Answer:
Death penalty sentences are carried out swiftly because of the gravity of the crime and the need to ensure justice is served quickly. By carrying out the sentence swiftly, it can prevent delays in the process while also deterring would-be criminals, since they know that their actions may have serious consequences. Additionally, it goes some way to providing closure for victims and their families and allows them to have closure in their cases.
NATIONAL AUTO DEALERS EXCHANGE, L.P., PLAINTIFF,
v.
DIRECTOR, DIVISION OF TAXATION, DEFENDANT.
PART II: FX ECON301 Case Question Interrogatory [Research Part III] 50 marks evenly weighted ILO:A1/A2
Cite Case Name: NATIONAL AUTO DEALERS EXCHANGE, L.P., PLAINTIFF, v. DIRECTOR, DIVISION OF TAXATION, DEFENDANT. * SEC:___ NAME:______________________SID#_______________
*If unanswered, or answered incorrectly, -2 ½ marks.
Battery#1
[1] What is the jurisdiction of the case? (Answer no more than 3 words)
A: court to declare the assessment of Corporation Business Tax
[2] Is this a class action law suit? Answer Yes or No. If yes, briefly describe the class in one short sentence (25 words or less):
A: yes,
[3] Which party prevails (wins) in the case? __________________________ (single term or cite the name of the party)
[4] Is a fine or restitution or a monetary award of damages involved in this case? If so, indicate the sums involved. (HIGHLIGHT or CIRCLE THE CORRECT UNDERLINED TERM ABOVE) Sum awarded: ____________ (If not applicable identify outcome sought e.g. equitable relief or declaratory judgment: ________________________________ (4 words or less)
[5] Is this a final adjudication of a substantive law claim? Answer YES or NO. If YES, indicate substantive law claim decision. If NO indicate that the matter has been REMANDED to a lower court or that it is a final adjudication of a procedural law claim. If a final adjudication of a procedural law claim, indicate the nature of the procedural dispute in one brief sentence. _____________________________________________________________________________ (25 words or less)
1. The jurisdiction of the case is in New Jersey.
2. It is not a class-action lawsuit. A class-action lawsuit involves a large group and not a partnership. For instance, if all the Auto Dealers in New Jersey are involved in the case, it becomes a class-action lawsuit.
3. The plaintiff, NATIONAL AUTO DEALERS EXCHANGE, L.P, prevails in the case.
4. There was no monetary award in the case. It was a summary judgment, which does not require a full trial.
5. This case was a final adjudication of a substantive law claim. The court affirmed that the tax division of New Jersey lacked the jurisdiction to impose or assess NADE for corporate tax since it was not a company for corporate tax purposes but a pass-through entity.
What is jurisdiction?Jurisdiction refers to the level of government that exercises the legal authority to decide a lawsuit.
In the United States, jurisdiction is divided into local, state, and federal levels.
What is a pass-through entity?Some of the pass-through entities include sole proprietorship, partnerships, LLCs, and S-corporations.
A pass-through entity is not assessed for corporate tax because the profits are distributed to the individual owners who are assessed for personal taxes.
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State laws that preempt HIPAA privacy provisions usually cover the following types of information, except for
State laws that preempt HIPAA privacy provisions usually cover the following types of information, except for cardiac.
When new federal laws were approved in 1996, there were no clear HIPAA exceptions for emergency cases. The U.S. Department of Health and Human Services (HHS) and the Office for Civil Rights (OCR) issued a bulletin in 2014 to make clear how protected health information (PHI) might be utilized in emergency scenarios without breaking the law in response to public health emergencies across the world. Except for therapeutic reasons, the amount of information disclosed must always be "minimum required," and all reasonable steps must be taken to prevent unauthorised use of the patient's information.
Hospitals are exempt from the sanctions and fines usually associated with HIPAA violations, such as using PHI to speak with a patient's family member without authorization, provide a patient with a copy of the entity's privacy notice, or safeguard the patient's complete privacy or confidentiality, for a brief but defined period in the event of a declared public health emergency.
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The individual rights interpretation of the right to bear arms is supported by the a. the preamble to the Second Amendment. b. the Commerce Clause. c. United States v. Miller. d. NRA.
