Answers
The court may rule that parol evidence might be admissible to further the court's understanding of an agreement when a court determines that a written agreement does not represent a complete and final version of the agreement.
Parol evidence rule is a matter of substantive law, evidence admitted in violation of the rule, even though without objection, should be disregarded if the objection is made before case is submitted to the trier of facts. If the parol evidence rule applies at all in a given situation, it has the effect of preventing one party from introducing into court extrinsic (or collateral) evidence of matters not contained in the written agreement between the parties, where that evidence is offered to supplement or contradict the written agreement.
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Related Questions
1. You are a member of the legislature of a large Midwestern state. Your state is running short of money to carry out some much needed programs. As a possible solution you suggest that the state government issue its own currency to people who work for it. The currency can be exchanged for dollar bills at a rate that is to be fixed by the state the first of every month. Is your idea constitutional?
2. Later in the legislative session mentioned in exercise 8, you become disenchanted with your fellow citizens when you learn that only 28 percent of those eligible to vote actually did so in the last election. Consequently, you pass a law requiring that everyone vote in every election. What arguments can you make in support of such a measure? Against?
Answers
Answer:
Explanation:
As a member of the legislature of a large Midwestern state, suggesting the issuance of a state currency as a solution to the financial challenges and funding for necessary programs raises constitutional considerations. The U.S. Constitution grants the federal government the power to coin money and regulate its value. Therefore, the idea of a state issuing its own currency might be in conflict with the Constitution.
Article I, Section 10 of the U.S. Constitution explicitly prohibits states from coining money, emitting bills of credit, or making anything other than gold and silver coin legal tender for payment of debts. The purpose of this provision is to ensure a unified national currency and prevent individual states from creating their own currencies, which could lead to economic instability and confusion in interstate commerce.
While states have the authority to regulate various aspects of their economies, the exclusive power to issue currency lies with the federal government. Therefore, issuing a state currency that can be exchanged for dollar bills may raise concerns about encroaching on the federal government's constitutional authority.
However, it's worth noting that states can adopt alternative measures to address their financial challenges, such as implementing state bonds or seeking federal assistance, within the boundaries of the Constitution.
In response to the disappointment over low voter turnout in the previous election, passing a law that mandates compulsory voting raises important considerations regarding individual rights and freedoms.
Arguments in support of compulsory voting may include:
1) Civic Duty: Mandatory voting can be seen as a civic duty and a way to foster a more engaged and participatory society. It encourages citizens to actively participate in the democratic process and make their voices heard.
2) Representation: A higher voter turnout can lead to more representative and legitimate elected officials. It ensures that the views and interests of a broader segment of the population are reflected in the decision-making process.
3) Accountability: Compulsory voting can enhance the accountability of elected officials to the electorate. With a larger and more diverse pool of voters, politicians may be compelled to address a broader range of issues and be responsive to the concerns of the electorate as a whole.
On the other hand, arguments against compulsory voting include:
1) Freedom of Choice: Forcing individuals to vote can be seen as a violation of their freedom of choice and freedom of expression. Some people may choose not to vote as a form of political protest or because they feel uninformed or disenchanted with the available candidates or political system.
2) Informed Voting: Mandatory voting may lead to a higher number of uninformed or disinterested voters. Some argue that it is better to have a smaller, but more informed, electorate making thoughtful decisions rather than compelling everyone to vote regardless of their level of knowledge or interest.
3) Practical Challenges: Implementing and enforcing compulsory voting can present logistical challenges, such as ensuring that everyone is registered, tracking compliance, and administering penalties for non-compliance. These challenges can strain resources and potentially lead to unintended consequences.
________ deals with whether fair procedures exist and whether those procedures were followed.
Answers
The concept of procedural justice deals with whether fair procedures exist and whether those procedures were followed.
This is important in ensuring that individuals are treated fairly and that decisions are made based on objective criteria rather than bias or discrimination.Procedural fairness refers to the fairness and impartiality of the processes and procedures followed in legal or administrative proceedings. It ensures that individuals involved in a legal or administrative matter are treated fairly and have the opportunity to present their case and be heard.
Here's an explanation of procedural fairness and its importance:Fair Procedures: Procedural fairness requires that the procedures used in a legal or administrative process are fair, transparent, and unbiased.
