In 2010, the Supreme Court invalidated a provision of the Bipartisan Campaign Reform Act (also known as the McCain-Feingold Act)
That limited the ability of corporations and unions to spend their general treasury funds on election communications.
The majority decision of the case, known as Citizens United v. Federal Election Commission, held that the government cannot restrict independent political expenditures by corporations, associations, or labor unions.
The Court found that such restrictions on political speech violated the First Amendment's protection of free speech.
This decision led to the creation of Super PACs, which can raise unlimited funds from individuals, corporations, and unions to spend on political communications.
The ruling has been controversial and continues to impact campaign finance regulation in the United States.
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Agency rulemaking may be formal, informal, hybrid, or negotiated.
A. True
B. False
Agency rulemaking can take on different forms such as formal, informal, hybrid, or negotiated. the type of rulemaking chosen by an agency depends on various factors such as the complexity of the issue, the level of public interest, and the amount of time and resources available.
agencies have the flexibility to choose the type of rulemaking that is most appropriate for the situation at hand. Agency rulemaking can indeed be formal, informal, hybrid, or negotiated. Formal rulemaking involves a structured process with hearings and a detailed record, while informal rulemaking is more flexible and usually involves public comments. Hybrid rulemaking combines elements of both formal and informal processes, and negotiated rulemaking is a collaborative process where stakeholders and the agency work together to develop a consensus on the rule.
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An agency may formulate administrative law by adopting rules and regulations and adjudication.
A. True
B. False
True. Administrative agencies can formulate administrative law by adopting rules and regulations and through adjudication. When an agency adopts a rule or regulation.
It creates a binding legal obligation that must be followed by the agency, other government entities, and private individuals or entities. Rules and regulations are typically created through a notice and comment process, which allows interested parties to provide feedback on proposed regulations before they are finalized.
Adjudication refers to the process of resolving disputes through administrative hearings or other quasi-judicial proceedings. During adjudication, an administrative law judge or hearing officer hears evidence and arguments from the parties involved and issues a decision that is binding on the parties. Adjudication can be used to resolve disputes between private parties, between a private party and a government agency, or between two government agencies.
Both rulemaking and adjudication are important tools for administrative agencies to carry out their functions and create binding legal obligations.
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exceptions to the federal anti-kickback statute that allow legitimate business arrangements and are not subject to prosecution are
The Federal Anti-Kickback Statute prohibits the exchange of anything of value in return for referrals or business under any federally funded healthcare program. However, there are certain exceptions and safe harbors that allow for legitimate business arrangements and are not subject to prosecution. Some of these exceptions and safe harbors include:
Discounts: Discounts provided to customers or clients are generally exempt from prosecution as long as they are based on actual transactions or services provided and meet certain criteria.
Personal services and management contracts: Payments made to healthcare providers for legitimate services or management services are exempt from prosecution if they meet certain requirements and are not intended to induce referrals.
Group purchasing organizations: Payments made to group purchasing organizations are exempt from prosecution if they meet certain requirements and do not involve any illegal kickbacks or inducements.
Referral services: Payments made to referral services that meet certain requirements are exempt from prosecution as long as they do not involve any illegal kickbacks or inducements.
It is important to note that these exceptions and safe harbors are subject to specific requirements and conditions, and it is important for healthcare providers and businesses to consult with legal professionals to ensure compliance with the law.
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In a specific intent crime, which is true?
A. The prosecution must prove the defendant not only intentionally committed the criminal act, but had an additional intent at the time he did the act.
B. The defendant must convince the jury that he lacked criminal intent.
C. Specific intent is presumed if the defendant’s actions violated the law.
D. The prosecution must have a confession by the defendant that shows the specific intent was present at the time the crime was committed.
The true statement about specific intent crime is that prosecution must prove the defendant not only intentionally committed the criminal act, but had an additional intent at the time he did the act. The Option A.
What does a Specific intent crimes means?Specific intent crimes are those where a prosecutor must prove, beyond a reasonable doubt, that the defendant intended to commit a certain harm.
This means a specific intent is a necessary element of the crime itself. The examples of specific intent crimes are arson, burglary, forgery, and robbery.
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Under the _____, if children are in foster care for 15 out of the previous 22 months, the child protection agency must file a termination of parental rights and move the children toward adoption
The term that is missing in the question is "Adoption and Safe Families Act (ASFA)."
