The burden of proof that a liquidated damages provision was unreasonable at the time of contraction rests on the party trying to: "Avoid Payment."
What is Burden of Proof?
The duty to produce evidence relevant to the lawsuit or criminal accusation is known as the burden of proof.
The burden of proof in a civil action brought by one person against another belongs to that person. Each of the two parties involved would be asked to recount their own side of the story once the case received an official response and the trial process got underway. The plaintiff, the party who filed the lawsuit with the court, is responsible for proving that the allegations made in the lawsuit are true and that the other defendant is to blame for the harm or damages at issue.
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In what situations would a court be likely to award a quasi-contract?.
There are two situations at which a court likely to award a quasi contract .
When the unjust enrichment is a relatively insignificant amount of moneyIf the defendant was unjustly enriched and played a part in deceiving the plaintiffA quasi-contract is a retroactive agreement between two parties without any prior obligation to each other. It is created by judges to fix situations where one party gets something at the expense of the other party.
The purpose of a quasi-contract is to achieve a fair result in situations where one party has an advantage over the other. The defendant, the party that acquired the property, must pay the plaintiff, the damaged party, a refund to cover the value of the goods.
A quasi-contract is also called an implied
contract.
Considering the example above, the person who ordered and paid for the pizza has every right to claim payment from the person who actually received the pizza. The former is the plaintiff and the latter is the defendant.
Under the jurisdiction of common law, quasi-contracts arose in the Middle Ages under the form of an act known in Latin as indebitatus assumpsit.
This rule of law was the court's way of making one party pay the other as if a contract agreement already existed between the parties. To learn more about qucsi contract, refer :
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a court will admit parol evidence about a missing term in relation to any of the following circumstances except a) the written agreement does not contain the whole agreement. e) the missing term is a condition precedent to the written agreement. c) the missing term is part of a subsequent oral agreement. d) the missing term is part of a collateral agreement. b) the written agreement is unambiguous.
A court will admit parol evidence about a missing term in relation to any of the following circumstances except the written agreement is unambiguous.
Hence , option B is correct
What do you mean by parol?
Parol can be defined as a release of a prisoner on some conditions who has served part of a sentence as well as is under legal custody. It is generally given because of good behaviour. It helps them in reintegrating into society and humanising their life. It is the provisional or temporary release of a prisoner who has to agree to certain Norms like deposit , security before release. The parole rules as described in the Prisons Act, 2000 which are part of both legal and prisons law.
Hence, A court will admit parol evidence about a missing term in relation to any of the following circumstances except the written agreement is unambiguous.
Hence , option B is correct
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Your privacy is protected by all of the following except
O local government
O state government
O federal government
You are able, thanks to the Privacy Act: know the reasons for collecting your personal information, how it will be used, and who will receive it. have the option of using a pseudonym or not identifying yourself in certain situations. solicit access to your private information, including health data.
What rights are guaranteed by the Privacy Act?Records about individuals retrieved using personal identifiers like a name, social security number, or another identifying number or symbol are protected by the Privacy Act of 1974, as amended to the present and including Statutory Notes (5 U.S.C. 552a).
Is the Constitution right to privacy?Although the Constitution does not provide for the right to privacy, the Supreme Court has stated that a number of the amendments do so.
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What role do executive departments and agencies play in fulfilling the constitutional duties of the executive branch?.
Role of Excutive department and agencies are
They translate the laws passed by Congress into enforceable rules and procedures.Regulates major industries and organizations according to federal law.Manages the day-to-day operations of the federal governmentExecutive branch power is vested in the President of the Country who also serves as head of state and commander-in-chief of the armed forces. The president is responsible for implementing and enforcing laws written by Congress, and to that end he appoints the heads of federal agencies, including the government. The vice president is also part of the executive branch and is ready to take over the presidency when needed.
