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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The tort that protects individuals from harm based on careless and unintentional conduct of others is called:a. conversion b. negligencec. strict liabilityd. absolute liabilitye. none of the other choices
The tort that protects individuals from harm based on careless and unintentional conduct of others is called negligence. Option (B)
Negligence is a legal concept that refers to the failure to take reasonable care, which results in harm to another person or property. In order to prove negligence, the plaintiff must establish four elements: duty of care, breach of duty, causation, and damages.
The defendant must owe a duty of care to the plaintiff, breach that duty by failing to meet the required standard of care, and this breach must have caused the plaintiff harm.
The plaintiff must have suffered damages as a result of the defendant's breach of duty. Negligence is the most common tort and is used to hold individuals and organizations accountable for their careless actions.
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The three privileges that may be used as a defense to a defamation action are conditional, constitutional, and:a. Congressionalb. conditional per se c. absoluted. legislativee. none of the other choices
The three privileges—constitutional, absolute, and conditional—that may be invoked as a defense in a defamation case are.
When the defendant has a duty or interest in uttering the allegedly defamatory comment, like in the context of a job reference or a news story, conditional privilege may apply. The First Amendment's protection of expression on issues of public concern is referred to as constitutional privilege.
On the other hand, absolute privilege offers total protection from accountability for specific sorts of statements made in specific situations, including statements made during legal proceedings or by lawmakers while doing their official duties.
Hence, the correct option is C.
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What is required of states that do not have OSHA-approved job safety and health plans? They are required to meet basic workplace safety protocol. They are required to meet basic workplace safety protocol. They are required to have emergency management plans and workplace safety protocol. They are required to have emergency management plans and workplace safety protocol. All states are required to have OSHA-approved job safety and health plans. All states are required to have OSHA-approved job safety and health plans. They are required to meet federal OSH laws and standards
The correct options required of states that do not have OSHA-approved job safety and health plans are A, B and D.
A. They are required to meet basic workplace safety protocol.
B. They are required to have emergency management plans and workplace safety protocol.
D. They are required to meet federal OSH laws and standards.
To stop workers from being murdered or suffering other types of injury at work, the Occupational Safety and Health Act of 1970 (OSH Act) was established. Companies are obligated by law to provide safe working conditions for their employees. 29 state plans that have received OSHA approval are now running state-wide health and safety at work initiatives. Regulations and enforcement programs for State Plans must be at least as effective as those for OSHA, while they may have additional or more strict criteria. The correct options are A, B and D.
A safe and healthy workplace free from severe known threats is something that employers are required to offer. This is sometimes referred to as the OSH Act's General Duty Clause. Numerous OSHA regulations specify several ways that companies must educate their staff, including warning signs, color-coding, signals, and training. The correct options are A, B and D.
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what is Relation Back of Amendments, Notice to the United States
Relation back of amendments ensures consistency in legal proceedings, while notice to the United States requires parties to inform the government before using it to resolve the claim without litigation.
Relation back of amendments refers to the legal principle that an amendment to a legal document, such as a contract or a lawsuit, is deemed to have been made as of the date of the original document.
This means that the amended version of the document is treated as if it had been in effect since the original document was created. This principle is designed to ensure consistency and fairness in legal proceedings and to prevent parties from gaining an unfair advantage by amending a document after the fact.
Notice to the United States, on the other hand, refers to the requirement that parties who are seeking to sue the federal government must provide the government with notice of their claim before filing a lawsuit. This requirement is designed to give the government an opportunity to investigate the claim and potentially resolve it without the need for litigation. The notice must generally be provided within a specified period of time after the claim arises, and failure to provide notice can result in the dismissal of the lawsuit.
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Even if an injured party establishes the required elements of negligence, the injured party may be denied compensation if the defendant establishes:a. a plausible cause b. a valid defensec. a proximate caused. a proximate defense e. a substantial defense
Even if the plaintiff has established the required elements of negligence, the defendant can still avoid liability if they can establish a B- valid defense.
Valid defenses can include things like contributory or comparative negligence, assumption of risk, or the statute of limitations has run out. If the defendant successfully establishes a valid defense, the injured party may be denied compensation.