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the power of congress to establish naturalization laws is found in____
Answers
Answer: the Constitution
Explanation:
QUESTION 2
Which of the following can the president issue regarding the execution of legislation that oversees the behavior of
officers and agencies of the executive branch?
the U.S. Constitution amendments
state statutes
executive orders
U.S. Criminal Codes
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Answers
Answer: Executive orders
Explanation:
One of the powers that comes with being the Head of the Executive branch of government is the power to issue Executive orders. Executive orders are binding to the officers and agencies under the Executive branch as they are under the President.
Executive orders are to be treated as legislation with the full weight of the law. They are still subject to Judicial Review however, to ensure that the President is not issuing orders that contravene the Constitution.
In an initiative, the source of the law is
the court
the voters.
the governor
the legislature
Answers
Answer: the voters
Explanation:
Answer:
IT'S B
Explanation:
Lila invested $10,000 in one of Long Life Insurance Company's annuity contracts. When issued, the contract was paying a 4 percent rate of return. Two years later, Long Life increased this rate to 6 percent. Underlying Lila's contract is a 2 percent rate of return, guaranteed for the life of the contract. What kind of annuity does Lila own?
Answers
The type of annuity that Lila owns, given that the Long Life insurance increased the rate and there is a rate of return, is an Immediate Variable Annuity.
What is an Immediate Variable Annuity?A person who purchases an instant variable annuity makes a one-time lump sum payment and starts receiving payments right away. An immediate variable annuity pays out for the duration of the annuitant's life, but the sums vary according to the success of the underlying portfolio.
Insurance firms offer quick payment annuities, which can start paying their owner income nearly immediately after being purchased. Customers can select annual, quarterly, or monthly income. For the duration of the contract, payments are typically fixed; however, variable and inflation-adjusted annuities are also offered.
Given that the Long Life insurance increased the rate and there is a rate of return, the type of annuity that Lila holds is an Immediate Variable Annuity.
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Show an adequate demonstration of the relationship between
uncertainties and
risk against time on a graph.
Answers
In risk analysis, it is essential to assess potential losses and the likelihood of their occurrence. Uncertainties are quantified as probabilities and represented by a risk curve, which depicts the relationship between risk and time. The shape of the risk curve varies based on the level of risk and the duration under consideration.
Typically, the curve starts at a low probability, gradually increases to a peak representing the maximum probable risk level, and then declines.
This peak serves as a reference point for risk assessment.
Risk curves are constructed using historical data on past hazards, such as natural disasters or accidents, along with the associated probabilities.
In summary, uncertainties and risks are interconnected, and a risk curve effectively portrays the temporal evolution of risk.
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what left lapd officers bemused when it showed up uninvited to a cordoned-off crime scene?
Answers
LAPD officers were left bemused when a tiny robot showed up uninvited to a cordoned-off crime scene.
The robot, known as the "Throwbot," was developed by Recon Robotics. It is designed to be tossed into a potentially dangerous area to gather information and transmit it back to officers. While the officers appreciated the robot's capabilities, they were initially confused as to how it had made its way to the crime scene. It was later revealed that the robot had been loaned out to a neighboring police department, who had accidentally tossed it too far, and it ended up at the LAPD's crime scene.
Despite the initial confusion, the officers were impressed by the technology and its potential to help keep them safe while investigating dangerous situations. The incident highlights the importance of communication and coordination between different law enforcement agencies when using advanced technologies like the Throwbot.
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Stephanie was on medication for a cough when she was tested for alcohol levels using the PBT. Though she did not consume much alcohol, what could be the possible reason for a high reading?
A. The device was faulty.
B. She exhaled into the device mouthpiece superficially.
C. The medication contained molecules similar to ethanol.
D. Stephanie’s lungs are infected.
Answers
Answer:
It's C.
Explanation:
Edmentum/PLATO
Jessica and Emma are full-time employees at the Benjamin Limited Liability Company. They went to a coffee house named New Heaven Café near their office in the lunch time. Jessica ordered one coffee for her and a bottle of beer for her friend. Emma drank about half of the bottle, which was made of dark glass and labelled with white bold words.
When Emma poured the remainder of the beer into a tumbler, she found a stranger. At this point, the decomposed remains of a snail floated out. She was shocked and suffered a severe painful stomach. She had to spend a week in hospital. The doctor confirmed that her stomach problems might have been caused by the inferior quality beer.
