Answer:
calculate it by self and know
Answer: There are certain situations where a deposit is required from either buyer or seller. In such cases, you may issue a prepayment invoice, sometimes called a prepaid invoice.
A prepayment invoice is a document used to record advance payments from suppliers or clients. It contains the amount to be prepaid on a sales order and enables you to invoice deposits required from clients or sellers.
Prepayments can be calculated based either on the percentage of the total order or have a fixed amount.
Explanation:
In James v. Bob Ross Buick, where James had been fired from a car dealership that then sent letters to customers under his name, James sued for:a. slander b. libelc. invasion of privacy d. fraude. none of the other choicesANSWER: c
under James v. Bob Ross Buick, James filed a lawsuit for invasion of privacy after being fired from a vehicle dealership that afterwards sent letters to clients under his name.
What exactly does privacy infringement entail?A person whose privacy has been violated may be entitled to sue the offending person or entity for damages. Invasion of privacy is defined as the unauthorised entry into another person's private affairs.
What is an instance of a privacy invasion?taking pictures or films of someone without permission inside their house or another private location; continuous telemarketing calls; leaking private information about a person who has injured or caused damage in the public
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Which type of libel typically involves accusations of criminal activity, unethical activity or practice, unprofessional behavior and/or immoral actions?
The sort of libel that usually contains claims of criminal behaviour, unethical activity or practise, unprofessional attitude, and/or immoral activities is called "defamation per se."
The correct answer is defamation per se.
The term "defamation per se" refers to a type of libel considered so inherently harmful that it is automatically presumed to have caused damage to the plaintiff's reputation without any need for further proof of actual harm. In defamation per se cases, the plaintiff may be entitled to recover damages without proving actual harm, making it easier for plaintiffs to pursue legal action against defamatory statements.
However, it is still necessary to prove that the statement was false and made with a degree of fault, such as negligence or actual malice, depending on the circumstances of the case.
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What standard from New York Times v. Sullivan is used in a landmark case involving the intentional infliction of emotional distress?
The standard from New York Times v. Sullivan that is used in a landmark case involving the intentional infliction of emotional distress is the actual malice standard.
This standard requires that the plaintiff prove that the defendant acted with actual malice.This means that they knew the statements they made were false or made them with reckless disregard for the truth.
This standard was established in New York Times v. Sullivan in order to protect free speech rights under the First Amendment and prevent the chilling effect that could result from allowing public figures to sue for defamation without having to prove actual malice.
In cases involving intentional infliction of emotional distress, the actual malice standard is used because it helps to ensure that plaintiffs are not able to use this cause of action to stifle free speech or punish people for expressing their opinions or beliefs.
By requiring plaintiffs to prove that defendants acted with actual malice, the standard helps to balance the interests of free speech and protecting individuals from harmful and outrageous conduct that causes severe emotional distress.
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T or F -- There is no defense in an intentional infliction of emotional distress case if plaintiff proves his or her case.
The statement "There is no defense in an intentional infliction of emotional distress case if the plaintiff proves his or her case" is False. Defendants can use defenses against accusations of intentional emotional harm, even after the plaintiff has established their case.
While it may be challenging to defend against intentional infliction of emotional distress claims once the plaintiff has proven their case, there are still potential defenses available. Here is a brief explanation:
1. Consent: If the defendant can prove that the plaintiff consented to the conduct that caused the emotional distress, this may serve as a valid defense.
2. Privilege: In some situations, the defendant may be protected by a privilege, such as the right to free speech or the right to discipline a child, which may justify the actions that led to the emotional distress.
3. Lack of intent: The defendant may argue that their actions were not intended to cause emotional distress but were instead a result of negligence or some other unintentional act.
4. Statute of limitations: If the plaintiff fails to bring their claim within the time period prescribed by law, the defendant may use the statute of limitations as a defense.
5. Truth as a defense in defamation cases: If the plaintiff's emotional distress arises from defamatory statements, the defendant may assert the truth of the statements as a defense.
In conclusion, while it may be difficult to defend against a claim of intentional infliction of emotional distress once the plaintiff has proven their case, there are still potential defenses available to the defendant.
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how has judicial challenges meant that courts are more assertive
Judicial challenges have meant that courts are now more assertive than ever before.