In a negligence case, the plaintiff must prove four elements to establish liability: duty, breach of duty, causation, and damages. However, even if the plaintiff successfully proves all of these elements, the defendant can still avoid liability if they can establish a valid defense.
Valid defenses in a negligence case can include:
Contributory negligence: If the plaintiff's own negligence contributed to their injury, the defendant may be able to use this as a defense to avoid liability. Contributory negligence is a complete defense, meaning that the plaintiff will be barred from recovering any damages.
Comparative negligence: In some jurisdictions, the concept of comparative negligence applies instead of contributory negligence.
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Existing information and concepts that prove a patent's claims or components are not new or novel is referred to as
- Novelty
- Prior art
- Provisional patent
- First sale doctrine
The existing information and concepts that prove a patent's claims or components are not new or novel is referred to as prior art.
Prior art refers to any evidence that the invention or its components have already been publicly disclosed, described in a printed publication, or otherwise made available to the public before the filing date of the patent application.
Prior art can include previous patents, published research articles, technical manuals, product descriptions, public demonstrations, and other forms of public disclosure. If the patent examiner determines that the invention is not new or novel in light of the prior art, the patent application may be rejected or limited in scope.
Novelty, on the other hand, refers to the requirement that an invention must be new or original to be patentable.
Provisional patent refers to a type of patent application filed with the USPTO to establish an early filing date for an invention, while the first sale doctrine refers to the principle that allows the owner of a patented product to sell or transfer it without the patent owner's permission once the product has been lawfully sold or made available to the public.
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Write an affidavit that would be signed on you regarding the submission of your research paper. You should include all of the elements of the assignment.
RESEARCH PAPER INSTRUCTIONS ARE BELOW:
One research paper will be required for this course. The student may choose their topic, but it must be related to this course topic, subject matter, and approved by the instructor. Submitting a research paper without an approved topic will automatically receive a 10 point deduction.
The paper must be at least six (6) full pages for undergraduates and nine (9) full pages for graduates (not including bibliography or title pages) in MLA format. MLA format information can be found at EasyBib.comLinks to an external site.
Students may not submit a paper for this class that has been submitted for any other class. Students must include a minimum of 6 references.
Under no circumstances should a student cite a Wiki (i.e. Wikipedia) or any other open source website. If websites are used, they must be websites that are associated with legitimate educational or governmental entities.
The research paper must be submitted timely via Turnitin. For every day the paper is late there will be a 10 point deduction. The research paper may be submitted early.
An affidavit that would be signed on you regarding the submission of research paper is given below:
What is affidavit?An affidavit is a written statement that is notarized and is used as evidence in court. It is made under oath and is usually signed in the presence of a notary public. It is a sworn statement that is sometimes referred to as a “declaration under oath” or a “statement under oath”.
I, [Name], do solemnly swear that this research paper is my own original work and has not been used in any other course. I understand that if I submit a paper without an approved topic, I will receive a 10 point deduction.
I have followed the instructions regarding the length of the paper and the formatting requirements. I have included a minimum of 6 references, none of which are from a Wiki or other open source websites. I understand that the research paper must be submitted timely via Turnitin and for every day the paper is late, there will be a 10 point deduction. I have read and understand all of the requirements of the research paper and agree to abide by them.
Signed,
[Name]
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according to lecture, castle doctrine laws began in 2005 in the state of florida. what was the original purpose of florida's castle law
Answer:
The original purpose of Florida's "castle law," officially known as the "Stand Your Ground" law, was to expand the rights of individuals to use deadly force in self-defense. The law was enacted in 2005 and allows individuals to use deadly force to defend themselves without the obligation to retreat first. It also extends this right of self-defense to situations where the individual is not in their home, but in a place where they have a legal right to be, such as their car or workplace.
The law was controversial from the beginning, with critics arguing that it could lead to an increase in gun violence and disproportionate harm to marginalized communities. The law gained national attention in 2012 after the shooting death of Trayvon Martin, an unarmed Black teenager, by George Zimmerman, a neighborhood watch volunteer who claimed self-defense under the law. The case ignited a national debate about the law's merits and flaws and sparked protests and calls for reform.
Explanation:
TRUE OR FALSE Interest rates typically fall in a recession because the demand for money decreases when real income falls.