The Western Beverages company which manufactured and supplied beer to New Heaven Café confirmed that their manufacturing process was controlled strictly, which had never caused any incidents like that.
Emma’s boss was very angry when she had a week leave in busy days at work. She explained that she had an urgent health problem. However, the boss was insistent with his intention; she was fired on the first day she was back to work. Emma is so upset and needs some legal advice.
Requirements:
Emma has approached you for some legal advice. Write a report outlining the following:
Explain the above legal issues with reference to the English legal system, decided and recorded case law.
The assignment will be assessed by reference to the following criteria:
1. Emma confuses as to whether there is a contract between her and the beer
manufacturer. Explain the essential elements of contract.
2. Advise Emma whether she may successfully sue the Western Beverages company
for negligence. Explain the essential elements to claim for negligence.
3. Advise Emma of her legal position with regards to Benjamin Limited Liability
Company. Explain the different types of dismissal.
Answers
Contract refers to an agreement between two or more party to carry out a duty in return for consideration
1. Yes, there is a contract between him and the beer company because he paid a sum for the beer and the company is responsible for producing good and healthy beer.
2. Yes, Emma can sue the company because she has suffered damage from use of the beer. She suffered health-wise and loss her job because of health issue arising from use of the beer.
3. Since the dismissal is done harshly, he can seek for resolution with the management to retain him back.
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Which of these is NOT a reason why a dirt or gravel road can be
dangerous?
A. Your tires are more likely to be punctured
B. There can be gravel or dust kicked back onto your windshield
C. It means you are off the GPS network which is dangerous
D. It’s most likely for your vehicle to lose traction
Answers
Answer:
B. There can be gravel or dust kicked back onto your windshield
Explanation:
Losing the track of a GPS network is not a dangerous for driving on a gravel road or dirt.
What is a gravel road?Gravel road is a road, the upper surface of which is covered with gravel and small crushed stones. There is risk of tires getting punctured, or vehicle to lose traction while driving on such roads.
Hence, option C holds true regarding a gravel road.
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amicus curiae briefs are significant because . a. they benefit the government more than they benefit others b. they may influence whether the supreme court decides to hear a case c. they help to limit the influence of interest groups d. they expand the power of the supreme court
Answers
Amicus curiae briefs are significant because they may influence whether the supreme court decides to hear a case. The correct option B.
An amicus curiae is someone who is not part of the case, but who assists in presenting information to the court that is relevant to the case. The amicus curiae provide advice or expertise to the court that helps the judges make decisions in a fair and unbiased manner.Amicus curiae briefs are significant because they help to influence whether the supreme court decides to hear a case. Interest groups and other organizations often file briefs in cases that they believe will have significant implications for their interests or that involve legal issues that are important to them. They are not part of the case, but they provide important information that can influence the court's decision.A significant factor in whether the supreme court decides to hear a case is the amount and quality of the content-loaded amicus curiae briefs that are filed. If a case has a large number of amicus curiae briefs, it is often seen as an indication that the case has a high level of significance or public interest. The court will then decide whether to hear the case based on the legal and factual issues presented in the briefs.Learn more about Amicus curiae: https://brainly.com/question/15520019
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Use your understanding of realism, considerations of morality, and the issue of domestic determinants of u. S. Foreign policy, and describe how the united states should deal with iran?.
Answers
The United States should deal with Iran in a realistic and moral manner. The United States should take into consideration the domestic determinants of its foreign policy when dealing with Iran.
Realism, as an approach to understanding the world, focuses on the observation and scientific study of the world around us. This means that realists consider the world to be knowable and comprehensible, and that our morality is based on our understanding of the world. However, this pragmatism does not mean that realists are amoral. They still believe in the importance of acting in accordance with our moral values, and in fact often see this as the only way to achieve our goals.
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Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 states that its purpose, in part, is to require that real estate appraisals used in connection with federally related transactions be performed ______.
Answers
Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 requires real estate appraisals used in federal government transactions to be completed in writing and to uniform standards.
What exactly is the 1989 Enforcement Act?
The Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA) is a law passed in 1989 in response to the savings and loan crisis of the late 1980s that revised the federal government agency structure and rules governing the United States savings and loan banking system and the real estate appraisal industry. The following are some of the major changes brought about by the law:
Regulations to ensure that real estate appraisals are properly performed. This includes the need for complete and accurate documentation, as well as training for appraisers and their supervisors.The Resolution Trust Corp. was established temporarily to resolve the status of the nation's failed savings and loan institutions.The Federal Savings and Loan Insurance Corporation was abolished, and two funds of the Federal Deposit Insurance Corporation were established: the Savings Association Insurance Fund (SAIF) to cover S&Ls, and the Bank Insurance Fund (BIF) to cover banks.The Federal Home Loan Bank Board was abolished, and two new agencies were established to replace it: the Federal Housing Finance Board (FHFB) and the Office of Thrift Supervision (OTS).Learn more about the Enforcement Act with the help of the given link:
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Which style of communication should officers maintain?
-Aggressive
-Passive
-Assertive
-Passive-aggressive
Answers
When you are driving in bad weather or bad road conditions, you should
Use the same following distance that you use in good conditions.
Use one and a half times the following distance that you use in good conditions.
Use two times the following distance that you use in good conditions.
Answers
Answer:
so this question is kind of ambiguous in normal conditions. you should be 3 to 4 seconds behind the car Infront of you and for each bad condition ie rain fog hail sleet snow each additional condition should add an extra second behind
Explanation:
my states driving handbook
What is NOT an example of professional networking?
A. Asking for an introduction to someone you want to meet.
B. Setting up your computer network in your home or office.
C. Joining a professional organization.
D. Conducting an informational interview.
Answers
Answer:
100% A promise you
Explanation:
Asking for an introduction to someone you want to meet is not an example of professional networking. Thus, the correct answer is option A.
What is professional networking?Professional networking entails proactively building and maintaining connections with people who can advance your career or brand. You can use a variety of websites, apps, and other networking tools to establish fruitful connections. The finest networking techniques involve being organized, truthful, and persistent.
In professional networking some activities are considered professional while some are not. To be successful in business networking it is advisable to stick to professional activities like;
Joining a professional organization because this will help you grow your network more rapidly.Conducting informational interview because this gives you an insight on what your potential business network needs and what to improve onSetting up an office is one way to help you function efficiently.Therefore, asking for an introduction to someone you want to meet is not only unprofessional but it is rude as well.
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A document filed by the prosecutor in court as a formal, written accusation against the defendant in misdemeanor (and some felony) cases is called an _____________________.
Answers
A document filed by the prosecutor in court as a formal, written accusation against the defendant in misdemeanor (and some felony) cases is called an Information
"Information is a document filed by the prosecutor in court as a formal, written accusation against the defendant in misdemeanor (and some felony) cases.In criminal cases, an information is a written document that is filed by the prosecutor and it accuses the defendant of committing a crime.
The information describes the facts and circumstances that form the basis of the charge, and it identifies the law that the defendant is accused of breaking. The information also provides notice to the defendant of the charges that have been filed and it helps to ensure that the defendant is afforded the opportunity to prepare a defense.
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Advocate for or against allowing a cause of action for wrongful
birth (you can advocate either way, but you will learn more if you
defend the position you instinctively disagree
with).
Answers
Wrongful birth refers to a scenario whereby medical professionals do not adequately advise a parent about potential abnormalities in their unborn child during prenatal testing.
The parent may have decided against having the baby if they had known of the issues beforehand. Such parents can sue the healthcare provider for wrongful birth. There is no one right answer to whether a cause of action should be allowed in a wrongful birth. However, let's advocate against it.
It is not ethical to allow for wrongful birth lawsuits. Firstly, the responsibility of such lawsuits falls squarely on medical professionals. Medical professionals already carry an immense burden of dealing with human life. Doctors should not have to carry additional weight in cases where the issue was not caused by the medical personnel. As a result, wrongful birth cases may be detrimental to medical professionals' careers. Doctors may stop taking on high-risk cases to avoid potential litigation, resulting in the loss of innocent lives.Secondly, wrongful birth cases are a blatant disregard of human life. The child is a living and breathing individual that should not be subject to lawsuits. A child is a gift and a blessing regardless of their physical or mental condition. The laws surrounding wrongful birth should not devalue human life.Finally, wrongful birth lawsuits promote eugenics, which is a practice of selectively choosing traits in offspring. If wrongful birth lawsuits were to be allowed, it would lead to the promotion of aborting children with any perceived abnormality. It is ethically wrong to promote selective abortion based on perceived genetic defects.
