Indeed in California, when the bailee has exclusive possession and control of objects belonging to its customers in the normal course of its business, a court is likely to enforce the exculpatory clause.
About Exculpatory Clause
A contract's exculpatory provision forbids one party of holding the other party accountable for harm caused by the contract. Exculpatory clauses are frequently included in purchases like those that come with a ticket to a theme park or a flight. Courts may strike down exculpatory terms when they are buried inside a contract or have too broad of scope that goes against public policy. Courts frequently disapprove of exculpatory clauses since they allow a party to avoid accountability.
It is a clause in a contract that aims to absolve one party of responsibility if the other party suffers harm.
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11. Although he knew he was guilty of the crime, the mobster said he wouldn't answer questions
about it on the stand. Which amendment protected him?
a. 4th amendment
b. 5th amendment
6th amendment
d. 7th amendment
Answer:
5th amendment
Explanation:
The 5th amendment goes as follows "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."
Answer:
5th
Explanation:
"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger..."
5th Amedment, U.S Constitution
Bacically the constitution allows you to not answer the police officer if he asks you what happened, it is similar to Meranda Rights
What does "proof" mean?
Answer:
In the context of law, "proof" refers to the evidence presented to support a claim or assertion, and the level of certainty that the evidence establishes. The proof is used to convince a judge or jury that a particular fact or proposition is true and to satisfy the burden of proof required to establish a legal claim or defense.
Answer:
Explanation:
Proof is defined as twice the alcohol (ethanol) content by volume. For example, a whisky with 50% alcohol is 100-proof whiskey
How does the bill of rights prevent the federal government from holding all government power ? It allows people to write their own laws. It grants power to the court system. It allows people to vote in elections. It grants power to state government.
You're deprived of your typical lab equipment but need to detect
hydrocarbons in evidence. Which of the following tools would you
most likely be able to use to release traces of hydrocarbons?
O A cigarette lighter
O A refrigerator
O A fruit-drying machine
O A faucet
Answer:
Lighter is correct
Explanation:
it contains butane
When the father of Stephen and Chris Nuss died, the two boys, aged 15 and 12 years, began to work the family farm. While the boys were still under the age of majority, their mother, Lois, kept the books Page 727for the farm. As the boys grew older, they took more and more responsibility in running the farm. They also rented and worked additional acres of farmland. They financed these rental agreements on their own, but their mother co-signed for the arrangements. The boys also purchased additional farmland. Again, their mother helped in this purchase by co-signing. When Chris decided to leave farming, Stephen paid him $100,000, and in exchange, Chris signed over the deed to the newly purchased land. Lois was not involved in this transaction. Stephen’s farming business grew. He eventually amassed more than 1,200 acres. He and his wife, Linda, kept their own financial records and maintained their own checking account for the running of the farm. Stephen’s mother was not involved in any of this detail. However, Stephen continued to pay many of the expenses involved on the original farm, where his mother still maintained her residence. Stephen also paid the insurance, maintenance, and repair expenses on all buildings and equipment on the original farm. Because Stephen continued to farm this land, in addition to the land he had subsequently purchased, these payments were always characterized as rent. No other payments went to Stephen’s mother. When Stephen died, Linda, his widow and executor, claimed that a partnership existed and that the farm equipment on the original acreage and original acreage itself belonged to that partnership. Lois argued that no partnership between Stephen and her existed. Is Linda or Lois correct? Did a partnership exist? Explain. [See: In re Estate of Nuss, 646 N.E.2d 504 (OH).]
national policy makers john mclaughlin intelligence
Former Central Intelligence Agency acting director John McLaughlin (CIA). McLaughlin probably played a part in influencing the U.S. government's policies on intelligence gathering and analysis as a national policy maker.