The Cabinet and independent federal agencies are responsible for the day-to-day enforcement and administration of federal laws. These departments and agencies have missions and responsibilities as vastly different as the Department of Defense and the Environmental Protection Agency, the Social Security Administration, and the Securities and Exchange Commission.
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What is democracy promotion
Answer:
ExplDemocracy promotion, which can also be referred to as democracy assistance, democracy support, or democracy building, is a strand of foreign policy adopted by governments and international organizations that seek to support the spread of democracy as a political regime around the world.
Do you think the Pennsylvania system of prisons was too cruel or harsh or could modern prisons benefit from revisiting this early system? Explain your answer.
Answer:I do think the Pennsylvania system was too harsh. They was criticized for being too costly because they wanted to focus on solitary confinement. They was also criticized for the inmates physical and mental health because of solitary confinement as well. It seem as if they was going off a method of being a workshop. The system was even impractical. I don’t think modern prisons would be able to benefit off this system. While it’s true that prisons are making money off the amount of inmates, mental help should be offered as well. Physical help should be offered too. I’ve seen plenty of stories where inmates would die from their injuries in prison and no physical help is given such as fighting or even a female inmate giving birth.
Explanation:
Examine the following situations decide whether the search violates the fourth amendment.explain your decisions.
d.Pam is seen shoplifting in a store.police chase Pam into her apartment building and arrest her outside the closed door of her apartment.A search of her apartment reveals a large quantity of stolen goods.
e. Sandi is suspected of receiving stolen goods. The police go to her house and ask Claire,her roommate,if they can search the house.Claire gives them permission,and they find stolen in Sandis dresser
Pam is seen shoplifting in a store and Sandi is suspected of receiving stolen goods this suggests that there is a violation in the fourth amendment with respect to the case of Sandi.
What is the fourth amendment?The Bill of Rights is comprised of the Fourth Amendment to the U.s. Constitutional. It outlaws arbitrary warrantless searches.
In this situation where families have been seen shifting or is being seen to be taking the goods from a store. This music that she is a criminal police had the right to search her apartment but if a person is suspected without having any kind of proof which is the case of Sandi and still her house is being investigated without her permission then it is a violation of the 4th amendment right.
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44. Driver often believe an approaching truck i traveling lower than it actually i
Answer:
Is this a question or a statement? Please clarify.
Explanation:
Which of the following statements are true? (Check all that apply)
a. EMT levels of certification are standardized at a national level.
b. The paramedic has studied and is able to deliver advanced life support in emergency situations.
c. All EMTs must be 21 or older.
d. EMT-B and paramedics are trained and can respond to 911 emergencies.
The statements that are true are option A, B and D:
a. EMT levels of certification are standardized at a national level.
b. The paramedic has studied and is able to deliver advanced life support in emergency situations.
d. EMT-B and paramedics are trained and can respond to 911 emergencies.
What is the youngest age to be an EMT?While paramedics can use their additional training to provide medical aid in a variety of more specific situations, EMTs typically respond to 911 calls in an ambulance. For instance, they might function as a paramedic-firefighter for a fire department.
To determine whether the patient is experiencing cardiac arrest and to begin resuscitation, EMTs and paramedics may evaluate the scene. Additionally, they send the patient to the most suitable facility for final care, which is typically the hospital that is closest and has the greatest facilities for treating cardiac arrest patients.
Note that all Candidates need to: Be at least 18 years old. The written consent of a parent or legal guardian is required for 16- and 17-year-old applicants for Emergency Medical Responder and EMT positions.
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at the defendant's trial for stealing an automobile, the defendant called a character witness who testified that the defendant had an excellent reputation for honesty. in rebuttal, the prosecutor calls another witness to testify that he recently saw the defendant cheat on a college examination. the prosecution witness's testimony should be
The prosecution witness's testimony should be:
The prosecution witness's testimony should be excluded, because the defendant's cheating can be inquired into only on cross-examination of the defendant's witness.