Litigation generally refers to dispute resolution processes for _______ (or _______) cases in public courts of law.
Litigation generally refers to dispute resolution processes for civil (or non-criminal) cases in public courts of law.
What is litigation?The process of settling conflicts through the public court system by submitting or responding to a complaint is referred to as litigation.
The main purposes of litigation are-
Contrary to popular belief, litigation is not the same as a "lawsuit" that has been filed. Following the filing of a lawsuit, legal processes between two parties to uphold or defend a legal right under the supervision of a court are referred to as litigation.The purpose of litigation is to ascertain the rights, responsibilities, and obligations of the parties involved in a legal dispute. In other words, it is the procedure for settling the conflict by legal action, the results of which are enforceable and legally binding.A civil lawsuit is initiated by a member of the public, who then enters the litigation process.To know more about the legal dispute, here
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What type of contract did Godfrey form when he put the advert for his lost phone up, and can the young boy enforce this contract against him?
The advert for Godfrey's lost phone is not a contract but an invitation to treat.
What is a contract?A contract is an agreement between different parties that is enforceable by law.
For a contract to exist, these elements are required:
Mutual assentValid offer and acceptanceAdequate considerationCapacityLegality.Thus, the young boy cannot enforce the contract against Godfrey as none was made between him and Godfrey.
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g 23. The appropriate geographical location of the court that has jurisdiction could be based on the _____________involved in the dispute: a. People b. Property c. Place
Answer:
Explanation:
I think so yes you are correct I think so yes you are correct
When one party promises to do what she is already legally obligated to do, the law considers this a(n)_______ and not valid consideration.
When one party promises to do what she is already legally obligated to do, the law considers this a preexisting duty and not valid consideration.
What is a valid consideration?A valid consideration is a price paid in exchange for goods or services or a promise to do (or abstain from) something.
A valid consideration must be significant, adequate, and unconditional.
Thus, when one party promises to do what she is already legally obligated to do, the law considers this a preexisting duty and not valid consideration.
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Suppose that the following milestones apply to a hypothetical based on Brodgen v Metro Railway. Brogden supplies coal to Metro on a regular basis. On June 3, Brogden and Metro negotiated a draft concerning the supply of coal.
Suppose that the following transactions take place:
• April 2: Brogden shipped and Metro received 85,000 tons of coal
• May 2: Brogden shipped and Metro received 145,000 tons of coal
• May 22: Brogden shipped and Metro received 65,000 tons of coal
• June 2: Brodgen shipped but Metro received the delivery of 45,000 tons of coal
• July 2: Brogden shipped but Metro rejected the delivery of 50,000 tons of coal
• August 2: Brogden shipped and Metro received 225,000 tons of coal
• August 29: Brogden shipped and Metro received 75,000 tons of coal
Using data from [B3] below, determine damages payable using the above-identified theory & recovery basis:______________ (number)
The damages payable using the above-identified theory & recovery basis is 50000 tons.
What are damages?It should be noted that damages are the remedy to be paid to a client as compensation.
In this case, Brogden shipped but Metro rejected the delivery of 50,000 tons of coal.
Therefore, the damages payable using the above-identified theory & recovery basis is 50000 tons.
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set of promises between two or more parties the performance of which the law expects, the breach of which the law provides remedies.
Answer: Contract
Explanation:
What program is available to support c-snp and d-snp members who may have unique health care needs?.
The healthcare program available to support C-SNP and D-SNP members with unique healthcare needs is a care management program that varies and depends on the member's health risk level.
What is a Dual Special Needs Plan?A Dual Special Needs Plan (DSNP) is a special Medicare Advantage Plan that provides health benefits for people who qualify for both Medicare and Medicaid. These people are described as dually eligible.
The eligibility for these special needs rests on health risk assessments.
What is a health risk?Health risk refers to an adverse event or negative health consequence resulting from specific events, diseases, or conditions.
For example, obesity health risks include diabetes, joint disease, cardiovascular disease, and an increased probability of cancers.
