8. The express powers of a corporation come from which three sources? a. U.S. and state constitutions. b. State laws. c. The Revised Model Business Corporations Act. d. The Uniform Commercial Code. e. The articles of incorporation. f. The bylaws.

Answer:

Explanation:

Thurgood Marshall was the first Supreme Court justice of African descend. He was a lawyer by profession and played an important role in bringing racial equality and liberty during the Civil Rights Movement.

Marshall became a lawyer for the National Association for the Advancement of Colored People (NAACP) and it was during this time he served as chief attorney for the plaintiffs in Brown v. Board of Education of Topeka. He successfully led the case and won a unanimous verdict against school segregation.

This case helped him gain lots of recognition and admiration. President Johnson appointed him as the first African-American Supreme Court justice in 1967.

Answer:

Res ipsa loquitur

Explanation:

Res Ipsa Loquitur, which loosely means that the facts speak for themselves, is a rule of proof that enables injured parties to avoid the typical proof of negligence in their claim to recuperate damages from the responsible parties. The general law initially stated that the accident has to satisfy the essential basics of negligence: duty, causation, breach of duty, and injury.

Instead of compiling an intricate case indicating that the defendant commits a breach in duty of care that has proximately caused damages or injury, the plaintiff only needs to show that:

• The petitioner suffered damages or incurred injuries under conditions that normally does not occur without negligence.

• The defendant was completely in control of the place where the accident occured or the thing that caused it to happen (the instrumentality, in legalese).

• The plaintiff’s own careless actions does not in any way influence the accident.

Answer:

Explanation:

Ethics training means training the employees to identify and deal with various types of ethical problems that they face in everyday actions and choices. It is the basis of the long term success.

It allows the employees to maintain productivity and quality, and also allows the organisations to comply with the regulations and the laws.

Above all it ensures proper and good relationships with the vendors and customers. Ethics training can also help to teach employees about integrity.

Final answer:

Firms with high rankings in corporate social responsibility commonly share the trait of promoting integrity through comprehensive ethics training.

Explanation:

The characteristic most frequently shared by firms that receive high rankings for corporate social responsibility is the promotion of integrity through ethics training. This approach underlines the importance of establishing a strong ethical foundation within the company, fostering a culture of accountability and ethical decision-making.

Fostering integrity through continuous ethics training helps to align the values of the company with its actions, leading to more reliable and trustworthy practices both internally and in the community.

Explanation:

in order to modify the separation of powers, the framers created a best-known system, checks and balances. In this system, powers are shared among the three branches of government. At the same time, the powers of one branch can be challenged by another branch.

Final answer:

The framers of the Constitution limited the powers of the national government through separation of powers, enumerated powers, and prohibitions on certain types of legislation. They established a federal republic that balances national and state authorities, integrating principles like popular sovereignty and limited government to protect citizens' liberties.

Explanation:

Approach to Limiting the Powers of the National Government

The framers of the Constitution employed several strategies to limit the powers of the national government. Recognizing the potential dangers of a too-powerful central government, they invoked the principle of limited government. To prevent the concentration of power, which James Madison argued was the definition of tyranny, the Constitution separates powers between the legislative, executive, and judicial branches. Moreover, the Constitution includes explicit prohibitions, such as preventing the passage of bills of attainder, ex post facto laws, and limitations on suspending the writ of habeas corpus as found in Article I, Section 9.

This framework ensured a balance of power through a federal republic system, where sovereignty was divided between the national and state governments. The Federalists believed that the enumerated powers and restrictions established by the Constitution were sufficient to protect citizens’ liberties without the need for a separate bill of rights. However, they did incorporate some protections against legislative overreach based on historical abuses. Additionally, the Constitution incorporated six principles, including popular sovereignty and a limited government, to lay the foundation for self-governance and democratic principles.

Answer:

Substantive Due Process

Explanation:

According to a different source, these are the options that come with this question:

a. Procedural Due Process

b. Substantive Due Process

c. First Amendment

d. Equal Protection Laws

Substantive due process refers to a principle of law that allows courts to protect certain rights from government interference. This means that courts see a difference between acts that should be held to government regulation and those that should be protected from government interference. Substantive due process is intended to protect individuals against majoritarian polices that exceed the limits of governmental authority.

Answer:

7th Amendment

Explanation:

The 7th Amendment to the United States Constitution is part of the Bill of Rights. This amendment codifies the right to a jury trial in certain civil cases and inhibits courts from overturning a jury's findings of fact.  This amendment to the United States constitution does not address or guarantee voting rights.