What do you mean by cross examination?
The proper examination and questioning of a witness by the adverse party is known as cross-examination. It gives the opposing party a chance to determine the weaknesses of a witness's testimony.
The main aim of cross examination is to strengthen an individual's case. The scope of cross-examination is confirming the witness's testimony, knowledge, and credibility
Rules of Cross-Examination
Asking Questions Only.Inclusion of New Fact Per Question.Break questions into a Series of Logical ProgressionsHence ,The prosecution witness's testimony should be excluded, because the defendant's cheating can be inquired into only on cross-examination of the defendant's witness.
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the common law system is built on precedent. what does this mean? choices the decisions made by previous congresses influence current legislation. codes that were written for specific issues are reevaluated over time. previous administrative decisions are treated as law. previous court decisions are applied to current and future cases.
the defendant, an avid fan of his hometown football team, shot at the leg of a star player for a rival team, intending to injure the player's leg enough to hospitalize him for a few weeks, but not to kill him. the player died of loss of blood. what is the most serious offense of which the defendant could be properly convicted?
The defendant could be properly convicted of Murder or to be specific Involuntary manslaughter
What do you mean by murder?
It can be defined as the crime of intentionally killing a person.In cases like these, the court either punishes the killer with either the death penalty or life imprisonment. The case of death of a star player was ultimately linked to blood loss caused by a bullet shot.
Therefore manslaughter which can be further defined as the killing of a person without malice aforethought but with either the intention to commit an unlawful act that leads to an unintended death has committed by the defendant which led to charges of murder.
Hence, The defendant could be properly convicted of Murder or to be specific Involuntary manslaughter
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The Sarbanes-Oxley Act of 2002 was intended to meet which major objective?
In reaction to many accounting scandals in the early 2000s, the Sarbanes-Oxley Act (SOX), a federal law, was enacted in 2002 with backing from both political parties in Congress. Its goals were to enhance auditing and public transparency.
What is Sarbanes-Oxley Act (SOX)?Generally, The Sarbanes-Oxley Act (SOX) is a federal law that was passed in 2002 with support from both the Democratic Party and the Republican Party in Congress.
In conclusion, Its purpose was to strengthen auditing practices and increase the amount of information that was made available to the public in response to a number of accounting scandals that occurred in the early 2000s.
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preponderance of the evidence standard of proof applies to the competency to stand trial, just as it does in many types of court cases. in the case of competency to stand trial, the defense must prove that
Preponderance of the evidence standard of proof applies to the competency to stand the trial : the defense must prove that it is more likely than not the accused is incompetent.
What do you mean by Preponderance?
It can be defined as one type of evidentiary standard which is majorly used in a burden of proof analysis. In this the whole process revolves around around to prove that something is most likely than not. It is a very strong and important component in proving cases based on law.
is majorly based upon two factors
burden of productionburden of persuasionHence ,the defense must prove that it is more likely than not the accused is incompetent.
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in this and the next four problems, assume the litigation occurs in federal district court. ann, a citizen of illinois, sues barbara, also a citizen of illinois, alleging that barbara violated federal civil rights statutes in firing her. ann seeks to add a state law claim alleging that her firing also violated a state wrongful discharge law. is there supplemental jurisdiction?
Yes, it is the supplemental jurisdiction, also known as pendent jurisdiction, one of the authorities of the United States federal court.
The ability of United States federal courts to hear additional claims that are substantially related to the original claim even though the court lacks the subject-matter jurisdiction to hear the additional claims independently is known as supplemental jurisdiction, also referred to as ancillary jurisdiction or pendent jurisdiction. Pendent jurisdiction, as defined by the Supreme Court as "jurisdiction over non federal claims between parties litigating other matters lawfully before the court," is the right of a United States federal court to hear a closely connected state law claim against a party currently facing a federal claim.