What is health risk assessment?A health risk assessment is an appraisal or evaluation that assesses a person's health risks based on the person's medical history, demographic, and lifestyle characteristics.
Thus, the healthcare program available to support C-SNP and D-SNP members with unique healthcare needs is a care management program that varies and depends on the member's health risk level.
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Why is it important to name an executor in a will?
A) To ensure that beneficiaries get whatever they want from the estate
B) To ensure that someone you trust administers your estate
C) To ensure that beneficiaries do not receive any asset
D) To ensure that the court doesn't declare the will null and void
Answer:
B) To ensure that someone you trust administers your estate
Explanation:
Executor DOES NOT decide who gets what
Executor makes sure the property that is in the will goes to the right person
They will need to find and contact the beneficiaries named in the will.
The executor may choose to work with a tax accountant to do this
hessverdon
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13. According to her test results, Anna prefers logical reasoning over emotions, uses cause-and-effect reasoning, and seeks out the unbiased truth.
Which trait is she likely strong in?
O A. Extroversion
OB. Thinking
O C. Making
D. Feeling
Based on the fact that Anna tries to use logic as well as cause and effect, the trait she is likely strong in is B. Thinking.
What trait is Anna strong in?Anna is most likely strong with the "thinking trait" because she shares characteristics with others who think a lot.
They try to use logical reasoning, and they use cause-and-effect associations to make decisions.
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What laws do you think could be put in place to protect you as a consumer and make you have more trust in the law process
Consumer protection law is a law that could be put in place to protect me as a consumer and make you have more trust in the law process.
What is Consumer protection law?Consumer protection law is a law that bring about the prohibition of unfair or deceptive acts which is related to promotional activities as well as sales practices.
In this case, Consumer protection law is a law that could be put in place to protect me as a consumer and make you have more trust in the law process.
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When a patient is covered under more than one policy, __________ is used to ensure the claim is not paid to more than 100%.
When a patient is covered under more than one policy, coordination of benefits is used to ensure the claim is not paid to more than 100%.
Health policy is best understood as an overarching set of principles and goals that govern how health care is provided and consumed. Health policies are codified at the national or state level and fine-tuned at hospitals or clinical sites.
Use health policies to prevent disease and improve health. Health policies can have a significant impact on health and well-being. Healthy People 2030 focuses on keeping people safe and healthy through laws and policies at the local, state, territory, and federal levels.
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A d-snp member loses his eligibility due to a change or loss of medicaid status. What cost sharing is he responsible for while in the grace period?.
The cost sharing that the member is responsible for would be the Medicare cost-sharing portion.
What is the Medicare?This is the term that is used to refer to the insurance policy that is given to the citizens of the United States based on the fact that it would help to reduce the cost that they would have paid for several health bills.
It is a health type of insurance for those that are of 65 years and above and the younger people that are found to be eligible. The plan also include the people in the nation that are found to have one disease or the other.
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What is the most important implied covenant in an oil and gas lease
The most important implied covenant in an oil and gas lease is that the lessee must continue to develop the underlying resources according to the agreement.
What is an implied covenant?An implied covenant is a contract rule to require parties in a contract to implement the intended terms of the agreement.
The purpose of an implied covenant is to ensure that the parties do not undercut the purpose of the contract.
Other essential covenants are that the lessee of an oil and gas lease must protect and administer the leasehold.
Thus, the most important implied covenant in an oil and gas lease is that the lessee must continue to develop the underlying resources
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All communication standards associated with local area networks are governed by ________.
Answer:
i think the IEEE 802 Protocol
Explanation:
When Lara and Mick cannot resolve their dispute amicably, Lara initiates a lawsuit against Mick. Lara is
If a paralegal prepares a research memo concerning case law and the strategy for representing a client, this memo is likely considered.
A. attorney-client privileged.
B. property of the client.
C. property of the attorney.
D. attorney work product.
When a paralegal prepares a research memo which could concern the strategy for representing a client, that memo is considered C. property of the attorney.
Who is a paralegal?Paralegals are legal professionals who have a wealth of legal knowledge but are yet to have passed the bar.