Explanation:

The Executive Branch. Article II of the Constitution establishes the Executive branch of the federal government. It defines the office of President and Vice President, and an Electoral College to elect them.

Answer:

Concurrent power

Explanation:

Concurrent power is a political power exercised by both Federal and State government at the same time within the same jurisdiction as it relates to their citizens on a subject matter. Examples of Concurrent power enjoyed by both levels of government are in the area of taxation, environmental protection, election regulation, etc.

Answer: True

Explanation:

The primary purpose of tort law is to provide relief to the affected parties as compensation for the harm caused to the others. It emphasis the imposing liabilities on the parties and also to prevent others from committing harmful acts.

The tort law shifts the burden of the loss from the affected party to the party who has committed the tort. The crime committed against the party being affected is compensated through monetary submission.

Answer:Indian removal act

Explanation:

The Indian removal act was signed into law by the former president of the United States of America known as President Andrew Jackson on the 28th of May, 1830 it involved a negotiated arrangements between the Government and the native Americans who recide in the Southern parts of the United States of America to relocate to a federal territory west of the Mississippi River in exchange for white settlements.

Assuming that everything else is equal, a bond issued by a government that is engaged in a civil war most likely pays a Lower Interest Rate than a bond issued by the government of Japan.

Explanation:

An interest rate is the amount of or the  percentage of principal charged by the lender for the usage of his  money.

The principal is the amount of money loaned by the lender or a bank . Since banks borrow money from you (in the form of deposits), they also pay you an interest rate on your money.

Assuming that everything else is equal, a bond issued by a government that is engaged in a civil war most likely pays a Lower Interest Rate than a bond issued by the government of Japan.

Answer:  (A) The two parties are unable to communicate.

(B) The externality is small.

(D) No applicable property law exists.

(E) Many individuals are impact

Explanation:

The coarse theorem suggests that when two parties are able to bargain with each other to reach a common conclusion and reach to an agreement that efficiently addresses the extrernalities. According to the theorem  conditions like low transaction cost and well explained property rights are required. If the conditions are favorable, the bargaining parties will reach upto an agreement. But in reality the transaction cost exists and the individuals of the two parties are not able to resolve the problems.

The circumstances like lack of communication between the two parties will affect the agreement and common interest between the two parties, the externalities found to be small, no proper property laws exists this will affect the terms of agreement, no claim can be made and if many parties are involved then the agreement will become difficult.

The Coase theorem, developed by Ronald Coase, may fail under certain conditions, including when the two parties can't communicate, when there is no applicable property law, or when many individuals are impacted by the externality.

The Coase theorem, an economic theory, proposed by Ronald Coase, posits that in conditions of complete property rights and zero transaction costs, two parties can efficiently negotiate optimal outcomes related to an externality. However, it may fail under certain circumstances. The options provided in the question, which represent these circumstances, are :

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Answer: States within the United States of America to obey the laws and public acts other other states.

Explanation: The full faith and credit clause of the United States of America constitution is contained in Article four, section one. This clause requires the various United States of America to obey and respects the legal judgements,the public acts and records of other states of the Federation. The full faith and credit clause is essential to the survival and sustainance of the unity of the United States of America,as it helps to create unity and ensures that states help and support each other to effectively executive both criminal activities and other strategic Activities.

The full faith and credit clause in the Constitution requires states to recognize and respect public acts, records, and legal proceedings from all other states. Other significant constitutional provisions governing state-to-state and state-to-federal relations include the supremacy clause, privileges and immunities clause, debt validation clause, due process clause, and elastic clause, all of which establish federal supremacy, assure individual liberties, and provide Congress with necessary law-making authority.

The full faith and credit clause of the Constitution, specifically Article IV, Section 1, mandates that all states within the United States must respect the public acts, records, and court proceedings of every other state. This mandate implies, for example, that a driver's license or an adoption certificate that's issued in one state remains valid in all other states. This clause was put to test in light of the movement for marriage equality which sparked debates over the recognition of same-sex marriages across states.

While the states retain considerable sovereignty, the supremacy clause in Article VI of the Constitution establishes that in case of any conflict between state and federal law, the federal law triumphs. Furthermore, the privileges and immunities clause of Article IV prohibits states from discriminating against citizens of other states, although there can be some differences in how a state treats its residents and non-residents.

Other significant clauses pertaining to state-to-state and state-to-federal relations include the debt validation clause, due process clauses in the Fifth and Fourteenth Amendments, and the elastic clause in Article I, Section 8. These provisions collectively assert the supremacy of federal law, uphold individuals' liberties, protection, property rights, and travel rights, and provide Congress the authority to enact necessary laws to execute the vested powers.