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18. ellen was injured when she was struck by a car driven by matthew. at the time, ellen was crossing the street and matthew entered the intersection and not paying attention to the crosswalk while he was on the telephone, but the light was still yellow. ellen sustained substantial injuries and sued matthew for negligence. at trial, matthew testified that ellen caused the accident because ellen was crossing the street while the light was still yellow in matthew's favor. which of the following is matthew's best defense? a. superseding negligence of ellen. b. strict liability against jennifer. c. contributory negligence of ellen. d. none of the above.
Answer: c. contributory negligence of Ellen.
Explanation:
Can you remember the four (4) traditional rules of statutory interpretation?
Answer:
There are four Rules of Statutory Interpretation, these are (1) the literal rule, (2) the golden rule, (3) the mischief rule and (4) the purposive approach.
a law office interviews paralegals for 10 openings. there are 15 paralegals with two years of experience and 24 paralegals with one year of experience. how many combinations of six paralegals with two years of experience and four paralegals with one year of experience are possible?
The paralegals possible for this would be 19,399,380
First we find how many combinations of 6 out of 15 and 4 out of 19 we can make.
15C6 = 5005
19C4 = 3876.
Using the counting principle.
5005 x 3876 = 19,399,380
What do you mean by paralegal?
They are usually appointed by law officers in order to assist them and perform several tasks.
Paralegal duties revolve around legal documents, research, interviewing clients and witnesses and visiting courts.
Hence, The paralegals possible for this would be 19,399,380
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How does the U.S. government influence the market economy?
It tells companies how much to charge for all goods.
It provides public goods and services.
It prevents states from collecting taxes.
It buys companies in foreign markets.
69 points man
for the memes
Answer:
It provides public goods and supplies
Explanation:
Governments can create subsidies, taxing the public and giving the money to an industry, or tariffs, adding taxes to foreign products to lift prices and make domestic products more appealing. Higher taxes, fees, and greater regulations can stymie businesses or entire industries.
why isn't full employment the same as zero unemployment
Answer:There are different types of unemployment, and some are unavoidable or even necessary for a functioning labor market.
Explanation:At any given time, jobs are being created and destroyed as industries evolve, and the transition from old jobs to new is not seamless.
at the majority of crime scenes, the execution of the search warrant involves the first step of knock, arrest, and seize. True or False
At the majority of murder scenes, the first step in executing a search warrant is to knock, grab, and seize. False.
A warrant is a financial security that authorizes the holder to purchase or sell shares, often the shares of the issuing corporation, at a fixed price known as the exercise price. Warrants and choices are similar in that both contractual financial instruments grant the holder special rights to purchase securities. Both are optional and have expiry dates. They differ primarily in that warrants are exclusively issued by particular number of educational and in certain technical features of their trading and execution. Warrants are typically linked to bonds or preferred shares as an enticement, allowing the seller to pay reduced interest rates or dividend. They can be used to increase the yield on the bond and make it more appealing to potential buyers.
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Studies have found that gang member drug selling increases after leaving the gang.
True
False
Answer:
true
Explanation:
because the gang still are going to need to get money
errigal just graduated from college. the cost of moving personal belongings to a first job site qualifies for the moving expense deduction.
Answer:meofrrje
Explanation:
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_____ refers to the number of clients for whom a probation officer is responsible at any one time.
Caseload refers to the number of clients for whom a probation officer is responsible at any one time.
Why is managing the caseload crucial?It is primarily a tool for the client's immediate benefit as well as for professional development and supervision.
Note that the supervisee's type and amount of work is outlined by caseload management.
Therefore, based on the above, the term Caseload is one that is seen as the quantity of families or children assigned to a specific worker in a particular amount of time.
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HELP i think its B.
The U.S. Constitution makes it clear that laws must never be challenged.
A - True
B - False
Answer:
B-Fales
Explanation:
An amendment may be proposed by a two-thirds vote of both Houses of Congress, or, if two-thirds of the States request one, by a convention called for that purpose.