In conclusion, wrongful birth lawsuits are not ethical. They promote selective abortions and disregard human life. Medical professionals are already under a great burden, and wrongful birth lawsuits would increase their workload and cause them unnecessary stress. A child's life is precious, and their physical or mental conditions do not determine their worth. Therefore, a cause of action for wrongful birth should not be allowed.
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LMNOP Corp. has been convicted under the Sherman Act for two distinct and separate violations. LMNOP may be fined as much as _____ for these two violations.
Answers
Answer:
200 million dollars.
Explanation:
The Sherman Law is an anti-trust law implemented in the year 1980 to outlaw market monopolization and anticompetitive agreements among businesses and corporations. The Sherman Antitrust Act states that corporates that violate the law would be subjected to a fine of about 100 million dollars per violations.
Therefore, if LMNOP Corp. has been convicted of two distinct and separate violations under the the Sherman Act, LMNOP may be fined as much as 200 million dollars for these two violations.
What is the environmental impact assessment act, and its
benefits? (please answer in a detailed non- plagiarized answer
)
Answers
The Environmental Impact Assessment Act evaluates and manages the environmental impacts of proposed projects, promoting sustainable development and environmental protection.
A framework for assessing and managing the potential environmental effects of proposed projects or activities is established by the Environmental Impact Assessment Act. Its main advantages include promoting sustainable development by taking into account social, economic and environmental factors, protecting the environment by identifying and mitigating negative effects and facilitating public participation in decision making processes.
The act promotes project enhancements and modifications, ensures adherence to environmental regulations and provides comprehensive information on environmental impacts to enable informed decision making. The EIA Act promotes more environmentally conscious and sustainable development, ecosystem protection and a balance between development and conservation by incorporating environmental factors into project planning.
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What is the purpose of statutory laws? *
A)They give executive agencies their power
B)They limit the power of government
C)They allow state legislations to make laws
D) They protect the right of the people
Answers
A common economic situation where an economy's resources are insufficient to meet the existing wants and must be used judiciously is referred to as ______.Multiple choice question.distributionallocationscarcitypoverty
Answers
The common economic situation where an economy's resources are insufficient to meet the existing wants and must be used judiciously is referred to as scarcity.
A fundamental idea in economics, scarcity describes the situation where there are few resources compared to an infinite number of wants and needs. It indicates that there are not enough resources, including land, labor, capital, and natural resources, to meet all of the needs and wants of both individuals and society as a whole.
Choices and trade-offs must be made due to scarcity. People, companies, and governments must divide their scarce resources among a variety of competing uses while deciding what products and services to create and how to dispense them. This leads to the study of economics, which focuses on the effective distribution of limited resources to satisfy the needs and wants of people and society to the greatest extent possible.
Due to the necessity of decision making, opportunity costs, and the requirement for efficient resource management, scarcity is regarded as a fundamental economic problem. It underlies all economic systems and serves as the foundation for ideas like supply and demand, price setting, and the requirement for trade offs when allocating resources.
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Complete question is "A common economic situation where an economy's resources are insufficient to meet the existing wants and must be used judiciously is referred to as ______.
Multiple choice question.
distributional
location
scarcity
poverty"
States and localities have the most discretion in establishing policy when federal funding is derived from.
Answers
Answer:
A federal mandate
States and localities have the most discretion in establishing policy when federal funding is derived from a federal mandate The Americans with Disabilities Act, which provides protections for the disabled, is an example of shifting the responsibilities and costs for many programs to state governments
Explanation:
Consensus is a very important requirement for there to be a binding contract between the parties. Explain the two
circumstances under which, even though there might be a factual consent, one may object to being bound by the contract
because their consent was improperly obtained.
Answers
While agreement is necessary for a legal agreement, there are two instances in which a party may object to being bound by a legal agreement even when they have given their factual assent because their consent was wrongfully obtained.
These situations are referred to as "mistake" and "duress."
1. Mistake: A party may claim that their permission was wrongly obtained if they enter into a contract based on an incorrect interpretation of a key clause.