Interest rates usually fall during a recession. This is because during a recession, the demand for money decreases as people and businesses cut back on spending due to reduced real income. The given statement is TRUE.
As a result, banks and other lenders have excess funds to lend out, which leads to a reduction in interest rates. Additionally, central banks typically respond to a recession by cutting interest rates to encourage borrowing and spending, which can help stimulate economic growth.
However, it is important to note that the relationship between interest rates and economic conditions can be complex and may vary depending on a variety of factors.
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O, owner of Blackacre, has two children, A (daughter) and B (son). Subsequently B dies testate, devising all his property to W, his wife. B is survived by three children, B1 (daughter), B2 (son), and B3 (daughter). A1 (son) is born to A. Then O dies intestate. Who owns Blackacre in England in 1800? Under modern American law?
Blackacre in England in 1800, Property ought to be O's responsibility. It should go half to A and half to B's children because B is dead.
In the given case, it is explained that Two children, A (daughter) and B (son), were born to O, the proprietor of Blackacre. Following his death, B devised all of his possessions to his wife, W, in a testate will. B1 (daughter), B2 (son), and B3 (daughter) are his three surviving children.
Property should be O's responsibility. It should go equally to A and B's children since B is no longer alive.
According to the per stirpes doctrine, if the deceased person's kid passes away before the decedent, the child's property is transferred to the child's offspring via the right of participation.
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TRUE/FALSE. Mediation tends to keep discussions between parties proceeding.
TRUE, Mediation is a form of alternative dispute resolution that aims to facilitate communication and negotiation between conflicting parties. Mediators are trained to facilitate discussions and help parties identify their interests and find common ground.
The mediator's role is to remain neutral and not to take sides, but rather to encourage open communication and help parties explore various options and reach a mutually satisfactory agreement.
Through mediation, parties are encouraged to express their concerns and viewpoints in a safe and confidential setting, which can help to maintain a positive and respectful dialogue. Overall, the goal of mediation is to promote a collaborative and constructive approach to resolving disputes, rather than relying on adversarial tactics and escalating conflicts.
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Identify THREE (3) security responsibilities played by the Contracting Government in
offsetting changes of threat?
The information that Designated Authorities supply to the ships and ports regarding potential maritime hazards and their effects is assimilated by Contracting Governments.
What ought to be done at security level 3?With the utmost attention to detail and attentiveness, the following precautions should be implemented: restricting access to a single point that is managed. access is only given to authorised people or those attending to security incidents.
The contract of responsibilities is what?A contractual job description will typically include a specification of contractual responsibilities. You must sign a contract agreement in order to work in this field. The contract outlines the job's terms and circumstances. The contract must be signed before you are permitted to begin working.
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Under Texas law, a carjacking is normally prosecuted as a form of:
Under Texas law, carjacking is normally prosecuted as a form of robbery.
Robbery in Texas is defined as the intentional or knowing taking of property from another person, with the intent to deprive the owner of the property, and with the use of force, threat, or fear.
Carjacking typically involves the use of force or threat of force to take a motor vehicle from its owner, and therefore fits the definition of robbery under Texas law.
The penalty for robbery in Texas depends on the circumstances of the offense, such as whether a deadly weapon was used, whether serious bodily injury occurred, and the value of the property taken. However, in all cases, robbery is considered a felony offense in Texas and can result in significant prison time and fines.
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Discuss the effect of basic development programmes on behaviour modification in correctional centres.
Answer:
Basic development programs in correctional centers can have a positive effect on behavior modification among inmates. These programs aim to provide inmates with education, skills training, and counseling to help them transition successfully back into society upon their release.
Education programs, such as adult literacy and vocational training, can help inmates develop new skills and increase their chances of finding employment upon release. This can improve their self-esteem and reduce the likelihood of engaging in criminal behavior again.
Skills training programs, such as job readiness and entrepreneurship training, can help inmates gain valuable skills that can be used to secure employment or start their own businesses. This can improve their financial stability and reduce the likelihood of returning to criminal activities to earn a living.
Counseling programs, such as drug and alcohol rehabilitation and mental health services, can help inmates address underlying issues that may have contributed to their criminal behavior. This can lead to improved mental health and reduced likelihood of reoffending.