Parliament alone is given the power to make changes to this framework under Article 368 [16]. Unlike ordinary laws, amendments to constitutional provisions require a special majority vote in Parliament.
Basically, it is harder to make changes in the law, but does not mention that laws must never be challenged.
Quebec has held two referendums – public votes – on the question of some form of sovereignty or political separation from Canada, the first in 1980 and the 2nd was in 1995. Discuss the differences between the two referendums.
Quebec has held two referendums – public votes – on the question of some form of sovereignty or political separation from Canada
The failure of the Meech Lake Accord and the Charlottetown Accord left big uncertainty approximately the constitutional future of Canada.
The primary signal was a dramatic exchange within the political landscape of the residence of Commons following the 1993 election. The innovative Conservative birthday party, related to former top Minister Brian Mulroney and the failed accords, changed into clearly wiped out.
Even as the federalist Liberals below Jean Chrétien received a majority, the competition was fractured along regional lines, between the western-based Reform birthday celebration of Canada and the avowedly separatist Bloc Québécois, which shaped the legitimate competition.
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The case that caused widespread use of Bertillonage to end was:
a. Will West case
b. Brandon Mayfield case
c. William A. Hamm case
d. Francis Galton case
We can actually see here that the case that caused the widespread use of Bertillonage to come to an end was: A. Will West case.
What is the Will West case?The Will West case is actually known to be the case that transpired in the United States Penitentiary at Leavenworth. Will West was known to be an African American whose record matched to the record of William West, who had a previous conviction for murder. This took place after Will West was subjected to the standard admission procedure. Yet his records matched that of William West.
When William West was summoned, the clerks discovered that William West was actually different from Will West. They had carried out measurements using three systems of personal identification - photographs, Bertillon measurement and names but these systems failed.
This then led to the use of fingerprints and completely ended the widespread use of the Bertillonage system.
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in a two (2) paragraphs write what you understand about the the territorial power and how can it help to impose security in a establishment.
Based on socio-political and security concepts, territorial power can help to impose security in an establishment by assisting the establishment to function and move legitimate goods in relative freedom within the country and across its borders.
What is Territorial Power?Territorial Power is a term that is used to describe the power which a government or establishment has over a particular area. This power helps the establishment govern and protect the place against internal and external influence.
Territorial power can help impose security in an establishment because they will be able to exercise the power to station security personnel and defend against any form of invasion or robbery.
Hence, in this case, it is concluded that the use of territorial power is essential for establishments to provide adequate security for themselves.
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I just entered my card information on your site but I am getting continuous pop ups etc asking for more payment.
The pop-up advertisements that claim you've won are frequently only a cover for viruses and con artists.
What are advertisements?Advertising sometimes referred to as an advert or ad, is typically seen as a form of public discourse that supports a good, service, organization, or event. Some others consider the concept to be far broader than that, including any sort of sponsored advertisement intended to inform or influence
On occasion, pop-up advertisements congratulating you on winning a reward may have interrupted your smartphone browsing on other websites. Navigate to Settings while in Safe mode, then swipe to and tap Apps. From here, you can uninstall the most recent app(s) that have been installed or updated and may be the source of the pop-up ads.
Therefore, advertisements that claim you've won are frequently
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roe v. wade and other major court cases often make their way through the court system ending with the court of final appeal, more commonly known as
There are three main levels to the federal court system: district courts, which are the trial court, circuit courts, which are the first level of appeal, and the Supreme Court of the United States, which is the last level of appeal in the federal system, are the three levels of appeal.
What is the court's final decision?
the final court decision that settles all disputed issues and the parties' rights in relation to those issues. The only decisions left after a final judgment are how to enforce the judgment, whether to award costs, and whether to appeal.
What are the three ways that an appeal to the Supreme Court can be handled?
appeals through state and federal courts, appeals through the original jurisdiction.
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