McLaughlin has held many senior roles inside the CIA for more than three decades and has a wealth of knowledge in the field of intelligence. I am unable to provide information on any specific policies or projects he may have worked on. This refers to those responsible for formulating, developing, and carrying out national policies, particularly those that deal with intelligence. The inclusion of John McLaughlin draws attention to his experience in intelligence affairs and his function as a previous acting director of the Central Information Agency (CIA), demonstrating that he probably had a hand in shaping national policy concerning intelligence collecting and analysis.
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The complete question is:
National policy maker John Mclaughlin is an American intelligence official. True/False
Which decision rule establishes minimum required performance standards for each evaluative criterion and selects the first or all brands that meet or exceed these minimum standards?
The decision rule that establishes minimum required performance standards for each evaluative criterion and selects the first or all brands that meet or exceed these minimum standards is the lexicographic decision rule.
Lexicographic decision rule is a type of decision rule that establishes minimum required performance standards for each evaluative criterion and selects the first or all brands that meet or exceed these minimum standards.
The decision rule is often used in situations where a company is seeking to make a decision among a number of options that are all acceptable, but which differ in terms of their performance levels on various evaluative criteria.
In the lexicographic decision rule, the decision maker sets a minimum standard for each criterion and selects the option that performs best on the most important criterion, without considering the performance levels of the other criteria.
If there is a tie, the decision maker moves to the second most important criterion and selects the option that performs best on that criterion, and so on, until a decision is made. This rule is also known as the priority rule or the lexicographic ordering rule.
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Is it okay, legally, for the police to use a suspect's DNA to create a
fake profile on a public DNA site in order to help identify relatives
of that suspect?
Answer:
Under the new policy, police can’t quietly upload a fake profile to a genealogy website, as some have done in hopes of finding a suspect’s distant relatives, without first identifying themselves.
Explanation:
in order for the constitution to be amended, what two groups are formally responsible for making changes?
A convention may be convened by Congress in response to requests from two-thirds of state legislatures or by the Congress itself through a resolution adopted and approved by a two-thirds vote.
A convention may be convened by Parliament in response to requests from two-thirds of the legislative bodies or by the Congress itself throughout a joint resolution approved by a two-thirds vote. The United States Constitution: Interpretation and Analysis CRS, 2002.
In Tamil Nadu, the policy of reserving seats in higher education institutions and appointments to positions in the public sector for members of the Backward Classes, Scheduled Castes, and Scheduled Tribes has been in place since 1921.
Since it was initially adopted in 1950, the Indian Constitution has had 105 modifications as of October 2021. The Indian Constitution can be amended in three different ways, the second and third types.
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How does the law provide protection and justice for individuals
Answer:
The relationship between law and justice is unbreakable and there is a direct relationship between the two. It is also highly believed that they are two faces of a coin. And many people consider the proper implementation of laws as a justice. However, all laws are not just laws and entitle rights to all human beings.
What document outlines the health and safety related procedures programs follow?.
This emphasis on worker participation is consistent with the OSH Act, OSHA standards, and OSHA enforcement policies and procedures, which recognize the rights and roles of workers and their representatives in matters of workplace safety and health.
It could reduce its enforcement of private assets rights. I can see where in the neighborhood regulation enforcement human beings wouldn't be thrilled with those folks searching over their shoulder and pushing them. If he became going to be critical in approximately full-time law enforcement, he needs to decide to do it properly.
Enforcement motion manner a movement taken with the aid of the department upon its own initiative or at the request of an affected birthday celebration in furtherance of its statutory authority and obligation to execute and ensure compliance with relevant laws.
Enforcement is the proper execution of the system of making sure compliance with legal guidelines, regulations, guidelines, standards, and social norms.
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This emphasis on health and safety employee participation is regular with the OSH Act, OSHA standards, and OSHA enforcement documents and strategies, which recognize the rights and roles of employees and their representatives in matters of workplace safety and health.