The courts are now taking on a more active role in interpreting and enforcing the law, challenging government decisions and policies, and pushing for greater transparency and accountability from the government.
This has been made possible through the advent of new judicial tools such as the power of judicial review, public interest litigation, and the increased use of constitutional remedies. As a result, courts are now more likely to intervene in matters of public and private importance, as well as in cases that involve the rights of individuals.
This increased assertiveness has enabled the courts to become a more effective check on the power of the government, while also providing a greater measure of protection and justice for individuals.
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To have a case in tort, the injury sustained by a person must be:a. unreasonably sustainedb. the consequence of the wrongdoing of another c. criminal in natured. based on a privity relationship e. none of the other choices
To have a case in tort, the injury sustained by a person must be b. the consequence of the wrongdoing of another
A person must typically suffer suffering as a result of the misconduct or carelessness of another party in order to establish a case in tort, which is a civil wrong that harms someone. As a result, considerable harm must have been brought about by someone else's acts or inactions.
In such a case the victim that underwent harm must prove that the negligent person owed them a duty of care and that the violation of that duty led to the harm. The harm cannot simply be the result of pure accident or deliberate criminal behaviour; it must be the result of another's fault or wrongdoing.
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What gave rise to the lawsuit in New York Times v. Sullivan?
New York Times Co. v. Sullivan was a landmark case in U.S. law that arose from a full-page advertisement published in the New York Times in 1960. The advertisement criticized confident Montgomery, Alabama officials for handling civil rights protests.
L.B. Sullivan, one of the officials in the ad, filed a libel lawsuit against the newspaper, claiming that the ad had damaged his reputation. The Supreme Court ultimately ruled in favour of the New York Times, establishing important protections for free speech and the press.
The Court ruled that public officials seeking libel damages must demonstrate "actual malice," which means that the speaker knew the remark was untrue or said it with reckless disregard for the truth. This ruling greatly expanded protections for free speech and the press and is still considered a landmark decision in U.S. law today.
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how is the bias in the judges changing and meaning they protect our liberties better?
The bias in judges has been shifting over the years to better protect our liberties. Judges are increasingly recognizing that civil rights and liberties should be respected and protected.
They are taking a more active role in ensuring that individuals have access to justice and that their civil rights are respected. The courts are also taking a more active role in the interpretation of laws, balancing the interests of the state and individuals.
Judges are becoming more aware of the importance of civil rights and liberties, and are more likely to consider these issues when making decisions.
As a result, judges are more likely to interpret laws in ways that protect the rights of individuals and are more likely to recognize that certain rights should be protected. In this way, judges are helping to ensure that our liberties are respected and protected.
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Do not park next to a red curb, Do no park on a sidewalk or in a marked or unmarked crosswalk, Park no more than 18 inches from the curb.
All three statements provided are true. Do not park next to a red curb, do not park on a sidewalk or in a marked or unmarked crosswalk, and park no more than 18 inches from the curb.
1. Do not park next to a red curb: This statement is true. Red curbs typically indicate a fire zone or a no-parking area. Parking next to a red curb is generally prohibited in order to maintain access for emergency vehicles.
2. Do not park on a sidewalk or in a marked or unmarked crosswalk: This statement is also true. Parking on a sidewalk or in a crosswalk, whether marked or unmarked, is not allowed. This is because sidewalks and crosswalks are designated areas for pedestrians, and parking there could block their path and create a dangerous situation.
3. Park no more than 18 inches from the curb: This statement is true as well. When parallel parking, it is important to park no more than 18 inches from the curb. This ensures that your vehicle is not obstructing the roadway and allows for the smooth flow of traffic.
In summary, all three statements provided are true. Do not park next to a red curb, do not park on a sidewalk or in a marked or unmarked crosswalk, and park no more than 18 inches from the curb. These parking guidelines help maintain the safety and order of roadways and pedestrian areas.
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Complete Question:
Which of these statements is true?
Do not park next to a red curb,Do no park on a sidewalk or in a marked or unmarked crosswalk,Park no more than 18 inches from the curb.The intentional detention of a person may be the tort of:a. battery b. assaultc. defamation d. duresse. false imprisonment
The intentional detention of a person may be the tort of false imprisonment. d)False imprisonment occurs when a person is confined or restrained without their consent or without lawful authority.