According to the Adoption and Safe Families Act (ASFA), if children are in foster care for 15 out of the previous 22 months, the child protection agency must file a termination of parental rights and move the children toward adoption. This provision was introduced to promote the timely permanency of children who cannot be safely reunified with their birth families. ASFA mandates that child welfare agencies prioritize the child's safety, permanency, and well-being while making decisions about their placement and future. By setting time frames for achieving permanency, ASFA helps ensure that children do not languish in foster care for years without a permanent home.
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why is danforth skeptical of the evidence that proctor and the others present to the court? summarize his arguments. act 3
In Act 3 of Arthur Miller's play "The Crucible," Deputy Governor Danforth is skeptical of the evidence presented by John Proctor and others because he believes that the court has already established the truth through the testimonies of numerous witnesses and confessions of guilt. He also argues that the court cannot allow itself to be undermined by individuals who seek to discredit the legal process or question the authority of the court.
Danforth is particularly skeptical of Proctor's claims because Proctor has previously been found guilty of lechery (adultery), and Danforth questions his motives and credibility. Danforth also dismisses the evidence presented by Mary Warren, who claims that she and the other girls were lying about their accusations of witchcraft. Danforth argues that the court must continue to trust the testimonies of the accusers and the confessions of the accused, even if it means convicting innocent people. He believes that the court's reputation and authority depend on maintaining a strict adherence to the law and punishing those who would seek to undermine it. Overall, Danforth is skeptical of the evidence presented by Proctor and others because he believes that it is a threat to the authority and integrity of the court. He is unwilling to consider the possibility that the court may have made a mistake, and he insists on upholding the legal process regardless of the consequences.
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lack of responsiveness and failure to protect are examples of which of the following types of prison abuse identified by bomse?
Malicious or purposeful abuse
Negligent abuse
Systemic or Budgetary
According to Bomse, lack of responsiveness and failure to protect are examples of negligent abuse in prison. Negligent abuse refers to instances where correctional staff fails to perform their duties properly or neglects their responsibilities, resulting in harm or injury to inmates. In this case, lack of responsiveness and failure to protect may occur due to understaffing, inadequate training, or other factors that prevent staff from fulfilling their duty to ensure the safety and well-being of prisoners. It is important to note that negligent abuse is distinct from malicious or purposeful abuse, which involves intentional harm or mistreatment of prisoners, and systemic or budgetary abuse, which arises from broader institutional failures or policies that perpetuate abuse or neglect.
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How, if at all, should America's 2-party system be reformed?
Some argue that the two-party system has led to polarization and gridlock in government, while others argue that it provides stability and consistency in the political process.
To solve some of the problems with the current two-party system, the following solutions have been suggested:
Voters who prefer ranked-choice voting may rank the candidates they support in that order rather than selecting just one. Political parties are given seats in the government under this system according to the percentage of votes they receive. Open primaries: In certain states, the party primary election is only open to registered party members. Reforming campaign financing: The existing system of campaign finance allows for significant corporate and wealthy individual contributions, which can favour some candidates and parties unfairly. Reforming or abolishing the Electoral College could result in a more democratic and representative government.For such more question on political:
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Reasons why APPs are weaker now
There are several reasons why APPs are weaker now compared to before. One reason is the increasing competition in the market. With more and more APPs being developed every day, the market has become overcrowded, making it harder for new APPs to gain traction and visibility.
This has resulted in a significant decrease in the number of downloads and active users for many APPs. Another reason why APPs are weaker now is the high cost of development and maintenance. As the technology continues to advance, APPs need to be updated and improved continuously to remain relevant and competitive. However, these updates come at a cost, and many APP developers are unable to keep up with the ever-changing landscape due to financial constraints. Lastly, there is an issue of user trust and data privacy. With growing concerns over data breaches and privacy violations, many users are becoming more cautious about downloading and using APPs. This has led to decreased trust in APPs, resulting in a reduction in the number of users. Overall, these factors have contributed to the weakening of APPs in the market. To remain relevant and competitive, APP developers need to focus on creating innovative and trustworthy products that meet the needs of their target audience.
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MacCoun and Reuter also argue that outright legalization "might":
A. substantially increase illicit drug use
B. substantially decrease illicit drug use
C. not substantially increase drug use
D. have an unknown impact on drug use
E. none of the above
What is the advocate role to client?
The advocate's role to a client is to represent and support their interests, providing guidance and assistance in various situations. Advocates help clients navigate legal, social, or other challenges by offering informed advice, negotiating on their behalf, and ensuring their rights are protected.
The advocate role to client involves representing and supporting the client's interests and needs, as well as advocating for their rights and well-being. This can include providing information and resources, helping the client navigate complex systems, and working to ensure that their voice is heard and respected. Advocates may also assist clients in making informed decisions and negotiating with other parties, such as healthcare providers, employers, or government agencies. Overall, the advocate role is focused on empowering clients and helping them achieve their goals and objectives.