It is able to reduce its enforcement of private belongings rights. I will see which within the neighborhood law enforcement safety and health wouldn't be thrilled with those parents looking over their shoulders and pushing them. If he has become going to be vital in approximately complete-time regulation enforcement, he wishes to determine to do it nicely.
Enforcement motion way a movement all in favor of the document of the branch upon its own initiative or at the request of an affected celebration in furtherance of its statutory authority and duty to execute and make sure compliance with applicable legal guidelines.
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Trafficking in persons is an example of Infiltration of legitimate businesses T/F
The trafficking of persons is not an example of the infiltration of legitimate businesses. Human trafficking is an exception.
What do you mean by a business?The infiltration of legitimate business is more predatory than the provision of illicit goods and services.
In legal terms, criminal groups can use extortion in the infiltration of legitimate businesses and governments that involves threats to obtain an objective.
Human trafficking is an exception because demand for illicit goods and services already exists among the public.
Therefore, the above statement is false.
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On Saturday after the annual dues meeting of the Grange, the treasurer stopped at a food mart for gasoline and some groceries. Being low on cash, he used the collected money to pay his bill and replaced it on Monday when he received his paycheck. Has a crime been committed? If so, describe what the crime is.
Answer:
yes, this would be theft or embezzlement
Explanation:
Technically yes, this would be theft or embezzlement. This is because he took money that did not belong to him, even though he repaid what he took it is still a crime. An individual given the title of treasurer is responsible for the organization's money. Therefore, they must make sure that the money is secured, accounted for, and only used for organizational needs. Therefore, taking money from the treasury balance without permission is a crime since it does not belong to the treasurer.
How did the fact that justice marshall was a federalist influence his ruling in the mcculloch case?.
Answer: Federalists like strong central government. This ruling strengthened the central government.He wanted more power in the federal government.
Explanation:
harry hired a contractor to paint the interior and exterior of his rental property. harry did not pay, and the contractor filed a mechanics lien. which of the following statements is true regarding the lien?
1. the lien can only be for the cost of material used
2. the lien applies to all of harry's real property
3. the lien applies to all harry's real and rental property
4. the lien only applies to harry's rental property
The correct statement regarding the mechanics lien filed by the contractor is: 4. The lien only applies to Harry's rental property.
A mechanics lien is a legal claim placed on a property by a contractor or supplier who has provided labor or materials for a construction or improvement project but has not been paid. In this case, the contractor was hired by Harry to paint the interior and exterior of his rental property. Since Harry did not pay for the services rendered, the contractor filed a mechanics lien.
The lien specifically applies to Harry's rental property, which is the subject of the contract between Harry and the contractor. It does not extend to any other real property owned by Harry, such as his personal residence or other properties he may possess.
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Which amendment was passed in 1868 and provided for due process of law, equal protection under the law, and respect for the privileges and immunities of all citizens?.
The 14th Amendment, which was adopted in 1868, guaranteed everyone's right to a fair trial, equal protection under the law, and respect for their rights to certain privileges and immunities.
All citizens, including former slaves, were guaranteed "equal protection of the laws" by the 14th Amendment to the United States Constitution, which was enacted in 1868. It also granted citizenship to anybody born or naturalised in the nation. A number of significant Supreme Court decisions would later be built on one of the three Reconstruction-era amendments that granted Black Americans civil and legal rights and abolished slavery. Later provisions of the 14th Amendment mandated that anybody who "engaged in the rebellion" against the United States was forbidden from serving in the military, in the government, or in elected office, and that the federal By proportionally limiting the states' representation in Congress, the federal government might sanction states that restrict or violate the right of their residents to vote (without the approval of two-thirds of the House and Senate).
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4.
Draw Inferences Why do you think that a State legislature might want to call
for an advisory vote by the people before it ratifies an amendment proposed
by Congress?
Amendment refers to additions, subtraction or alterations to the constitution and are usually ratified into law after having majority of vote for the proposed provision.