In summary, basic development programs in correctional centers can have a positive effect on behavior modification among inmates. By providing education, skills training, and counseling, these programs can help inmates develop new skills, increase their self-esteem, and address underlying issues that may have contributed to their criminal behavior. This can ultimately lead to reduced recidivism rates and improved outcomes for both the individuals and society as a whole.
element 4 of rule of law: the legal redress available through the courts.
Element 4 of the rule of law is the legal redress available through the courts, meaning that individuals and groups must have access to fair and impartial legal systems that can adjudicate disputes and remedy law violations.
For the legal system to provide adequate redress, there must be a transparent and predictable set of laws and regulations that are publicly accessible and can be easily understood. This allows individuals and groups to know their rights and responsibilities and to seek legal remedies when those rights are violated.
In addition, legal systems must be fair and impartial and provide equal protection under the law to all individuals and groups, regardless of their social status, wealth, or political power. This means that everyone must have the right to due process, including the right to a fair and impartial trial, legal representation, and appeal.
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Today, who has the burden of proof in a libel?
Today, the burden of proof in a libel case typically lies with the plaintiff. In a libel case, the plaintiff is the individual or entity claiming that a defamatory statement was made against them, causing harm to their reputation.
To succeed in their claim, the plaintiff must prove four essential elements: (1) the statement was defamatory, (2) the statement was published, (3) the statement identified the plaintiff, and (4) the statement caused harm to the plaintiff's reputation.
In some instances, the burden of proof may shift to the defendant to establish a defense, such as truth, privilege, or fair comment. However, the primary responsibility to demonstrate that a libelous statement was made and caused harm remains with the plaintiff.
It is important to note that public figures, like celebrities and politicians, face a higher burden of proof in libel cases. They must prove actual malice, meaning that the defendant knew the statement was false or acted with reckless disregard for the truth.
This higher standard helps to balance the plaintiff's right to protect their reputation with the defendant's right to free speech.
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The law of torts reflects:a. community standards b. social valuesc. the current business environment d. traditional standardse. all of the other choices
The law of torts reflects e. all of the other choices
Law of torts takes into account a variety of community norms, social values, the present economic climate, and established standards. The principles and regulations regulating tort law are influenced by a number of variables. Torts are civil wrongs that include injury done by one party to another. Tort law frequently reflects the accepted moral and ethical norms in a nation or community. These criteria can affect how courts perceive and implement tort law principles and may differ depending on cultural, regional, or social norms.
Social values, which include a society's prevailing morals, ethics, and beliefs, have an impact on tort law as well. By affecting ideas like duty of care, foreseeability, and reasonableness in deciding whether a party has acted negligently or wrongly, social values can affect tort law. Additionally, the present business environment, which includes commercial, technological, and economic aspects, may have an impact. The standard of care anticipated in tort proceedings involving product liability or professional negligence, might be affected by developments in technology or industry practises.
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what is Amendments During and After Trial, Based on an Objection at Trial
Amendments during and after trial, based on an objection at trial, refer to the process by which a party to a lawsuit seeks to amend or correct a pleading, typically a complaint or an answer, after a court has sustained an objection to the original pleading.
This process may be necessary when an objection is sustained to a particular allegation in the original pleading, and the party wishes to modify or add additional facts to the pleading to support their case.
In many cases, a party may seek to amend their pleading during or after trial to correct errors or omissions that were made in the original pleading. The rules governing amendments during and after trial can vary depending on the jurisdiction and the specific circumstances of the case, but generally, a party seeking to amend their pleading must demonstrate good cause for the amendment and provide notice to the opposing party.
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To defeat a defense of qualified privilege, the plaintiff must establish that the defendant acted with:a. purposeb. knowledge of the consequences c. half-hearted maliced. negligencee. none of the other choices
The plaintiff must prove that the defendant behaved "maliciously" in order to override a qualified privilege defense.
Malice in this situation refers to the defendant's actions being motivated by ill will, wrong intentions, or a careless disregard for the truth. This calls for more than just carelessness or simple negligence in the statement. The plaintiff must establish that the defendant either acted willfully in disregard of the truth or knowledge of the statement's falsity. The qualified privilege defense will not be valid if the plaintiff can prove malice, and the party responsible may be held accountable for defamation.