The confinement may be physical, such as being locked in a room, or psychological, such as threatening someone to stay in a specific location.
False imprisonment is considered a violation of a person's liberty and can result in legal action against the individual or entity responsible. It differs from assault and battery, which involve physical harm or threats of harm, and defamation, which involves the spread of false information that harms a person's reputation.
Duress, on the other hand, refers to coercion or threats that force a person to do something against their will, but it does not necessarily involve confinement or restraint.
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Illegal wire tapping is an intrusion into a person's solitude and an example of the tort of:a. negligenceb. invasion of solitude c. invasion of privacy d. batterye. false imprisonment
Illegal wiretapping is an example of the tort of invasion of privacy. It involves the intentional intrusion into someone's private affairs without their consent, which includes the interception and recording of their private conversations through wiretapping. Thus, option C is correct.
Invasion of privacy is a tort that involves the violation of a person's right to privacy. It occurs when someone intentionally interferes with another person's private affairs without their consent.
This interference can take various forms, including the disclosure of private information, the intrusion into someone's personal space, the publication of false and damaging information, or the use of someone's name or likeness for commercial purposes without permission.
Invasion of privacy can have serious consequences, including emotional distress, reputational harm, and financial losses. As a result, there are laws and regulations in place to protect individuals from this type of violation of their privacy rights.
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Tort law can be classified as:a. negligentb. intentionalc. strict liabilityd. all of the other choicese. none of the other specific choices
There are three subfields of Tort law careless errors, deliberate errors, and severe responsibility errors. It's D, which includes all of the other options.
A tort is an act or elision that causes detriment to another person and is a civil wrong for which the law holds the responsible party responsible. There are three subfields of tort law careless errors, deliberate errors, and severe responsibility errors.
Careless errors are hurts finished to individualities through the disappointment of one further to exercise a specific degree of care, generally characterized as a sensible norm of care. The law of unlawful injuries has been appertained to as tort law.
People who have been hurt by evildoers' negligence, neglectfulness, or purposeful conduct are defended and compensated by the law.
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Sole proprietors are not considered employees of their business and are not liable for payroll taxes. Instead, sole proprietors pay_________.-_________ tax on their business profits.
Sole proprietors are not considered employees of their business and are not liable for payroll taxes. Instead, sole proprietors pay self-employments tax on their business profits. This tax is composed of Social Security and Medicare taxes, which are the same taxes that are withheld from the paychecks of employees.
The self-employment tax applies to any net earnings from self-employment. The net earnings are calculated by subtracting all business expenses from the total gross income of the business. The self-employment tax rate is currently 15.3%, with 12.4% of the rate going to Social Security and the remaining 2.9% going to Medicare.
Unlike employees, who split the tax burden with their employer, sole proprietors are solely responsible for the entire 15.3% self-employment tax. This tax is generally lower than the total payroll tax an employee would pay, but higher than the payroll taxes paid by an employer.
Sole proprietors must also pay federal income tax on their net earnings from self-employment. The tax rate for sole proprietors is the same as for other taxpayers and depends on their income level. In addition, some states and localities levy their own income taxes on sole proprietors.
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what are the most important advantages of unit management in
implementing correctional recreation programmes?
These advantages include improvements to one's bodily and mental health, a rise in institutional safety, and a decrease in recidivism.
What role does unit management play?
Improved communication between staff and prisoners, consistency for both staff and inmates, more direct supervision and monitoring of offenders, and empowered decision-making at the front line are all benefits of unit management.
What advantages can jail leisure programmes offer?
A psychological advantage of recreation programmes in jail is that they have been shown to increase inmates' feelings of self-worth. A male prisoner may not require anything more than active engagement in sports to feel manly. Therefore, recreation aids convicts' good self-esteem development and maintenance.
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The legal term referring to the domestic buildings that surround and support a residence is:
Answer:
Explanation:
The legal term referring to the domestic buildings that surround and support a residence is "curtilage".
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3. A primary election in which voters are required to identify a party preference before the el
A primary election in which voters are required to identify a party preference before the election and are only allowed to vote for candidates of that party is called a closed primary. Only registered party members can participate, and they can only vote for candidates within their chosen party.