An advisory vote refers to the voting done by citizen to measure their decision and views on certain matters before enacting into law.
Therefore, the State legislature will call for an advisory vote so that to assess the common people views on the proposed amendment by the Congress.
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What does it mean when our court system is identified as a dual court system?
Answer:
dual court system the division of the courts into two separate systems, one federal and one state,
if the defendant enters a plea of guilty, the trial judge may:
When a defendant enters a guilty plea, the trial judge has specific responsibilities to ensure the legal process is followed correctly. First, the judge must ensure that the defendant's plea is voluntary and not coerced, meaning the defendant willingly admits guilt. Additionally, the judge must confirm that the defendant understands the charges against them and the consequences of their guilty plea, such as potential penalties and the loss of certain rights.
Once these conditions are met, the trial judge may accept the guilty plea and proceed to the sentencing phase. During this phase, the judge considers various factors, such as the severity of the crime, the defendant's criminal history, and any mitigating or aggravating circumstances. Based on this information, the judge will then determine and impose an appropriate sentence in accordance with the law. In some cases, the judge may also choose to defer the acceptance of the guilty plea, particularly if a plea agreement is in place. This deferral allows the defendant to fulfill certain conditions before the judge formally accepts the guilty plea and imposes the agreed-upon sentence. Overall, the trial judge plays a crucial role in ensuring a fair legal process for the defendant while upholding the interests of justice.
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When a court awards a sum of money to a successful litigant, the award is known as:
a.Rescission
b.Damages
c.Damage
d.Loss
When a court awards a sum of money to a successful litigant, the award is known as damages.
Damages can be awarded in various types of legal cases, including personal injury, breach of contract, and property damage. The amount of damages awarded is typically based on the extent of the harm suffered by the successful litigant. It can include compensatory damages, which aim to reimburse the injured party for their actual losses such as medical expenses or property repair costs. In some cases, punitive damages may also be awarded to punish the defendant for their wrongdoing and deter others from engaging in similar conduct.
The court's award of damages is intended to provide a fair and just outcome for the successful litigant. It ensures that they receive compensation for the harm they have endured and helps to address any financial losses incurred as a result of the defendant's actions. Damages play a crucial role in the legal system by providing a means for individuals and businesses to seek redress for the harm they have suffered and promoting accountability for wrongful conduct.
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All violations including minor traffic violations must be reported when applying for a Florida Real Estate license. True False
All violations, including minor traffic violations, must be reported when applying for a Florida Real Estate license. The statement is false.
When applying for a Florida Real Estate license, it is not necessary to report all violations, including minor traffic violations. The application process for a real estate license typically requires disclosure of criminal offenses, such as felonies or misdemeanors, but minor traffic violations are generally not included in this requirement.
However, it's important to note that specific requirements and regulations may vary by state, so it's always advisable to review the application guidelines provided by the Florida Real Estate Commission or consult with a professional in the field to ensure compliance with the licensing requirements.
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Examine the following situations decide whether the search violates the fourth amendment.explain your decisions.
d.Pam is seen shoplifting in a store.police chase Pam into her apartment building and arrest her outside the closed door of her apartment.A search of her apartment reveals a large quantity of stolen goods.
e. Sandi is suspected of receiving stolen goods. The police go to her house and ask Claire,her roommate,if they can search the house.Claire gives them permission,and they find stolen in Sandis dresser
Pam is seen shoplifting in a store and Sandi is suspected of receiving stolen goods this suggests that there is a violation in the fourth amendment with respect to the case of Sandi.
What is the fourth amendment?The Bill of Rights is comprised of the Fourth Amendment to the U.s. Constitutional. It outlaws arbitrary warrantless searches.
In this situation where families have been seen shifting or is being seen to be taking the goods from a store. This music that she is a criminal police had the right to search her apartment but if a person is suspected without having any kind of proof which is the case of Sandi and still her house is being investigated without her permission then it is a violation of the 4th amendment right.