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Answer:

1.c

Explanation:

so they can check what hes done

The 15th Amendment to the U.S. Constitution, ratified in 1870, was a significant post-Civil War legislative action that sought to ensure voting rights for African Americans.

It declared that "The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude." This amendment came as a direct response to the challenges faced by African Americans following the Civil War, particularly with the advent of the Black Codes designed to maintain an unequal social structure.

As the last of the three Reconstruction amendments, the 15th Amendment was crucial for former slaves and their descendants, securing a measure of political freedom that had been long denied. However, it's important to note that despite this amendment, many African Americans continued to face significant barriers in exercising their right to vote, particularly in the Southern states, where tactics such as literacy tests and poll taxes were employed to suppress the African American vote.

Answer:

The fifteenth Ammendment prohibited denail of the right to vote because of race

Explanation:

The Fifteenth Ammendments to the Constitution of the United States ('XV') states that governments in the United States cannot prevent a citizen from voting because of their race, color, or prior condition of servitude (slavery). It was ratified on February 3, 1870.  Its basic objective was to grant the right to vote to former slaves.

The Voting Rights Act in 1965, made it possible to achieved the full promise of the fifteenth amendment in all states.

Answer: The two parties are unable to communicate.

Explanation:

Answer:

The law of health and safety

Explanation:

The law of health and safety at work was passed into law via the health and safety act of 1974. this act ensures that every employer of labor whether self employed or not is responsible for ensuring the safety of its workers by providing them with all the necessary information on how to work safely at work places.

The act also provides room for a person to take responsibility for his own safety and not blame anybody when he or she fails to take the necessary safety precautions been provided by the employer while performing their duties.

Answer:

promissory notes

Explanation:

The Securities Act of 1933 provide full and fair information on the nature of securities sold through interstate and foreign exchange, and to prevent misrepresentations, prohibit deceit, fraud in selling them. This information didn't helps the government but investors to make informed decisions about whether to buy securities from a firm. Investors who incur damages have valuable rights of compensation if they can claim that critical information was reported incompletely.

Under the Securities Act of 1933, promissory notes are generally not exempt securities, unlike municipal bonds, insurance policies, and annuities which are typically exempt. C is correct.

The security that is not exempt under the Securities Act of 1933 is promissory notes (c). The Act exempts certain securities from its registration requirements, and among the listed options, municipal bonds (a), insurance policies (b), and annuities (d) are typically considered exempt securities. However, most promissory notes are not exempt, especially if they are offered to the public and have a typical maturity of more than nine months. Therefore, the answer to the question is option c, promissory notes.

Municipal bonds are exempt because they are government securities, and insurance policies and annuities are generally considered contracts rather than securities. It's important to note that certain short-term notes might be exempt, but in general, promissory notes do not fall under the exempt category.

Answer:

Explanation:

If governments can relax property rights and change the laws and policies of property rights in order to give individuals and firms more freedom, it will have a great impact in the economic growth of the country.

This is because if individuals or firms can purchase capital such as land, it will induce the entrepreneurs to take more risks to create new​ products, ideas, and more technology. Land can be used as an asset to mortgage or to avail loans to enhance productivity of the firms.

Property and contractual rights are essential for economic growth, serving as the foundation for secure transactions and business activities. Governments can foster a conducive legal environment for these rights, thereby enabling economic activities and investments. Additionally, investments in human capital, infrastructure, and innovation further stimulate economic growth.

Property rights and contractual rights are fundamental to economic growth. These are the rights allowing individuals and firms to own and use property as they see fit, including the ability to enter into contracts with others concerning the use of their property. Having a legal environment that upholds these rights enables societal trust in the security of transactions, which is crucial for doing business and, consequently, stimulates economic activities and growth. Governments can enhance economic growth by modifying laws and policies to ensure that property rights are clear, public, fair, enforced, and equally applicable to all members of society.

For economies to grow, output and incomes must increase, which requires a setting where individuals feel confident to invest, innovate, and engage in commerce. This confidence stems from the assurance that their property and contractual rights are protected by law. Without such a legal framework, the risk of non-payment and the inability to enforce agreements would deter people from doing business, thereby slowing down economic growth

Answer:

Explanation:

When a felony case arises, an arrest or a criminal complaint is not enough to require the defendant to stand for trial. Before the defendant is required to do so, the court must conduct either a preliminary hearing or a grand jury.