This system aims to encourage party loyalty and give party members more control over the nomination process. To vote in a closed primary, voters must register with a political party before the election, usually by a predetermined deadline. The closed primary process typically involves the following steps:
1. Voter registration: Voters must register with a political party before the election.
2. Distribution of ballots: On Election Day, registered party members receive a ballot that includes only their party's candidates.
3. Voting: Voters can only vote for candidates within their registered party.
4. Tallying votes: After the polls close, the votes are counted to determine the winning candidate for each party.
5. Nomination: The winning candidates from each party move on to the general election to compete against each other.
Closed primaries help parties select nominees who best represent their core values and ideology. However, some argue that closed primaries can lead to more extreme candidates being nominated, as they appeal mainly to the party's base rather than the broader electorate.
Additionally, closed primaries can exclude independent voters or those who do not wish to formally align with a political party, potentially limiting voter engagement and participation in the election process.
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Complete Question:
A primary election in which voters are required to identify a party preference before the election and are only allowed to vote for candidates of that party is called?
Tort suits generally come from:a. customer carelessness or ignoranceb. unexpected instances of carelessness or bad behavior c. failure to plan for unexpected catastrophesd. natural disasterse. repeated failure to comply with industry regulations
Tort suits generally come from unexpected instances of carelessness or bad behavior. option (b)
A tort is a civil wrong that causes harm or injury to another person or property. Tort suits can arise from a wide range of circumstances, including accidents, intentional wrongdoing, and negligence. Negligence is the most common basis for tort claims and arises when a person or entity fails to exercise reasonable care, causing harm to another person.
Tort claims can also be based on intentional conduct, such as assault or battery, defamation, or false imprisonment. While failure to comply with industry regulations or planning for unexpected catastrophes may contribute to tort claims, the primary source of such claims is unexpected instances of carelessness or bad behavior.
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To be liable for an intentional tort the defendant must have:a. thought through the consequences of his action b. "considered" the consequences of his actionsc. been unaware of the consequences of his actions d. engaged in a voluntary actione. none of the other choices
To be liable for an intentional tort, the defendant must have engaged in a voluntary action intending to cause a particular result or knowing that the result was substantially certain to occur.
The correct answer is either A or B.
This means that the defendant must have acted purposefully or knowingly instead of accidentally or negligently. The defendant must have intended to cause the specific harm that occurred rather than acting recklessly or with a general disregard for the safety of others.
Intent can be established through direct evidence, such as an admission by the defendant, or through circumstantial evidence, such as the nature of the defendant's actions or statements. In some cases, intent may be inferred from the defendant's reckless or wanton behaviour, which shows a conscious disregard for the safety of others.
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When a defendant raises this defense, the defendant is stating that something beyond the control of the defendant, and potentially the plaintiff, caused the plaintiff's injury without the plaintiff assuming the risk of injury?
- Assumption of risk
- Intervening cause
- Comparative negligence
- Contributory negligence
The defence being described is "intervening cause". An intervening cause is an event that occurs between the defendant's actions and the plaintiff's injury that breaks the chain of causation.
The correct option is B.
When a defendant raises this defence, the defendant is arguing that something beyond their control, such as an event or action of a third party, caused the plaintiff's injury. The defendant is, therefore, not liable for the plaintiff's damages.
Unlike "assumption of risk," which involves the plaintiff knowingly and voluntarily accepting the risk of injury, or "comparative negligence" and "contributory negligence," which involve the plaintiff's actions contributing to their injury, "intervening cause" is an external factor that breaks the chain of causation between the defendant's actions and the plaintiff's injury.
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When a defendant files a(n) _________ he is attacking the plaintiff's pleading as not stating a cause of action or defense.
When a defendant files a(n) "motion to dismiss," he is attacking the plaintiff's pleading as not stating a cause of action or defence because a motion to dismiss is a legal filing made by a defendant in response to a complaint filed by a plaintiff.
The correct answer is motion to dismiss.
The motion argues that the plaintiff's complaint is legally insufficient and fails to state a claim upon which relief can be granted. In other words, the defendant claims that even if everything the plaintiff says in the complaint is true, there is no legal basis for the plaintiff to recover.