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Flexible time sentences could be completed in shorter amounts of time if
O an inmate paid additional fines
O an inmate showed good behavior and made improvements
O the victim of the criminal act spoke on the inmate's behalf
O a review board declared the prisoner innocent
Answer:
an inmate showed good behavior and made improvements
Explanation:
took the assignment
The position of the secretary of the Department of Homeland Security _____.
Answer:
is the body concerned with protecting the US and the safety of U.S. citizens.
Explanation:
Answer: serves at the pleasure of the president
Explanation: because I took the quiz & got it right
Carly files a complaint against delivery corporation, charging that she has not been paid and wants to recover the unpaid amount, plus interest. The complaint and a summons will most likely be served on.
Carly files a complaint against the delivery corporation, charging that she has not been paid and wants to recover the unpaid amount, plus interest. The complaint and a summons will most likely be served on the corporation's registered agent.
A registered agent refers to an official who is designated to receive official papers for the business. In United States business law, specifically, these registered agents are designated to receive service of process (SOP) in times when the firm or entity is a party in any sort of legal action. These agents can be either an officer or employees of the firm or a third party.
A registered agent is entitled to receive service of process notices, government correspondence, and compliance-related documents on behalf of the firm. A registered agent is also known as a resident agent or statutory agent.
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with reference to the life of ministry of Jesus identify activities which shows that he was a worker
Answer:
Jesus was a "Blue-collar" construction worker. He also, performed miracles for His fellow disciples and, for the people who followed Him.
Explanation: Found My source online.
How many levels of resistance are included in the use of force continuum?
Some models only contain the first 5 levels of the continuum and divide these skills into empty hand, soft control, and intermediate weapon approaches.
An important subject in law enforcement is the force continuum. The force continuum, as its name implies, is used to determine the right amount of force to utilize in a certain situation. While some circumstances only call for the use of limited force, others necessitate the use of lethal force. Therefore, the force continuum determines the precise level of force to be delivered.
You will be given situational, dynamic questions during the oral board test regarding how you would respond in a particular situation. You'll be required to respond in a responsible, proportionate, and measured way.
Police personnel use the force continuum, a spectrum of force that ranges from Level 1 to Level 5, to decide how to respond to a scenario. Its purpose is to plan a systematic and convincing answer to an offered, frequently complex response. For instance, it would not be acceptable for a police officer to shoot and kill a bystander for disobeying obvious commands. Always respond in a manner commensurate with how serious the offense was.
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Jurisdiction refers to witch of the following
Answer:
in Parliament refers to justice
Explanation:
Mark brainliest
If
a 6 year old child automatically barred from testifying in a trial
where she witnessed a gunman rob her parebts? If not, what must be
shown before she can testify? explain
In general, a 6-year-old child is not automatically barred from testifying in a trial where she witnessed a gunman rob her parents. However, there are certain requirements that must be met before she can testify. Here's what must be shown before she can testify: Competency, Relevance, Necessity.
The child must be competent to testify. Competency means the ability to understand the nature of an oath and to distinguish truth from falsehood. The court will generally determine whether a child is competent to testify based on his or her age, intelligence, maturity, and other factors. The child's testimony must be relevant to the case. The child's testimony must be necessary to the case.
The court must consider the best interests of the child in deciding whether to allow the child to testify. The court may consider factors such as the child's age, emotional state, and the potential for harm that may result from testifying. An attorney may file a motion with the court requesting permission for a child to testify in court. The judge will then consider the motion and decide whether to allow the child to testify based on the factors listed above.
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Which of the following is true about police use of force against citizens?
Most of the injuries citizens receive as a result of use of force are quite serious
Less than lethal weapons are used in most incidents
Most police-citizen encounters do not include force
The majority of use of force by police is improper
O At least half of all arrests involve use of force
Answer:
Most police-citizen encounters do not include force.
Force is only used in certain situations.