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
Answer:
2 or 4 is correct
Explanation:
step by step explanation
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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Appellate courts Group of answer choices are made up of judges only. will, on occasion, seat juries, but only when dealing with cases and controversies dealing with federal questions. are courts exclusively of original jurisdiction and, hence, seat juries as a matter of court to make determinations of fact in reaching verdicts. often seat juries to listen to new evidence being presented in criminal cases on appeal to their courts. seat a jury in criminal cases but never in civil matters.
Answer:
often seat juries to listen to new evidence being presented in criminal cases on appeal to their courts.
Explanation:
A court refers to an enclosed space such as a hall or chamber where legal practitioners (judges, lawyers or attorneys and a jury) converge to hold judicial proceedings.
There are different types of courts and these includes;
I. Trial court.
II. Circuit court.
III. Appeal court.
IV. Supreme court.
An appellate court is also known as court of appeals and can be defined as a court of law of the judicial system that is empowered by law (jurisdiction) and saddled with the responsibility of hearing and reviewing an appeal of a trial-court or other lower court (tribunal).
This ultimately implies that, all appellate courts are empowered by law to review both questions of fact and questions of law. The appellate court can review questions of law as "De novo" or plenary review (legal error standard).
A criminal case can be defined as a lawsuit brought before a court of competent jurisdiction against someone who has been accused of committing a crime.
Typically, appellate courts (court of appeals) often seat juries to listen to new evidence being presented in criminal cases on appeal to their courts.
A grand jury can be defined as a group of citizens that are legally saddled with the responsibility of reviewing the evidence in a criminal case. Thus, grand jury are legally empowered by law to carry out an investigation with respect to a potential criminal case, engage in legal proceedings and determine whether or not an evidence is quite sufficient to warrant trial in a court of competent jurisdiction.
Hence, if the grand jury serves an indictment in a criminal case, the suspect is formally accused of committing the crime. This simply means that, the grand jury has ascertained that there are enough evidence to indict an accused.
However, if in a criminal case, the grand jury offers no indictment, the case wouldn't go to trial at the time.
Civilians and military personnel enjoy the same constitutional guarantees when charged with a serious felony.
True
False
mọi quy tắc xử sự tồn tại tròn xã hội có nhà nước đều là pháp luật đúng hay sai? Giải thích
Answer:
Sai lầm
Explanation:
Mọi quy tắc xử sự tồn tại trong xã hội có nhà nước đều là pháp luật.
Sai. Các quan hệ xã hội của chúng ta được điều chỉnh bơi các quy phạm đao đức và các quy phạm pháp luật, mà các quy phạm đạo đức thì có thể đượec thể chế hóa và đưa lên thành các quy phạm pháp luật nhưng không phải quy phạm đạo đức nào cũng được dưa lên thành luật cả. Tồn tại xã hội quyết định ý thức xã hội cho nên các quy tắc ứng xử đựoc coi là các chuẩn mực đạo đứa đó đó không nhất thiết phải được xem là pháp luật mà nó song song tồn tại trong xã hội
Ways to avoid emotional stress when
driving include:
a Always have the radio off
b Obey the rules-of-the-road
c Never change lanes
d Always go
with the flow
Answer:
I will go with D always go with the flow
An acceleration clause is sometimes added to reverse mortgages. This means that the loan could become due and payable under certain circumstances, which may include all but which of the following?
A. A new owner is added to the title
B. The borrower adds MIP to the loan
C. New debt against the home is taken out
D. All or part of the home is rented out
Answer:
the borrower adds MIP to the loan
Stealing goods from a retail store is called
forgery.
robbery.
burglary.
shoplifting.
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
Answer:
d
Explanation:
a two-thirds majority of Congress
Kathy receives her real estate license. Within a month of receiving her license, she gets a new job offer she can’t refuse. She decides to continue to hold a license but not practice or do any real estate work or collect any referrals at this time. She is willing to renew her license, do her continuing education, and pay the same fee for her license. What should Kathy do?
Seek an involuntary inactive license.
Answer: Seek an involuntary inactive license.
