.

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the idea of ____ remains very popular in the south and the west.

Answers

The idea of "states' rights" remains very popular in the south and the west.

The concept of states' rights is based on the idea that the federal government should have limited power and that individual states should have more autonomy to govern themselves. This idea was central to the political debates leading up to the American Civil War, with southern states arguing for the right to secede from the Union and maintain their own institutions, such as slavery. While the Civil War settled the issue of secession, the concept of states' rights has continued to be an important part of political discourse in the United States.

The popularity of states' rights tends to be strongest in regions with a history of political conservatism and libertarianism, such as the south and the west.

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In the United States, the Electoral College A) is appointed by the majority party in Congress. B) approves the results of the General Election. C) is responsible for electing the President. Eliminate D) meets yearly to revise elections rules.

Answers

Answer: b

Explanation:

Answer:

B.

Explanation:

Which of the following is not the function of the legislature?
O redistricting
O making laws
O calling special sessions
O representing the people

Answers

Representing the people is not the function of the legislature. Hence, the suitable option for this question will be option (d).

Give a brief account on legislature.

The term "legislature" is used in reference to a body with the authority to enact laws for a political subdivision, such as a country or city.They are frequently put in opposition to the government's executive and judicial branches.

Primary legislation is the term used to describe laws passed by legislatures. Legislators are those who make up a legislature. Although indirect election and appointment by the executive are frequently employed, especially for bicameral legislatures with an upper house, popular election is the most common method of electing legislators in democracies.

The Athenian Ecclesia was one of the first recognised legislators. European monarchs would convene aristocratic gatherings during the Middle Ages, which would later evolve into the forerunners of contemporary legislatures. The Estates was a common term for these. The Icelandic Althing, established in 930 CE, is the oldest still operational legislature.

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Which free credit report service is authorized by federal law but only accessible once per year?.

Answers

The Fair and Accurate Credit Transactions Act free credit report service is authorized by federal law but only accessible once per year.

What is federal law?A federal law is a bill passed by both houses of Congress,  signed by the President, overturned by a Presidential veto, or allowed to enter into force without the President's signature. Individual laws, also called Acts, are arranged according to the subject matter of the United States Code.Congress enacts approximately 200 to 600 laws in each of its 115 biennial terms, for a total of over 30,000 laws since 1789.All legislative powers of government rest with Congress. In other words, only Congress can enact new laws or change existing laws. The executive branch makes ordinances with  full legal force, but is subject only to the authority of statutes enacted by Congress.

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What did the Supreme Court rule in its 1972 Furman v. Georgia case ?

Answers

In the historic criminal case of Furman v. Georgia,  the U.S. Supreme Court struck down all of the country's then-current legal justifications for the death penalty.

Each majority member submitted a different opinion, and the vote was 5-4. The U.S. Supreme Court held in Furman v. Georgia in 1972 that the death penalty was unconstitutional as it was frequently meted out disproportionately to African-Americans and also the poor.

The ruling required some consistency in how the death penalty was used. Because of this ruling, the death penalty was effectively suspended across the country until the decision Gregg v. Georgia was ruled in favour of the death sentence in 1976.

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TRUE/FALSE. if the german police suspect drivers of driving while intoxicated, they may demand, using force if necessary, that drivers submit to a urine or bac test.

Answers

If the german police suspect drivers of driving while intoxicated, they may demand, using force if necessary, that drivers submit to a urine or bac test.Given statemnet are true.

Blood alcohol content (BAC), also known as blood alcohol concentration or blood alcohol level, is a legal or medical measurement of alcohol intoxication;[1] it is expressed as mass of alcohol per volume or mass of blood. A BAC of 0.10 by volume (0.10% or one tenth of one percent) means that there is 0.10 g of alcohol in every 100 mL of blood, which equals 21.7 mmol/L.

A blood alcohol concentration (BAC) of 0.10 by mass (0.10%) equals 0.10 g of alcohol per 100 g of blood (23 mmol/L). A BAC of 0.0 is considered sober; in different countries, the maximum permitted BAC when driving ranges from about 0.04% to 0.08%; BAC levels above 0.08% are considered severely impaired; and above 0.4% is considered severely impaired.

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True or false statement frequently civil disorder arises from an accumulation of grievances and then precipitating incident ignites rioting.

Answers

It’s statement is true

which of the following is not a basis for personal jurisdiction over a nonresident defendant in a child support case
A) The nonresident has traveled through the state on many occasions
B) In the past, the nonresident had sexual intercourse in the state and the child may have been conceived by that act.
C) In the past, the nonresident resided with the child in the state
D) The nonresident is personally served within the state

Answers

Answer:

a

Explanation: it makes sense

What is meant by the substitute judgement ?

Answers

Answer: See explanation

Explanation:

Substituted judgment simply refers to a decision that is made by an individual on behalf of someone else who is considered to be incompetent and therefore unable to make a decision for himself or herself.

In such scenario, the decision-maker trhes as much as possible to be accurate and make a decision with facts on behalf of the incompetent person.

How many hours of supervised parent training are you required to have prior to getting your provisional drivers license?

A. 25

B. 50

C. 75

D. 100

Answers

D) 100 I really hope this helps

Which conflict would most likely be settled by law rather than ethics?

Family members disagree over division of responsibility for household chores.
A teen breaks a neighbor's fence panel while practicing archery.
A student and teacher disagree on the final course grade earned.
A driver damages another car in a grocery store parking lot.

Answers

The  conflict that would most  likely be settled by law rather than ethics is: d. A driver damages another car in a grocery store parking lot.

What is conflict?

Conflict can be defined as a form of disagreement that occur between two or more people. Conflict  is what led to the development of conflict resolution as conflict resolution help to settle the disagreement the people that were involved in a conflict had .

The case that may be  settle by the court of law is when a person damage or  destroy another person property in which the person that commit the damage refuse to repair the damage, the owner of the property can sue the person in the law of court for damage  which will be settle by the jury and   if found guilty the person must pay for the damage.

Therefore the correct option is D.

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Answer:

A driver damages another car in a grocery store parking lot.

Explanation:

Got this right on the quiz! Although another choice might also be settled by law, this one is MOST LIKELY to be settled using law.

ILL NAME U AS BRAINLIEST
Communism is an example of the interdependence between which two subject areas?
A) economics and psychology
B) sociology and human geography
C) political science and economics
D) political science and anthropology

Answers

Answer:

Option C

Political science and ecnomoics

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