The defendant may argue that the complaint is missing essential elements, that the facts alleged in the complaint do not constitute a legal claim, or that some legal doctrine, such as the statute of limitations, bar the complaint. The court will evaluate the motion to dismiss and determine whether the plaintiff has sufficiently stated a cause of action or defence.
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Voir dire examination is used in connection with:
The purpose of right-to-work laws is to _______________.A. encourage full employment in the economyB. make it illegal to force people to join a union to get or keep a jobC. require that employers bargain in good faith with union representativesD. prohibit unions from organizing in a particular state
The purpose of right-to-work laws is to make it illegal to force people to join a union to get or keep a job, to protect workers' freedom of association and to prevent unions from exerting undue influence over employment decisions.
The correct option is B.
Right-to-work laws are currently in effect in 27 states in the United States, primarily in the southern and western regions of the country. These laws are controversial, with supporters arguing that they promote individual freedom and encourage economic growth by making states more attractive to businesses.
One of the critical provisions of right-to-work laws is the prohibition of "union security clauses" in collective bargaining agreements. These clauses require employees to join a union or pay union dues as a condition of employment. In states with right-to-work laws, employees are free to work without joining a union or paying union dues, even if a union represents their workplace.
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Dan writes a $50 check at the grocery store to pay for his purchases. His checkbook shows a balance of $95. Unknown to Dan, he has made an error in subtraction and his account actually contains only $15. So far, the most serious offense, if any, Dan has committed is:
Assuming that Dan had no intention to deceive or defraud the grocery store, the most severe offence he has committed is likely to be a misdemeanour charge of passing a bad check or writing a check with insufficient funds.
The correct answer is misdemeanour.
In most states, passing a bad check, also known as a check to kite or writing a check with insufficient funds, is a criminal offence. The severity of the offence depends on the amount of the check, the defendant's intent, and whether the defendant has any prior convictions for similar offences. Since the check amount in this scenario is $50, the offence would likely be classified as a misdemeanour.
However, if it can be proven that Dan knowingly wrote a check with insufficient funds to deceive or defraud the grocery store, he could face more severe charges of check fraud or even theft.
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TRUE/FALSE. A court that can only hear disputes involving damages of $5,000 or less has a limited jurisdiction.
The statement "A court that can only hear disputes involving damages of $5,000 or less has a limited jurisdiction" is true. This means that the court has a specific and narrow authority to hear only cases with a certain monetary limit.
This type of court is typically referred to as a small claims court, and its purpose is to provide a simplified and cost-effective process for individuals and small businesses to resolve disputes without the need for expensive legal representation.
Small claims courts have strict rules and procedures that limit the types of cases they can hear, the amount of damages that can be awarded, and the jurisdiction over parties involved. In most cases, small claims courts can only hear disputes involving minor legal issues, such as breach of contract, property damage, or personal injury claims.
It is important to note that while small claims courts have limited jurisdiction, they can still provide a valuable resource for individuals and businesses seeking to resolve disputes quickly and efficiently. By utilizing small claims courts, parties can save time and money, and avoid the stress and uncertainty of a more formal legal process.
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how does judicial criticism of government policy make them more assertive
Judicial criticism of government policy is an important factor in making governments more assertive.
It serves to ensure that governments remain accountable to the people, and that they are held to the same standards as everyone else. Judicial criticism can also serve to encourage governments to take a more proactive approach to policy-making, as they are forced to justify their decisions in a court of law.
This helps to ensure that governments are taking into account the opinions of their citizens and are making decisions with their best interests in mind. It also serves to ensure that governments are not taking actions which may be deemed to be unjust or unethical. Judicial criticism can thus help to make governments more assertive, as it serves to keep them accountable for their actions.
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For a person's negligent conduct to be legally linked to its consequences, the chain of events connecting the two must be:a. unbrokenb. foreseeable c. explainable d. undisputablee. none of the other choices
For a person's negligent conduct to be legally linked to its consequences, the chain of events connecting the two must be foreseeable. In order to establish negligence, the following elements must be proven: duty of care, breach of that duty, causation, and damages.
Causation is a key element and can be divided into two components: actual causation and proximate causation. Actual causation is the "cause in fact" or "but for" test, which establishes whether the defendant's actions were the factual cause of the plaintiff's injuries.