A preliminary hearing occurs when a judge hears the evidence and decides whether there is sufficient evidence to require the defendant to stand trial. Otherwise, the judge must dismiss the charges. An alternative to this is the use of a grand jury. In these cases, the prosecutor presents evidence to a jury made up of members of the public, who then decide whether there is probable cause. I believe that a preliminary hearing is important and should be kept, but that a grand jury is not an institution that needs to be protected. In a grand jury, the jury is not knowledgeable of the law, and no judge is present, which makes its ruling more unreliable.

The purpose of a grand jury or preliminary hearing in the adjudication of felony offenses is to determine whether there is probable cause to believe that a crime has been committed and that the individual accused of the crime is the one who committed it. This serves as a check on the power of the prosecution and helps to ensure that individuals are not unjustly subjected to a full trial without sufficient evidence.

A grand jury is a group of citizens who review evidence presented by the prosecution in secret proceedings to decide whether to indict a suspect and proceed to trial. The grand jury process is generally used in federal courts and in some states within the United States. It provides a layer of civilian oversight and can serve to protect citizens from unfounded prosecution.

A preliminary hearing, on the other hand, is a judicial proceeding where a judge determines whether there is probable cause to believe that a felony has been committed and that the defendant committed it. This hearing is less formal than a trial and typically occurs shortly after an individual is charged. It allows the defense to cross-examine witnesses and challenge the evidence presented by the prosecution.

Whether one of these methods should be abandoned is a matter of legal debate. Proponents of the grand jury system argue that it allows for civilian participation in the justice system and can act as a buffer between the government and the accused. Critics argue that grand juries are too secretive and that the lack of transparency can lead to a lack of accountability. They also point out that grand juries rarely decline to indict, which may not serve as an effective check on prosecutorial power.

Preliminary hearings, while more transparent, can be seen as duplicative when a grand jury has already determined probable cause. However, they provide an early opportunity for the defense to confront witnesses and gather information, which can be crucial for preparing a defense.

Given the unique benefits and drawbacks of each system, it is not straightforward to argue that one should be abandoned entirely. Instead, reforms could be considered to address the concerns associated with each method. For example, some jurisdictions have moved away from grand juries in favor of preliminary hearings, while others have implemented reforms to make grand jury proceedings more transparent and to provide defendants with greater rights.

In conclusion, both grand juries and preliminary hearings serve important functions in the adjudication of felony offenses. Rather than abandoning one method entirely, it may be more beneficial to consider reforms that enhance the fairness, transparency, and effectiveness of each process.

Answer:

assumption of duty

Explanation:

Assumption of duty describes a situation wherein an individual takes on responsibility for and a legal duty to a stranger in peril because he or she chose to assist. It occur when an individual who has been delegated a duty promises to perform to the third party and the promise is supported by its  consideration or its equivalent.

Answer:No , S(he) is not liable to prosecution for indecent exposure

Explanation:What is indecent exposure? Indecent exposure refers to an act of exposing your whole body or part of your body in public where this exposure considered morally wrong or socially unacceptable in that local area .

Indecent exposure differs from state to state based on what laws of that society and community consider to be indecent exposure.

This may be based on religious morals and standards ,tradition or just what society consider as a norm in maintaining social order.

When someone is at the beach it is expected that they are likely to be half naked or in some cases even fully naked , so sunbathing at the beach is expected and can't be an insult to the public .

Tanning poses health risks due to overexposure to UV B rays that can cause skin damage and increase the risk of skin cancer. Using high SPF sunscreens and protective measures can reduce these risks. Drinking water and taking safety measures is also crucial.

Tanning is often sought after for aesthetic reasons, but it can come with significant health risks, particularly when done without proper precautions. The primary concern with tanning is the overexposure to ultraviolet (UV) radiation. Specifically, UV B rays, with wavelengths between 280-320 nm, are especially harmful as they have the potential to cause immediate skin damage such as sunburns and, over time, increase the likelihood of developing skin cancer. It's important to recognize that tanning, whether on the beach or through artificial means, must be approached with caution. Using sunscreens with high SPF can significantly reduce the risks by protecting the skin from the harmful effects of these rays. Taking additional safeguards, such as wearing protective clothing, a hat, and seeking shade during peak sun exposure times, can further enhance protection against skin damage. Moreover, ensuring hydration with plenty of water and taking emergency precautions are essential for overall safety while enjoying outdoor activities.

Answer:

b. could be held liable under a theory of negligent failure to supervise.