Explanation:
You are indeed right that she should seek an Involuntary Inactive license which is shows that she is not practicing and therefore has not met the requirements needed for her to continue practicing real estate work.
She might be ready to renew her license but the requirements are such that she would have to do some real estate work. If and ever she is willing to come back to real estate, she can then renew her license, pay the fee and meet other requirements.
Why do plaintiffs sometimes reach settlements before a civil trial begins?
A. To prevent a prosecutor from showing evidence against them
B. To give the judge a chance to reach a verdict in their favor
C. To avoid being found guilty of a crime by the jury
D. To make sure they get at least part of what they want
Answer: Choice D) To make sure they get at least part of what they want
=============================================================
Explanation:
Let's go through the answer choices to see which are true and which are false.
A) False. The plaintiff is the one doing the prosecution or bringing the case against the defendant. The plaintiff is not on trial.B) False. For many cases, a judge isn't involve in the settlement process. In those cases, the two parties directly negotiate together to settle the dispute. In cases where a judge is involved with a settlement, their powers aren't as strong as compared to a courtroom setting. C) False. Again, the plaintiff isn't the one being accused of the crime. That would be the defendant.D) True. Court cases take a very long time to reach their conclusion. Not only that, they're very costly as well (in terms of money, time and resources). Not to mention the stress they bring about also. All of these factors sometimes lead people to go for a settlement even if they know they have a 100% airtight case against their opponent. Settlements are often the easier route and they allow people to get something rather than nothing. Keep in mind that even if there is an airtight case, there might be some technicality that allows to defendant to be found not guilty.You must submit a report to the DMV within 15 days of a traffic accident on a Traffic accident report form. True or false?
Answer:
False
Explanation:
Quizlet - Unit 6 Lesson 3: Procedures When Involved In An Accident
First question.
Many New Orleans officers responding to crime in the wake of Hurricane Katrina wore easily recognizable blue uniforms with distinctive gold badges. Which nineteenth-century organization was among the first to adopt the practice of wearing formal police uniforms with its three-quarter-length royal blue coats, white trousers, and top hats?
Answer:
The first London Metropolitan Police
Explanation:
On the 29th of August, 2005, New Orleans was hit with a fatal natural disaster, which was called Hurricane Katrina and it resulted in the widespread destruction of properties through flooding and storm.
During the Hurricane Katrina, many police officers serving in New Orleans wore easily recognizable blue uniforms with distinctive gold badges while responding to criminal activities.
The first London Metropolitan Police was established by Robert Peel in 1829, under the Metropolitan Police Act of 1829.
The first London Metropolitan Police is a nineteenth-century organization and it is considered to be among the first paramilitary unit to adopt the practice of wearing formal police uniforms.
Additionally, the first London Metropolitan Police wore royal blue coats of three-quarter-length, white trousers, and top hats to match.
15. The House of Representatives has the special power to
an agreement enforceable by law is called as
Answer:
Contract
Explanation:
an agreement enforceable by the court of law is called as contract
Can an impaired driver crash into you or someone you love? Yes or no
Which of the following is not an instruction that would be given to witnesses to prepare them for trial?
If asked to give exact times or measurements, "approximate" your responses.
It is best to elaborate and give detailed answers to questions.
Always control your emotions while on the witness stand.
Always tell the truth and testify with confidence.
Answer:
Always control your emotions while on the witness stand
Explanation:
Judges are very smart and with your actions while on the witness stand tell them what you mean. so your explanation should. be of reasonable doubt.
Can somebody help me
In determining whether a witness is credible, an investigator should (check all that apply):
A. observe the witness's demeanor while speaking
B. refrain from reaching conclusions about a witness's veracity
C. consider the witness's bias and motive to testify
D. consider whether the individual has the ability to make an effective witness
Có một "tàu lạ" của nước ngoài hoạt động khảo sát dầu khí trên biển, cách bờ biển Vũng Tàu của nước ta 160 hải lý. Vận dụng những kiến thức đã học về chủ quyền lãnh thổ, biên giới quốc gia; Anh, chị cho biết “tàu lạ” này có vi phạm chủ quyền lãnh thổ của Việt nam hay không?; nếu có, theo anh chị Đảng, Nhà nước ta nên giải quyết vấn đề này như thế nào?