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What is a famous case law showing proximate cause as a prime example?
Answer:
Explanation:One of the most famous cases demonstrating the concept of proximate cause in the legal system is Palsgraf v. Long Island Railroad Co., a 1928 case heard by the New York Court of Appeals.
In this case, a woman named Helen Palsgraf was waiting for a train at a Long Island Railroad station when two men attempted to board a moving train. One of the men dropped a package containing fireworks, causing an explosion that knocked over a nearby scale, which fell on top of Palsgraf and injured her. Palsgraf then sued the railroad company for her injuries.
The court ultimately ruled that the railroad company was not liable for Palsgraf's injuries because the actions of the men were not reasonably foreseeable to the railroad company, and therefore not the proximate cause of her injuries. The court's decision helped to establish the principle of proximate cause in tort law, which holds that a defendant can only be held liable for injuries that were the foreseeable result of their actions.
Lydia transfers her rights to a contract to Jamil, a third party. This is known as a(n) _______.
Lydia transferring her rights to a contract to Jamil, a third party, is known as an assignment.
An assignment is a transfer of rights or interests in a contract from one party (the assignor) to a third party (the assignee). In this case, Lydia is the assignor who is transferring her rights to Jamil, the assignee. After the assignment, Jamil would assume Lydia's rights and obligations under the contract.
It's important to note that an assignment does not transfer the entire contract, but only the rights and obligations of the assignor. The original contract and its terms remain unchanged, except that the assignee replaces the assignor in the contract.
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Which rule is used in the following inference?
(D ∨ E) ∨ (F • G)
∼(F • G)
D ∨ E
HS
MP
MT
DS
not enough information to answer
Disjunctive syllogism is used in the following inference (D ∨ E) ∨ (F • G). The correct option is D.
Another form of inference employing a syllogism, the hypothetical syllogism, is closely connected to and comparable to the disjunctive syllogism. One of the three conventional laws of cognition, the law of noncontradiction, is also connected to it.
A formal logical framework used to infer a conclusion from a series of premises is referred to as a syllogism, also known as a rule of inference. Modus ponens is a syllogism, for instance.
Thus, the ideal selection is option D.
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To become more competitive, Democrats adopted to rule changes by...
To become more competitive, Democrats have adopted rule changes in the past to try to improve their chances of winning election.
The following are some of the most notable rule modifications:
Superdelegates: The Democratic Party established superdelegates in 1982, who are uncommitted delegates to the DNC. Open primaries: In some states, regardless of party affiliation, every registered voter is permitted to vote in a party's primary election.Delegate allocation on a proportional basis: Prior to 2010, the Democratic Party's primary elections were conducted using a winner-takes-all system. Super Tuesday: Several states have their primary elections or caucuses on this day. Reforms to the caucus system: In some states, Democrats choose their delegates through a caucus system rather than a primary system.For such more question on election:
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Marco threatens to file a criminal lawsuit against Nadine unless she agrees to the terms of a contract that Nadine knows to be ethically and morally against the company's policy. This is a situation involving _______.
This situation involving Marco threatening Nadine to agree to the terms of a contract against the company's policy can be described as "coercion."
Coercion refers to the use of force, threats, or intimidation to persuade someone to act or behave in a certain way against their will. It can take many forms, including physical violence, verbal abuse, blackmail, or the threat of legal action. Coercion is often used as a tool of control and manipulation and can be employed in various contexts, such as interpersonal relationships, workplaces, and governments. Coercion can have serious negative consequences, including psychological trauma, loss of personal autonomy, and violation of human rights. It is considered unethical and often illegal, and individuals and organizations may face legal consequences for using coercion to gain compliance.
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Carrie and Clayton enter into a contract. Carrie transfers her rights under the contract to Tamir. What is this transfer of rights called?
Answer:
The transfer of rights from Carrie to Tamir is called assignment.
Explanation:
The transfer of rights in a contract from one party to another is called an assignment. In this case, Carrie assigned her rights under the contract to Tamir.
An assignment typically involves the transfer of both the benefits and obligations of the assignor to the assignee. After the assignment, the assignee (Tamir) has the right to receive the benefits of the contract and is responsible for fulfilling any obligations that were assigned to them. However, the original parties to the contract (Clayton and Carrie) may need to consent to the assignment in order for it to be valid. An assignment is a transfer of a party's rights under a contract to another party. This transfer typically involves the transfer of both the benefits and obligations of the assignor to the assignee. Once the assignment is complete, the assignee assumes the assignor's rights and obligations under the contract.