Explanation:

In this example, Radical Boards, Inc. could be held liable under a theory of negligent failure to supervise. It is clear in this example that Radical Boards was not aware initially of the fact that Keller had created and utilized the peep holes. However, it was nevertheless their duty to supervise their employees. This can be considered negligent supervision. Negligent supervision occurs when a person is meant to supervise others, but fails to do so in a responsible manner. This can include the supervision of employees.

Radical Boards could be held liable for negligent failure to supervise James Keller, which resulted in violation of customer privacy. Employers are responsible under the law to provide a safe environment and prevent wrongful acts by employees. The concept is akin to the responsibility of a babysitter to watch over children, where failure to supervise can lead to serious consequences.

The liability of Radical Boards for the actions of their employee James Keller could be established under a theory of negligent failure to supervise. Given the circumstances where Keller created peep holes in the dressing rooms, his culpability and Radical Boards' potential negligence come into play. The employer has a duty to provide a safe environment for their customers and to supervise their employees effectively to prevent any wrongful acts. In this case, the employer could be held liable if it is proven that they failed to supervise Keller adequately, which resulted in violating the privacy of customers.

To draw parallels, consider the cited case of Elauf, where Abercrombie was found in violation of Title VII for not accommodating Elauf's religious practices. Although the case deals with discrimination rather than customer privacy, it emphasizes the responsibilities of employers under the law.

Going further, the counter example with Susan the babysitter serves to illustrate how an individual responsible for the care and supervision of others may be held accountable for neglecting that duty. Similarly, if an employer does not take reasonable measures to supervise their employees, it can lead to legal consequences if harm results from that failure.

Answer:

It is FALSE that State employment laws cannot forbid discrimination based on sexual orientation because discrimination based on sexual orientation is not expressly forbidden under federal civil rights law.

Explanation:

Employment law ;is the area of law that governs the employer-employee relationship.This area is made up of both state and federal laws and includes many different subjects with the common goal to protect workers' rights. For employees, these laws work to: Prevent discrimination. Promote health and safety.

Federal Civil Rights Laws; Protect Equal Access.They prohibit discrimination based on race, color, and national origin.

Answer:

Explanation:

The state supreme courts maintain a court system where different cases are heard at different smaller courts. They normally consists of two sub-courts, one for civil appeals and one for criminal cases under its jurisdiction.

Adoption cases fall under civil procedure. At the state level, family courts are generally given jurisdiction over adoption cases. However, certain states have different courts which has jurisdiction over adoption cases.

In the case of Iowa state, adoption cases are settled either in district or juvenile courts.

Answer:

That is not a qusetion

Explanation:

Answer:

A. The creation or existence of a compensation agreement does not establish an agency relationship between the giver of compensation and the recipient

Explanation:

An agency cannot be implied between the giver of a compensation and the recipient. An agency can only exist between the individual who wishes to sell a property and his/her designated agent or representative.

Option A is true; the creation of a compensation agreement does not in itself establish an agency relationship. An agency relationship is based on factors like control and authority, and compensation is just one component that can be part of an agency contract.

The question addresses the concept of agency relationships within a business context, particularly in regard to compensation and its impact on the establishment of such relationships. When it comes to the true statement among the provided options, A is correct: The creation or existence of a compensation agreement does not establish an agency relationship between the giver of compensation and the recipient. This is because an agency relationship typically involves an agent acting on behalf of a principal, and the mere existence of a compensation mechanism, such as a salary with a commission, does not by itself create this relationship. Factors such as control, consent, and authority to act on behalf of the principal contribute to the establishment of an agency relationship.

Furthermore, the context provided suggests that incentive structures, including commissions and salaries, are designed to align the interests of agents with those of the principal, addressing agency costs and incentivizing performance. While a compensation agreement can be part of an agency relationship, it is the terms and conditions of the relationship, agreed upon through a contract, which define the nature and extent of the agency.

Answer:B

Explanation:

Under the UCC, Garage Prefabricators is entitled to resell the portable garages and recover any damages due to Hiway Truck Service Center's breach of contract.

In a scenario where a buyer, such as Hiway Truck Service Center, refuses delivery and cancels the contract for goods, specifically portable garages, the seller, Garage Prefabricators, Inc., has certain rights under the Uniform Commercial Code (UCC). Under the UCC, the seller is typically entitled to both resell the goods and recover any damages from the buyer for the breach of contract. This includes any loss resulting from the difference between the original contract price and the market price at the time of the breach, as well as any incidental damages incurred as a result of the buyer's refusal to accept the goods. Therefore, the correct answer to the given situation would be option (b): Garage Prefabricators is entitled to resell the garage and recover any damages from Hiway Truck Service Center.

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