Their duty is to assist lawyers in legal issues by researching cases for them, coming up with strategies, and basically other ways that the lawyer needs help with.
The work done by the paralegal such as researching case strategy will be considered to be the work of the attorney who was being helped by the paralegal.
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Statutes that impose mandatory prison sentences, generally a life sentence, on those convicted of an offense if they have been previously convicted of two prior serious criminal offenses are called _____.
Statutes that impose mandatory prison sentences, on those convicted of an offense if they have been previously convicted of two prior serious criminal offenses are called three-strikes law.
What is three-strikes law?Three-strikes law, serves as the criminal sentencing structure which is been imposed on anyone found guilty for the third violation of violent felonies.
Therefore, Statutes that impose mandatory prison sentences, on those convicted of an offense if they have been previously convicted of two prior serious criminal offenses are called three-strikes law.
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In which of the following situation can bench trial occur
In the justice system, a bench trial can occur only when the defendant does not request a jury trial.
See the Explanation below.
What is a Bench trail?Simply put, a bench trial can be defined as a situation in the justice system where the judge decides guilt or not guilt, however, the Jury Trial is when an array of other lawyers have to decide whether a person is guilty or not guilty.
In conclusion, for the judge to issue a bench trial it has been stated that the defendant has not specifically requested a trial by the Jury
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What is the term for an individual or group that attempts to conduct malicious activities against enterprises?.
Answer: In cyber security and threat intelligence, a threat actor is a broad term for any individual or group of individuals that attempts to or successfully conducts malicious activities against enterprises, whether intentionally or unintentionally
The elements of child abduction (PC 207e) are: (1) taking a child (2) intent to detain the child and (3) ______ from its parents, guardian, public agency, etc. The child’s _________has no effect on this section.
Answer:
1. ³/⁵-¹⁹⅘fright 5&23⁹/⁶
Define electronic media and mass media.
Political Sceince
Electronic Media:
As opposed to static media (printing), which is transmitted to a smaller audience, electronic media is described as material that can be shared on any electronic device and viewed by the general public. Electronic media includes things like television, radio, and the internet.
Selling oneself and other entities, such as businesses, products, and so forth, is one of the many goals that may be achieved by using electronic media. Electronic media is an effective means to communicate with one another, whether via the use of media devices and networks or social media sources like television or the Internet. These are just a handful of the many ways you may use electronic media for good.
Mass Media:
A system of technology known as mass media—which includes radio, television, newspapers, etc.—is utilized as the main method of communication to reach the majority of the general audience.
Impact of globalization
As much as they have advanced in technological and scientific development, humans have also turned to leisure and relaxation. There is no longer any place on Earth that is inaccessible to electronic information sources because to years of globalization and the spread of technology to practically every nook and crevice. Who doesn't possess a computer or a television? But these are all outdated tales. Nowadays, people carry gadgets in their pockets that connect them to the outside world e.g. cell phones.
Concept of Mass Media
Mass media is the means that people bring to their utility in order to communicate with people. It serves as a channel for information. The emergence of mass media makes it possible for us to watch the news or our favorite TV show on our TVs and listen to our favorite RJs on the radio.
Source of Information
Mass media is any source that sends information to public (masses). It can include sources like newspapers, magazines, internet, TV, radio etc. TV and radio are not mass media per se but they become mass media only when they have the connection and they are capable of accessing the media so they are the sources.
Applications of Mass Media
There are diverse applications of mass media in the world today. However, it exists since ages. Back in older times, people used drums to invite the residents of a community where they would gather and then announce the news to them. This is how their mass media would be like. Then gradually when they could write, they would paste the news on the places where majority could read and update others. It became more advanced with the passage of time and today we have internet and social media which is the most advanced form of mass media.
Mass media develops awareness among people regarding social and political issues. It’s also a means to educate, entertain and connect. It has strengthened our modes of accessibility.
