QUESTION 18
Indicate the correct statement:
(1) An ex parte application is the motion application used when there is no dispute of facts
(2) Action proceedings is another type of motion application and the procedure is started by a
notice of motion
(3) In criminal cases a procedure is started with action proceedings
(4) The parties in a criminal case are the prosecutor and the defendant

Answers

Answer 1

Answer:

2 or 4 is correct

Explanation:

step by step explanation

Answer 2

The correct statement in the given question is (4) statement.

Statement (1) - Ex Parte Application

Ex parte application is used in civil procedure and is used to refer to motions for orders that can be granted without waiting for the response from the other side.

These orders are only in place until further hearing can be held such as temporary restraining order .

Under U.S.A law , court are hesitant to make ex parte motion because according to 5th amendment and 14th amendment, there is a guarantee of right to due process and ex parte leads to the violation of excluded party's right to due process.

Statement (2)- Action Proceedings

Action Proceedings refers to a judicial proceedings where a party brings a civil or criminal case against another party, an action has been brought against the other party.

It is not a type of motion application and is used in cases such as:

- presence of material disputes in facts

- it is instituted by summons

- evidence to be relied upon in supporting the claim and is not disclosed in the statement

- exchange of pleadings are involved

-evidence in the form of testimonies and documentary is given to prove the claims

- more expensive and time consuming

Statement (3)- Arrest

In criminal cases a procedure is started with Arrest.

An arrest is made with an arrest warrant and may be made with or without warrant if probable cause and exigent circumstances are presented at the time of Arrest.

The right to make warrantless arrests are commonly defined and limited by statutes subject to due process guaranteed by U.S.A Constitution.

Statement (4)- Prosecutor and Defendant

These both terms are related strictly to Criminal Law.

Prosecutor- Legal representative of the prosecution in the states with the criminal law system. The prosecution is the legal party responsible for presenting the case in a criminal trial against an individual accused of breaking the law.

A lawyer who initiates prosecution of criminal offences and present s the case for prosecution in a criminal proceedings

Defendant- Defendant is a person who is the party either accused of committing a crime or criminal prosecution

Thus the parties in criminal case are the prosecutor and the defendant.

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Related Questions

Describe two ways how social media platforms are abused

Answers

Answer:

reasons is because Uninvited, awful photos are sent to you, and you are expected to repay the favor. It makes you feel obligated to send in obscene movies. Takes your passwords or forces you to reveal them to them. Constantly texts you, making you feel as if you must have your phone with you at all times for fear of being penalized.

Explanation:

can i please get brainlest?

Consumer protection laws, which commonly regulate the form of consumer contracts, provide that back-page disclaimers are void if the front page of a contract does not call attention to the presence of the terms on the back page.

a. True
b. False

Answers

The answer would be true

A person may legally ride in the back of a pickup truck when: The sides of the pickup bed are at least 24 inches high. The back of the pickup is covered with a camper shell. In a secured seat and while using an approved safety belt.

Answers

Answer:

C.  In a secured seat and while using an approved safety belt.

Explanation:

Pick up trucks are manufactured for the purpose of transporting goods or other equipment but not for the transportation of humans. While riding at the back of a pickup truck can seem enticing, if appropriate measures are not considered, then there would likely be an accident for the driver might take a sharp turn which could cause the passengers behind harm.

One of the laws for riding in the back of a pickup truck is possessing a federally-approved restraint system which protects the rider in the bed of the truck. So, the rider should seat in a secured seat with an approved safety seat belt to keep him protected in the event of a crash.

Legally speaking, a person can only ride in the back of a pickup truck when  In a secured seat and while using an approved safety belt.

When can a person ride in a pickup?

The back of a pickup truck is open and can lead to someone falling off if they aren't careful.

For this reason, the law demands that the back should have a secured seat which has a seatbelt that is approved by the relevant authority. If this isn't the case then no one should sit in the back.

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If you drive under the influence, you
A. Increase the risk of killing yourself or another person.
B. Will have to pay double the fine if you’re ticketed for speeding.
C. Are less likely to be injured in a collision.
D. I’m not committing a crime unless your BAL is .08 or higher

Answers

Answer:

the answer is a.