Dany is an international trader in computer. In June 2018 he wrote a proposal to his most frequent client, Alan, saying that he was offering to sell 100 motorbikes, XYZ brand, latest version for US$1000/a motorbike. The detail description of a motorbike was in the Exhibit A attached with the contract.Alan immediately responded that he accepted the proposal, but he was only willing to receive the good in a safe and sound condition. Decide what are the legal nature of Dany's proposal and Alan’s reply?
Answer to the following question is as follows;
⇒ The Legality of Danny's Proposal;
In this case, Danny's proposal is regarded an offer until it is approved by Alan in the market. As Danny's promised to sell 100 motorcycles for US$1000 each.The proposal from Danny's perspective is an offer since Alan did not acknowledge the agreement in the beginning. Once acknowledged by Allen, this exchanging of bikes becomes an offer.⇒ Allan's response;
Allan's response, on the other hand, was interpreted as offer and acceptance because no agreement was reached among them and Allan takes the bike only when it is in good shape. If the bikes are not in excellent condition, Allen has the right to decline the seller's contract at any moment.Learn more about "Legal proposal"
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Which of the following parties is permitted to view all entries in the Notary Signing Agent Notary journal?
A) Contracting Companies and Lenders
B) Borrowers and signing Parties
C) Police with a warrant for Journal
Answer:
C) Police with a warrant for Journal
Explanation:
An office block of 14,000m2 gross area with 80% lettable area in Muscat, let
recently at OMR 350,000 p.a on internal repairing terms (The landlord is
responsible for 5% external repairs, 5% insurance and 3% management fees).
The block has been sold for OMR 2,800,000 with 5% cost for sale. A
development company wishes to purchase a nearby site to build an office block
with a gross floor area of 10,000 m2 (70% lettable area) that is to be let on fully
repairing and insuring terms (FRI). The development company need to avail a
loan from bank. Short-term finance of 50% of the total estimated building cost
Gm
Which section of the outline is the introduction?
Section I
Section II
Section III
Section IV
Answer:
Section I
Explanation:
Section I is the introduction
Answer:
Section I
Explanation:
Just took the test on edge
if you are charged with zero tolerance offense this mean that your driving privilege will be suspended for 1 year for aa second or subsequent Offense true or false
Are foreign policy and domestic policy two faces of the same coin.
Answer:
yes
Explanation:
Foreign policy and domestic policy are considered as the two faces of a coin because any change in both of these policies will impact on the macroeconomic variables of both the nation.
g Which type of case would be appealed automatically to the Texas Court of Criminal Appeals Group of answer choices A capital felony conviction with imposed death sentence A state jail (fourth-degree) felony conviction A first-degree felony conviction A civil case involving a sum of over $100,000
Answer:
A capital felony conviction with imposed death sentence.
Explanation:
The Texas Court of the Criminal Appeals is the last and the highest court of appeal incase of any criminal matters. It is situated in the Supreme court building with the Presiding judge. The court exercises a discretionary review over the criminal cases.
The only cases the Court must hear are only those cases that involves the sentence of a capital punishment or a denial of a bail. A capital felony of conviction which imposed a death sentence to the accused can be automatically appealed to the Texas Court of Criminal Appeals.
How Can We Get Khula in Pakistan?
http://www.advocateinlahore.com/khula-procedure-in-pakistan/
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:
civil cases cannot be tried by what?
A judge
A judge and jury
Third party arbitrator
An arbitrator not agreed upon
In a civil trial, a judge or jury examines the evidence to decide whether, by a "preponderance of the evidence," the defendant should be held legally responsible for the damages alleged by the plaintiff.
Which of the following documents is required for any type of search according to the Fourth Amendment to the U.S. Constitution?
arrest order
arrest warrant
search warrant
seizure warrant
Discuss the difference between foriegn policy and domestic policy
Answer:
Domestic policies are those that affect or apply to people or institutions within a particular country and tend to be internal. Foreign policy has to do with policies between two or more nations and is external. It focuses on building networks with other countries.