Hence, the correct option is C.
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L and T1 execute a lease for a specified term. T1 takes possession and pays rent for several months. T1 then learns that L had also leased the property to another tenant, T2, for the same term. T1 remains in possession but stops paying rent. L sues T1 for unpaid rent. T counterclaims for rent already paid. What result?
In the given case, where L executed a lease agreement with T1 for a specified term, and T1 took possession and paid rent for several months before learning that L had also leased the property to another tenant, T2, for the same term. The result is that a legal dispute has arisen.
A legal dispute is a conflict between two or more parties that arises from a disagreement over a legal issue or matter. The dispute may relate to a variety of legal issues, such as breach of lease agreement, property rights, personal injury.
The legal disputes can be resolved through negotiation, mediation, or other forms of alternative dispute resolution.
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The Ninth U.S. Circuit Court of Appeals rejected the idea that the First Amendment only protects trained and credentialed journalists and recognized First Amendment protection for whom?
The Ninth U.S. Circuit Court of Appeals rejected the idea that the First Amendment only protects trained and credentialed journalists and recognized First Amendment protection for citizen journalists and bloggers in addition to trained and credentialed journalists.
This decision was made in the case of Obsidian Finance Group v. Cox, where blogger Crystal Cox was sued for defamation by the financial firm Obsidian. Cox argued that her posts were protected by the First Amendment, but the trial court ruled against her, stating that she was not a journalist and therefore not entitled to protection.
However, the Ninth Circuit overturned this decision, stating that the First Amendment "protects the collective work of journalists, whether or not they have credentials or affiliation with a recognized news outlet."
This decision recognizes the important role that citizen journalists and bloggers play in today's media landscape and affirms their right to free speech and press. It also highlights the need for a broad interpretation of the First Amendment in order to protect the diverse voices of our democracy.
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Jorge is apprehended by police officers as he is tagging several highway signs with spray paint. Jorge was painting his gang's symbols on the signs to show the extent of the gang's territorial claims. Jorge has committed a violation of:
Jorge has committed a crime known as vandalism or malicious mischief, which involves the intentional destruction or defacement of someone else's property without their permission.
Vandalism is a criminal offense that can result in penalties such as fines, community service, and even imprisonment, depending on the severity of the crime and the jurisdiction in which it occurred.
In this case, Jorge's actions of tagging the highway signs with spray paint without permission from the authorities would be considered vandalism and a violation of the law. Additionally, the fact that he was doing it to display his gang's symbols could also lead to further charges related to gang activity.
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TRUE/FALSE. Garnishment is a method for satisfying a judgment against a defendant.
True, Garnishment is a legal process in which a creditor seeks to collect a debt by taking money or property from a third party who owes the debtor money, such as an employer or bank.
It is commonly used to satisfy a judgment against a defendant who owes money to a plaintiff. In a garnishment, the creditor obtains a court order directing the third party to pay a portion of the debtor's wages, bank accounts, or other assets to the creditor to satisfy the debt.
The third party is required to comply with the court order or face legal consequences. However, there are limitations on the amount of wages that can be garnished and certain types of income are exempt from garnishment.
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As though teaching a class, explain mouth-to-mouth resuscitation in approximately 150 words.
Reanimation using mouth-to-mouth Breathe normally, then shut and seal their open mouth with yours before blowing into it briefly. When you breathe into their lips, their chest ought to clearly lift.
How can mouth-to-mouth resuscitation be started?Use the head-tilt, chin-lift method to widen the airway. Squeeze the nostrils tightly and place your mouth over the other person's to create a seal in order to breathe mouth-to-mouth. Before checking to see if the chest rises, perform a one-second rescue breath on the subject. If it rises, you should breathe out again.
What do you mean by mouth-to-mouth resuscitation equipment?a personal mouth-to-mouth resuscitation device. The device has a plastic film barrier, with a one-way valve covering their lips. on the victim's face, if possible.
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in relation to marijuana traffic stops in kansas, the case of horton v. california effectively removed which requirement, previously embedded in the application of the plain view doctrine in warrantless search and seizures?