For example, if Party A has a contract with Party B to deliver goods in exchange for payment, Party A can assign its right to receive payment under the contract to Party C. Once the assignment is complete, Party C has the right to receive payment from Party B for the delivery of goods, and Party B is obligated to pay Party C instead of Party A.
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True or False? The difference between a policy and a law is that ignorance of a law is an acceptable defense.
False. Ignorance of the law is generally not an acceptable defense, regardless of whether the legal rule in question is a policy or a law.
Policies are sets of guidelines, rules, or principles established by an organization, government agency, or other entity to govern its actions, operations, or conduct. They may or may not have the force of law, depending on the context and the jurisdiction in which they are established. Ignorance of a policy may not excuse a violation of that policy, but the consequences may be less severe than for a violation of a law.
Laws, on the other hand, are legal rules that are formally enacted and enforced by a government or other legal authority. Ignorance of the law is generally not an acceptable defense for violating a law, and may result in penalties such as fines, imprisonment, or other legal sanctions.
an informal meeting during a pre-trial conference where the judge assigned to the case assists the parties in settlement discussions is referred to as: group of answer choices
The informal meeting during a pre-trial conference where the judge assigned to the case assists the parties in settlement discussions is referred to as a "settlement conference" or "mediation."
The court or an impartial third party will listen to all parties of the issue during a settlement conference and help them come to a mutually accepted resolution.
The goal of a settlement conference is to give the parties more control over the case's result while avoiding the time and expense of a trial.
In most cases, settlement conferences are private meetings, and anything said therein cannot be used against either side later on if the case goes to trial.
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Administrative agencies may obtain informaion from private citizens or from businesses through the Freedom of Information Act.
A. True
B. False
B. False. Administrative agencies may obtain information from private citizens or from businesses through various means, including subpoenas and inspections. The Freedom of Information Act (FOIA) applies to federal agencies and provides access to certain government records upon request, but it does not allow agencies to obtain information from private citizens or businesses.
The Freedom of Information Act (FOIA) allows the public to access information from federal government agencies, not the other way around. Administrative agencies cannot obtain information from private citizens or businesses through the FOIA. Instead, agencies gather information through their regulatory powers, such as investigations, inspections, or requests for specific data. FOIA only applies to the disclosure of government-held information to the public.
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harassment arises when an employee is given to understand that the likelihood that he or she will advance in the company or in his or her career is based upon a favorable response to sex-laden suggestions by superiors.
Answer:Harassment can take many forms, including sexual harassment. Sexual harassment in the workplace occurs when an employee is subjected to unwanted sexual advances, comments, or conduct that is sexual in nature, and that creates an intimidating, hostile, or offensive working environment.
One type of sexual harassment is quid pro quo harassment, which is when a supervisor or someone in a position of power at work demands sexual favors from an employee in exchange for job benefits, such as promotions, raises, or favorable job assignments.
The scenario you described - where an employee is given to understand that their advancement in the company or career is based on a favorable response to sex-laden suggestions by superiors - is a form of quid pro quo harassment. It creates a coercive and exploitative environment that can be harmful and traumatic for the employee.
Employers have a legal and ethical obligation to provide a safe and harassment-free workplace for all employees. If you are experiencing or witnessing sexual harassment in the workplace, it is important to report it to the appropriate person or department. Most employers have a policy in place for reporting harassment, and it is important to follow the proper procedures to ensure that the situation is addressed appropriately.
people who follow gender norms are typically negatively sanctioned, while people who challenge gender norms are typically positively sanctioned. true or false
The statement "people who follow gender norms are typically negatively sanctioned, while people who challenge gender norms are typically positively sanctioned" is false.
In most societies, people who follow gender norms are often positively sanctioned, meaning they are rewarded or approved for their adherence to societal expectations. This can manifest as acceptance, social inclusion, or even promotions in a professional context.
On the other hand, people who challenge or deviate from gender norms may face negative sanctions, which can include disapproval, discrimination, or exclusion from certain social groups or activities. Challenging gender norms can sometimes result in pushback from society, as it may threaten traditional beliefs and values.
Recognizing that societal reactions may vary based on the specific context and culture is essential. There may be instances where challenging gender norms can lead to positive sanctions in more progressive communities. Overall, however, the statement provided is false.
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As a general rule, an ALJ may not consult with a nonwitness concerning an issue of fact without first providing notice and an opportunity for all other parties to participate.
A. True
B. False
Under the UCC, if a court discovers that a contract or lease provision or the contract or lease as a whole is unconscionable, the court can _______.