2. Duress: Duress is the term used to describe a situation in which one party is compelled or forced into signing a contract against their choice. Threats, physical violence, blackmail, or any other illegal pressure applied by the other party may be used as forms of coercion.
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Is there any restriction that applies to computer games advocating the doing of a terrorist act in Australia? 1. Australian law protects such cases as a form of freedom of speech/expression. 2. Such games may not be sold publicly but distribution for private use is allowed. 3. Such games may not be sold or provided online. 4. Such games may not be screened. 5. Options 2 and 4 above 6. Options 3 and 4 above 7. Options 1 and 2 above 8. None of the above
Answers
Computer games that encourage carrying out terrorist acts are subject to a ban on public sale in Australia, however private usage of such games is permitted. Describe terrorism. A crime or an action that intentionally spreads fear, usually by violence against people or property, is referred to as terrorism. Terrorist acts are carried out to advance a specific political philosophy or cause. Terrorists include anyone or any group of people who carry out terrorist acts. Australian legislation on terrorism-promoting video games. Australian law prohibits the sale of video games that encourage the commission of terrorist acts. On the other hand, private use distribution is allowed. However, such games may not be sold or provided online, nor may they be screened.
Therefore, Option (2) and (4) above is the correct answer. Option (1) is incorrect since Australian law does not protect computer games that advocate terrorism as a form of freedom of speech/expression. In Australia, advocating a terrorist act is a crime. As a result, computer games that promote terrorism are not regarded as protected speech or expression. Option (3) is also incorrect since Australian law does not allow for the online sale or provision of computer games that advocate for the commission of a terrorist act.
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Which of these arguments might be used by someone who supports strict campaign finance laws brainly.
Answers
The argument that might be used by someone who supports strict campaign finance laws is the Corporations and labor unions that have too much power.
The legal framework that governs the commercial banking, capital markets, insurance, derivatives, and investment management industries is known as financial law. Understanding financial law is essential to understanding the development of banking and financial regulation as well as the overall legal framework of finance. Legal billables depend on sound and unambiguous legal policy regarding financial transactions, which is a significant portion of commercial law and, most significantly, a significant portion of the global economy. As a result, both public and private law issues are covered by financial law, the legislation governing the financial industries. Understanding the legal ramifications of financial transactions and structures like indemnities and overdrafts is essential to understanding their impact. The basis of financial law is found here.
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Which of these situations demonstrates the principle of anticipation
Answers
The situation that demonstrates the principle of anticipation is when an investor buys above market because they know an area is rapidly increasing in value.
What is the principle of anticipation?The principle entails the idea that suggest the present value of a property is affected by the anticipated income or utility.
As an appraiser considers this principle as he works to arrive at a value for the home, it is an important method where the appraiser uses the income approach to determine the value of a property.
Hence, in this context of question, the situation that demonstrates the principle of anticipation is when an investor buys above market because they know an area is rapidly increasing in value.
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Select the correct answer. Walter plays an important role in the correctional system of the United States. He works at a prison, where his primary duty is to make various policies with respect to the prison's staff. Further, it is Walter's responsibility to ensure safety at the correctional facility. Which of these roles does Walter seem to perform?
Answers
The Options available are: A. jailer B. parole officer C. warden D. detention officer
Answer:
C. Warden
Explanation:
Wardens, often referred to as Prison Wardens are the individuals employed to manage and act as administrator to prison or correctional facility. Their main responsibilities involves, day to day activities, adhering to the necessary laws, rules and regulations applicable, overseeing financial operations, securing the safety of the facilities and other staff, and also the well being of the prisoners.
It is not option A which Jailer, as Jailer's responsibility only involves jailing of prisoners. S/he is often referred to as Prison guard.
It is not option B which is Parole Officer, as Parole Officer's role is to monitor or work with the ex prisoners or those that are in sanctions of community service, but not actual prison.
It is not option D, which is Detention Officer, as Detention Officer's role is to oversee the safe imprisonments of prisoners, which often involves stopping of fighting and attacks among inmates, as well against prison staff.
Hence, the correct answer is Warden.
3. A style of leadership where leaders consult with followers who are allowed to participate in
decision-making is
(4 Points)
laissez-faire
chaotic
democratic
participatory
Answers
Answer:
participatory