Explanation:

cuz you still arent 100 pecent paying attwntion

Answer:

A. Increase the risk of killing yourself or another person

Explanation:

While under the influence, you're not fully conscious or aware of your surroundings. That being said, driving is a task that acquires the driver to be conscious and to have awareness for their safety and the other driver's safety. If the driver is intoxicated, they risk a collision and killing people if the collison is deadly.

Which of the following best explains how the need for eldercare impacts
estate planning?
A. Eldercare costs only impact estate planning and estate taxes
for individuals with assets of over $5 million.
B. If eldercare is needed, the individual's estate becomes the
property of the organization providing the care.
C. The high cost can have a significant impact on an estate's
assets and how those assets will eventually be distributed to
beneficiaries
D. Because eldercare is provided by government programs
without any cost to the individual receiving care, it does not
impact estate planning,

Answers

Answer:

A. Eldercare costs only impact estate planning and estate taxes

for individuals with assets of over $5 million.

Answer:

C. The high cost can have a significant impact on an estate's

assets and how those assets will eventually be distributed to

beneficiaries

Explanation:

I got it wrong.

Drivingschool4me course answers and permit answers ?

Answers

I think you need to actually know it to be able to drive

describe three major philosophical theories of law

Answers

Answer:

1.Analytical jurisprudence- is a philosophical approach to law that draws on the resources of modern analytical philosophy to try to understand its nature. Since the boundaries of analytical philosophy are somewhat vague, it is difficult to say how far it extends

2.Normative Jurisprudence- aims to reinvigorate normative legal scholarship that both criticizes positive law and suggests reforms for it, on the basis of stated moral values and legalistic ideals.

3.Critical legal studies- is a school of critical theory that first emerged as a movement in the United States during the 1970s

Explain the difference between Personal Injury Protection and Property Damage Liability insurance.

Answers

Answer: Property damage liability insurance helps pay for damage to someone else’s car PIP (personal injury protection) covers medical expenses regardless of who’s at fault.

Explanation:

Liability insurance covers costs associated with injuries or property damage sustained by others as a result of an accident that was your fault. PIP, often known as no-fault insurance, pays for your medical bills regardless of who caused the accident.

What is  Personal Injury Protection ?

In some U.S. states, personal injury protection is an addition to auto insurance that provides coverage for medical costs, maybe lost earnings, and other harms.

Your medical expenses and lost wages are covered by personal injury protection (PIP) insurance if you or your passengers are hurt in a car accident. In most states, PIP is not required.

In most places, having property damage liability insurance is required by law. If you are at blame for an automobile accident that damages another vehicle or piece of property, like a fence or building front, it usually helps cover the cost of repairs.

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Abel was employed as a security guard for Seep Corporation. Abel's job was to guard a fenced-in area and to use force to keep intruders from climbing the fence to enter the plant. His working hours were from 8:00 A.M. to 5:00 P.M. At about 11:00 P.M. one evening, Abel drove past his place of employment. He saw a teenager named Johnny climbing the outside of the fence that he guarded during the day. Angered by this violation of Seep's property rights and by the fact that Johnny had called him a "potbellied moron" only three days earlier, Abel stopped his car, ran up to the fence, pulled Johnny off of it, and beat him up. Johnny sues Seep Corporation for Abel's assault and battery (both intentional torts). Which of the following is most likely to be the court's verdict? Group of answer choices

Answers

Answer:

B. Seep's is not liable because Abel didn't act within the scope of his employment.

Explanation:

According to the facts, Abel is a rightful employee of Seep Corporation. And he also has a duty to preserve the interest of his employer.

But at the same time, his act of beating up and assaulting Johnny was done outside of the jurisdiction of his working hours. And as such, he wasn't covered in the company's rule of using "force to keep intruders from climbing the fence to enter the plant". Moreover, the personal attack that Johnny had done on him makes this assault personal. So, Abel's attack on Johnny has nothing to do with the company he works for, and the Corporation is not liable for any charges or damages that their employee had done outside of his 'employment' hours.

Thus, the correct answer is option B.

what are the role of public prosecuter in Court

Answers

Answer:

Explanation:The role public prosecutor to represent the executive for trying the offender. While broadly his responsibility is to see that the trial results in conviction, but he need not be obsessively concerned about the outcome of the case.

public prosecutors decide arrests and charges on behalf of the public and are the only public officers who can make such decisions. Public prosecutors are the only public officers who can decide to appeal cases to appellate courts.

Qualifications for Jury Service

• Never have been convicted of a felony

• Not be currently on active duty in the military

• Not be already serving on another jury

• Be able to read and write in English

. ?