The United States Supreme Court dealt with the plain view doctrine in the case of a Horton v. California which discussed warrantless search and seizure.
In the Horton v. California case, the requirement that law enforcement officers have reasonable cause to believe that an item in plain view is contraband or proof of a crime before they can seize it without a warrant was eliminated. The plain view doctrine called for officers to have a legal right of access to the object and a strong suspicion that it is related criminal to activity prior to this case.
The Supreme Court ruled in Horton, however, that the requirement of a lawful right of access was unnecessary and that police only required probable cause to take something out of plain sight without a warrant.
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TRUE/FALSE. An en banc decision within a U.S. Court of Appeal only requires a panel of three judges.
False, An en banc decision within a U.S. Court of Appeal typically involves all active judges on the court (which can range from 9 to 29 judges depending on the circuit, rather than just a panel of three judges.
The purpose of an en banc decision is to provide a more thorough and comprehensive review of the case, as well as to resolve any conflicts or issues that may arise from previous panel decisions.
However, some circuits may allow for a smaller en banc panel, such as seven or nine judges, to hear certain cases. Overall, an en banc decision is a significant and rare event within the court system, and is usually only used for cases of great importance or controversy.
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O conveys Blackacre "to A and her heirs." If A dies intestate without issue, will Blackacre escheat to the state?
When conveys Blackacre "to A and her heirs." If A dies intestate without issue, black is escheated to the state Only if A has no other family members. Blackacre will pass to A's heirs instead of the state if A has heirs other than the issue.
Whenever there is no evident owner of a piece of property, the government has the legal power to seize or claim it called Escheat. Dormant bank accounts and estates with no heirs are frequent outcomes of death.
Only if A has no other family members. Blackacre will pass to A's heirs instead of the state if A has heirs other than the issue.
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who was alberto fujimori
Alberto fujimori was president in Peru and was the one that was been accused of a series of embezzlement of public funds.
How can Alberto fujimori be described?Alberto Fujimori can be described as a leader who was once the president of peru whomisuded the seat of power and was accused of series of embezzlement of public funds.
It should be noted that he was the president for almost 10 years as president (1990–2000), and during hios term there were so much records of corruption howevr in the year 2009 Fujimori was convicted of human rights violations who was been put in the proison for 25 years.
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what is the 2015 lord neuberger case
The Lord Neuberger case in 2015 refers to the landmark ruling of the UK Supreme Court in the case of R (Miller) v Secretary of State for Exiting the European Union.
The case centred around the legality of the UK government's decision to trigger Article 50 of the Treaty on the European Union, which would begin the UK withdrawal process from the EU without first obtaining parliamentary approval. The case was brought by a group of individuals, including businesswoman Gina Miller, who argued that the government's decision to trigger Article 50 without parliamentary approval was unlawful and unconstitutional.
The government argued that it had the power to trigger Article 50 under the royal prerogative, a set of powers historically held by the monarch but now exercised by the government. In a historic ruling, the UK Supreme Court held that the government could not trigger Article 50 without first obtaining parliamentary approval, as doing so would be a fundamental change to the UK's constitutional arrangements.
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In auto theft cases, whether an individual is charged with the offense of theft or the offense of unauthorized use of a vehicle depends primarily on whether the prosecutor can prove:
In auto theft cases, whether an individual is charged with the offense of theft or the offense of unauthorized use of a vehicle depends primarily on whether the prosecutor can prove that the individual had the intent to permanently deprive the owner of the vehicle.
If the prosecutor can prove that the individual intended to take the vehicle with the intent to permanently deprive the owner of the vehicle, then the individual may be charged with theft. Theft involves the unlawful taking of property without the owner's consent, with the intent to deprive the owner of the property permanently.
On the other hand, if the prosecutor cannot prove that the individual had the intent to permanently deprive the owner of the vehicle, then the individual may be charged with unauthorized use of a vehicle. Unauthorized use of a vehicle is a less serious offense than theft and involves the use of a vehicle without the owner's consent, but without the intent to permanently deprive the owner of the vehicle.
The distinction between theft and unauthorized use of a vehicle is important because theft is generally considered a more serious offense and carries harsher penalties.
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