Proximate causation, on the other hand, addresses the scope of liability by determining whether the defendant's conduct was sufficiently related to the plaintiff's injuries. Foreseeability is an essential aspect of proximate causation. It means that the defendant should have reasonably anticipated that their actions could cause harm to the plaintiff.
The chain of events must be unbroken and directly linked to the consequences. If an unforeseeable intervening cause occurs, breaking the chain of events, the defendant may not be held liable for the plaintiff's injuries.
In summary, to legally link a person's negligent conduct to its consequences, the chain of events connecting the two must be foreseeable, which helps establish proximate causation.
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Who was Alberto fujimori ?
Answer:
Alberto Fujimori was a Peruvian politician who served as the President of Peru from 1990 to 2000. He was born in Lima, Peru in 1938, and he was of Japanese descent.
During his presidency, Fujimori implemented a number of economic and political reforms, including privatizing state-owned industries, reducing inflation, and fighting against terrorism. However, his presidency was also marked by allegations of human rights abuses, corruption, and authoritarianism.
In 2000, Fujimori fled to Japan amid a corruption scandal, but he was later arrested in Chile and extradited to Peru. In 2009, he was convicted of human rights violations and sentenced to 25 years in prison. However, he was released from prison in 2017 on medical grounds.
You run towards someone screaming and swinging a stick. You were only kidding, but the person you were running at thought you were serious. You might be sued for the tort of:a. invasion of right to privacyb. libelc. assault d. batterye. false imprisonment
In this case, we could face legal action for the crime of "assault."
A person commits an assault when they purposefully lead someone else to reasonably anticipate a damaging or offensive encounter. Despite the fact that you were merely joking and did not have the intention of hurting the other person, your conduct of dashing in their direction while yelling and swinging a weapon could be interpreted as menacing and could give rise to reasonable fears of danger or offensive contact on their part. Therefore, what you're doing can qualify as an assault.
Hence, the correct option is C.
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The tort that you might be sued for in this situation is assault. Assault is the act of intentionally causing someone to fear an imminent harmful or offensive contact, even if there is no actual physical contact.
In this case, your actions of screaming and swinging a stick towards the other person could reasonably cause them to fear that you might actually hit them with the stick, even if you had no intention of doing so it is harmful . Therefore, you could be held liable for assault, regardless of whether or not you were kidding.
None of the other options provided - invasion of right to privacy, libel, battery, or false imprisonment - would be appropriate in this situation since they involve different types of harm or injury. Invasion of privacy would require a violation of the person's privacy rights, libel would require making false statements that harm their reputation, battery would require actual physical contact for assault , and false imprisonment would require unlawfully restraining the person's freedom of movement.
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Lawyers or judges Currently or Formerly in Government Service
Lawyers or judges who have previously served in government positions are often highly valued in the legal profession due to their experience and knowledge of government operations. These individuals may have worked as government attorneys, judges, or other legal professionals in various government agencies or branches of government.
Their experience working in government can make them valuable resources for clients seeking legal counsel related to government regulations, policies, or procedures. Additionally, their understanding of the inner workings of government can be helpful in navigating complex legal issues that involve government agencies or officials.
Overall, lawyers or judges with government experience can bring a unique perspective and set of skills to their legal practice, making them valuable assets to both clients and the legal profession as a whole.
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give 3 acts which have undermined civil liberties
1. Patriot Act: The Patriot Act was a series of laws passed in the United States after the September 11th attacks in 2001. It greatly expanded the powers of law enforcement and intelligence agencies to monitor the activities of citizens and non-citizens, without the need for a warrant or probable cause. The act has been widely criticized for undermining civil liberties and due process rights.
2. Internment of Japanese Americans: During World War II, the U.S. government ordered the internment of 120,000 Japanese Americans in camps across the country. This was done without any due process and was seen as a violation of civil liberties.
3. Alien and Sedition Acts: The Alien and Sedition Acts were four laws passed by the U.S. Congress in 1798. These laws made it easier for the government to deport immigrants, restricted freedom of speech, and allowed for the arrest of anyone deemed to be a threat to the country. They were widely seen as an attack on civil liberties and were later repealed.
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