Which other qualification must a citizen meet before he or she can serve on a

jury?

A. Be at least 18 years old

B. Have completed military service

C. Not be enrolled in college

Answers

There are several qualifications for a citizen to be able to serve in a jury and one of them is that they should A. Be at least 18 years old.

What are the requirements to serve on a jury?

Only people who are aged 18 and above can serve in a jury because they are considered to be more mentally mature.

The person also has to be able to read and write in English and should have a clean record.

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A. Be at least 18 years old

States request assistance from other states through interstate mutual aid and assistance agreements such as: A. Tiered Response B. Emergency Management Assistance Compacts (EMACs) C. Stafford Act D. Economy Act or other applicable authorities

Answers

Answer:

Option B (EMACs) is the correct choice.

Explanation:

EMAC (Emergency Management Assistance) package - all facets of package international cooperation that are at the heart including its country's national protection program. Since before the US-signed Civil Defense as well as Disaster Treaty dated 1950.A robust and transparent system that requires states provinces contribute personnel, equipment, and services to help neighboring states respond and rehabilitate provides aid in conflicts or relief organizations proclaimed by the Governor.

Other examples offered are not relevant to either the theory in question. So that the option described will be the right one.

- The American Medical Association classifies alcohol as:

Answers

Answer:a disenfectant?

Explanation:alcohol disenfects wounds

The fact that statutes requiring a license only requires payment of a fee indicates that the purpose of the law is to:

Answers

Answer:

"Raise money" is the right answer.

Explanation:

Trying to raise a certain amount of income to support somebody or something, whether through employment as well as a charitable organization. After that, because there's no requirement specification provision and therefore only referenced funds (to expect to be paid fee) for obtaining a license.

So that the above is the correct choice.

Khẳng định: “Mọi chủ nợ của doanh nghiệp , Hợp tác xã đều có quyền nộp đơn yêu cầu tuyên bố doanh nghiệp phá sản khi nhận thấy doanh nghiệp rơi vào mất khả năng thanh toán” là đúng hay sai? Vì sao?

Answers

Answer:đúng tại vì phá sản

Explanation:

Gillcore is about to go public and begin selling securities. As a new public company, what steps must Gillcore take in order to stay in line with the requirements of the Securities Act?

Answers

Answer:

The obligations depends on what types of company it is and what type of securities it is offering.

Explanation:

Ideally, the company is required to file a registration statement (discloses all material information concerning the company) and prospectus with the SEC before it may offer its securities for sale. However, the obligations depends on what type of company it is and what type of securities it is offering. This is because SEC classify companies as smaller reporting and emerging growth company hence requires different disclosures that are not misleading in addition to filling registration documents and prospectus.

Importance of censorship in the media

Answers

Answer:

it's important because it helps to filter out the nudity, real life violence and

the use of profanity.

Explanation:

in simple ways .. we can see the truth of government .. we may find out the reason and secrets ..

Importance of censorship in the media is for ethical, political, or security concerns, it represses writing or speaking. Social media censorship has the potential to provide a false perception of society.  

What do you mean by the censorship?

When some people are successful in imposing their own political or moral ideals on others, censorship—the suppression of "offensive" words, images, or ideas—occurs.

Many would contend that social media censorship is necessary because it might curb online hostility to an unhealthy degree.

Although there may be some merit to this, if harsh and unpleasant speech is permitted to be muted, who knows what else will be banned in the future?

Social media censorship has the potential to provide a false perception of society.

Therefore, importance of censorship in the media is for ethical, political, or security concerns, it represses writing or speaking. Social media censorship has the potential to provide a false perception of society.  

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How Can We Obtain Divorce Certificate in Pakistan?

Answers

Answer:

The Process to get the divorce certificate in Pakistan is very long and difficult. ...

1- Provide the legal documents.

2- Prepare the application for a divorce certificate.

3- File the Application in court for a divorce certificate.

4- After proceeding, you can easily get the divorce certificate.

What do California homeowners receive to protect equity when a court forces the sale of a house to pay for a judgment

Answers

Answer:

Simply, a "homestead" is your home. Although the equity in your home may be available to your creditors, many states, including California, provide for a "homestead exemption" as a way of protecting some, or all, of your equity.