Types of Mass Media
There are various types of mass media which are as follows:
Print media- It involves magazines, newspapers and even billboards that we see everywhere around us.Electronic media- It includes television and radio.New age media- Mobile phones, computers, Apple TV, Play Stations etc.The right of an individual to take another person's resources because that person has failed to meet the requirements of the law is known as a ________. Group of answer choices dicta remedy citation holding precedent
A PIO's proactive approach to public information enhances credibility in messaging. Proactivity occurs during A. The five (5%) segment of the 95/5 concept B. The ninety-five (95%) segment of the 95/5 concept C. down time when working an emergency. D. " blue sky" time but makes no difference in credibility.
Answer: B is the correct answer
The occurrence of the PIO's proactive approach to public information enhances credibility in messaging when there is downtime when working an emergency. Hence, Option C is correct.
What is a proactive approach?
When actions are taken by the person for any problem or difficulty before its turns into a big issue or problem is known as the proactive approach. In nsimpleterms, an approach is made by becoming an active solver in advance. There is one more way to solve any problem and that is the reactive approach. As per the name, it can be stated that the problem or the difficulty will be solved only when it is moved to the next level.
In the case of the reactive approach, the problem is solved when there is a lot of work pressure and a load of other problem-solving is also there. For instance, when a student prepares for the exams that are going to be held in the month of June, preparation will be started by the student in January.
Thus, Option C is correct.
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Members who lose their eligibility for the d-snp due to a change or loss of medicaid status are responsible for what cost sharing?.
Medicaid cost sharing is the responsibility of the members who lose their eligibility for the D-SNP as a result of a change or loss in their Medicaid status.
What is Medicaid?Medicaid is the country's public health insurance program for low-income individuals, it should be highlighted.
Medicaid is the country's public health insurance program for low-income individuals, and it provides coverage to 1 in 5 Americans, many of whom have complicated and expensive medical demands.
The Medicaid entitlement is predicated on two guarantees: first, states are promised federal matching funds without a cap for qualified services delivered to eligible enrollees under Medicaid, and second, all Americans who fulfill Medicaid eligibility standards are assured coverage.
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Sentencing of offenders is assessed differently using different ethical perspectives. Explain
The punishment that an offender receives is based on the different ethical perspective of the person doing the sentencing.
How does ethical perspective affect sentencing?The ethical view that a judge takes when they are sentencing a person is what ultimately determines the sentence that the offender will get.
For instance, a man runs red lights and has an accident. He doesn't stop because he is trying to get his wife who is in labor to the hospital.
A judge who believes that the ends justifies the means will give that man a lighter sentence because he was just trying to get his wife proper medical care.
Another judge might impose a heavy sentence because the judge wouldn't look at why the man committed the crime, but how it affected other people.
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Sasha is playing a game with two friends. Using the spinner pictured, one friend spun a one, and the other friend spun a four. Sasha needs to spin a number higher than both friends in order to win the game, and she wants to calculate her probability of winning. What is the probability that Sasha will win the game
There will be three possibilities that Sasha hopes to achieve, and he should include them all in his probability estimate.
How can we define probability?The possibility of an event taking place may be quantified using the concept of probability.
What exactly is the result?The probable results of an experiment or test are referred to as its outcomes.
Formula to compute the probability
P(A)=favour outcomes/total outcome
Where
sample space = {1,2,3,4,5,6,7,8}
n=8
There were a total of eight different results.
In order for Sasha to win the game, he must spin a number that is higher than any of his companions.
It is required that the numbers be more than 5.
6, 7, and 8 will be the numbers that appear.
consequently,
The total number of positive outcomes is equal to three.
Hence. There are three outcomes that Sasha would like to see when he does his estimate of the likelihood.
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Answer:
[1, 2, 3, 4, 5, 6]
Explanation:
I wish there would be choices next time
_____ means that laws must be applied fairly and equally to all people, especially to a citizen accused of a crime.
According to the research, Due process means that laws must be applied fairly and equally to all people, especially to a citizen accused of a crime.
What is due process?It is the principle that guarantees that each person has certain minimum guarantees so that the result of a judicial process is equitable and fair.
It is linked to respect for the rights of a person who, within the framework of the judicial procedure, can go from accused to imputed, then prosecuted and finally convicted.
Therefore, we can conclude that according to the research, Due process means that laws must be applied fairly and equally to all people, especially to a citizen accused of a crime.
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