Explanation:

hope this helps

1. Which of the following does law enforcement NOT do to enforce the law?

A. Apprehend and detain individuals who violate laws

B. Discover law violations

C. Determine how the law applies to a situation

D. Deter law violations

Answers

Answer:

C. Determine how the law applies to a situation

Explanation:

each of the following is considered on the insolvency worksheet except

Answers

The answer is "the assets exempt from bankruptcy".

The assets include both the debtor's assets as well as his business assets.There also is data on a pension plan in this insolvency spreadsheet, in addition to exempt assets, which belong to the signer and are out of reach of creditors.The insolvency worksheet excludes just those assets that are explicitly exempt from bankruptcy and are not related to bankruptcy.That's why "the assets exempt from bankruptcy" is the correct answer.  

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According to John F. Galliher, legal definitions of criminality are arrived at through a __________ process.

Answers

according to John F. Gallinero, legal definitions of criminality are arrived through a political process.

2. Relatively few drivers are touched by the
traffic crash problem, either directly or
indirectly. TRUE OR FALSE

Answers

Answer:

F

Explanation:

The role of the United States Marshals was based on the role of _____. A. the town crier B. early colonial watches C. the sheriff D. police officers

Answers

Answer:

C the sheriff

Explanation:

Select the correct answer.
Who can propose an amendment to the Constitution?
A a simple majority of Congress
B. the president
с.
the Supreme Court
D.
a two-thirds majority of Congress

Answers

The answer should be d

Answer:

d

Explanation:

a two-thirds majority of Congress

Examine some of the difficulties in the financial system in Ghana and how it has been addressed?

Answers

Answer:

The several banks in Ghana had collapsed. The banks were given license few years ago. The banks were heavily deficient in liquidity and they had instability in financial systems.

Explanation:

There have been mergers of some banks in Ghana which lead to financial system inconsistencies. There was continuous mobilization of fund which resulted in unstable deposits. The challenges have been addressed by Implementing Institution Act of 2016.

Define, describe, compare, and contrast common-law crimes and statutory crimes. Be sure to provide examples.

Answers

Answer:

Common law is commonly defined as jurisprudence and it is of 2 types – one in which the decisions made are existing legislation in which there are no legislation and another where the court may require the current law and establish new definitions and divisions.

The legislative regulations can be enacted by the various departments of a country. Therefore, there's many laws enacted by state and federal governments, laws enacted by cities and municipalities, all of which have the force of law.

Bill and his family are visiting Sydney for the weekend. They live in Victoria and decide to have a week away during the summer holidays. They stay at the Shangri-La Hotel and as part of their package, receive a buffet lunch each day. On their second day at the hotel, Bill slipped on some grapes that were on the floor near the lunch buffet. As a result of the slip, Bill broke his ankle and was required to undergo surgery. He was off work for a period of 2 months and was unable to earn an income. Bill is suing for the total sum of $150,000. At the time of the fall, Bill reported the incident to the banquet manager who indicated they were not sure how long the grapes had been on the floor before the slip occurred. The incident report also noted Bill had consumed a number of glasses of wine before the slip.
Representing Bill as the plaintiff and the Shangri-La Hotel as the defendant, you are to make arguments to the Court as to who is liable in negligence for Bill’s injuries. You should argue the case referring to the relevant legislation and any case law. You should also identify the relevant jurisdiction in which the claim is brought.

Answers

Answer:

if that is shangri la hotel it's sure that there will be web cam for security and find the exact time that incident happen.also check where his family went. if he really drank wine then it must be someone from his family or it maybe someone waiter or other first understand what happen and try to combine it together you will know the result best of luck

How Can We Get Khula in Pakistan?
http://www.advocateinlahore.com/khula-procedure-in-pakistan/

Answers

Answer:

To apply for Khula the wife would need to file a suit for Khula in the Family Court under the West Pakistan Family Courts Ordinance, on the grounds that she feels she can no long live with her husband “within the limits prescribed by Allah' and such a statement on oath made in her suit would be sufficient to establish

Explanation:

Define the term gender imbalance and state two negative effects that this may have in the workplace?

Answers

Answer:

Gender inequality is the social process by which men and women are not treated equally.

..

..

Gender discrimination has a significant impact on mental and physical health worldwide. It can limit peoples' access to healthcare, increase rates of ill health, and lower life expectancy. While it is true that women live longer than men on average, they experience higher rates of ill health during their lifetimes.

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