Under the UCC (Uniform Commercial Code), if a court determines that a contract or lease provision, or the entire contract or lease, is unconscionable, the court has the power to either strike the offending provision(s) or invalidate the entire contract/lease.
This means that if a particular provision in a contract or lease is found to be unfair, oppressive, or excessively one-sided, the court can declare that provision unenforceable. Similarly, if the entire contract or lease is deemed unconscionable, the court can refuse to enforce it altogether. This remedy is available to protect parties from exploitation or from being taken advantage of in a business transaction. In order for a contract or lease provision to be considered unconscionable, it must be both procedurally and substantively unconscionable. Procedural unconscionability refers to unfairness in the formation of the contract or lease, such as one party not having an opportunity to read or understand the terms. Substantive unconscionability refers to terms that are overly harsh or oppressive. Ultimately, the court's goal is to promote fairness and equity in business transactions, and the power to invalidate unconscionable contracts or lease provisions helps to achieve this goal.
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Clinical Trial Agreement (CTA)
A Clinical Trial Agreement (CTA) is a legally binding document that outlines the terms and conditions of a clinical trial between the sponsor and the participating institution or site. The CTA typically covers aspects such as the scope of the trial, responsibilities of each party, confidentiality and publication of results, indemnification, and financial arrangements.
A Clinical Trial Agreement (CTA) is a legally binding contract between parties involved in a clinical trial, such as the sponsor, the investigator, and the study site. It outlines the responsibilities, rights, and obligations of each party, ensuring that the clinical trial is conducted ethically and in compliance with regulations. The agreement ensures that all parties involved understand their roles and responsibilities in the trial and comply with all applicable regulations and guidelines. A CTA also addresses issues such as confidentiality, data ownership, publication rights, and compensation. It is crucial for all parties to agree upon and adhere to the terms outlined in the CTA to maintain the integrity of the clinical trial and protect the rights of participants.
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Peter, a minor, purchased a car from ACME Motors. Using a fake ID, he misrepresented his age to be 18. The contract is fully executed. Which of the following is correct? a. Peter cannot disaffirm the contract because a car is a necessary. b. Peter cannot disaffirm the contract because of his misrepresentation of h.is age. c. Peter can disaffirm the contract. d. Either b or c may be applicable depending on the law of the jurisdiction in which the contract was formed.
Therefore, option (c) is correct. Peter can disaffirm the contract .As a minor, Peter has the right to disaffirm (or void) the contract he entered into with ACME Motors. This means he can choose to end the contract and return the car, and the law will treat the contract as if it never existed.
The fact that Peter used a fake ID to misrepresent his age does not necessarily prevent him from disaffirming the contract. While misrepresentation can be a basis for voiding a contract, in this case, Peter's misrepresentation was related to his age, which is a status rather than a statement of fact. Additionally, the misrepresentation was not material to the contract, as ACME Motors would still have sold Peter the car even if he had not misrepresented his age. Furthermore, the fact that the car is a necessary item does not affect Peter's right to disaffirm the contract. Necessaries are items that are required for a minor's reasonable needs, such as food, clothing, and shelter. Cars are generally not considered to be necessaries, even if they are used for transportation to school or work.
Therefore, option (c) is correct.
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when creditors who relied on an entity's audited fs suffer monetary losses after a customer goes bankrupt, what must the plaintiff creditors in a lawsuit for damages show in a court that follows the doctrine in credit alliance
In a lawsuit for damages following the doctrine in Credit Alliance, the plaintiff creditors would need to show that the auditors had a duty of care to the plaintiff creditors and that the auditors breached that duty of care, resulting in damages to the plaintiff creditors.
The Credit Alliance doctrine is a legal principle that allows third-party creditors who rely on audited financial statements to bring a negligence claim against the auditors for failing to exercise due care in conducting the audit. In order to prevail in such a lawsuit, the plaintiff creditors would need to show that the auditors had a duty to exercise reasonable care in conducting the audit, that the auditors breached that duty by failing to detect material misstatements in the financial statements, and that the breach of duty caused the plaintiff creditors to suffer damages. The plaintiff creditors would also need to show that they were foreseeable users of the audited financial statements and that they justifiably relied on the financial statements in making credit decisions. In other words, the plaintiff creditors must demonstrate that they were intended beneficiaries of the audited financial statements and that they reasonably relied on those statements to their detriment. It is important to note that the specifics of each case may vary, and the requirements for proving negligence and causation may differ depending on the jurisdiction and the specific facts of the case.
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porhibiting same-sex marriage and the associated government guaranteed spousal rights and benefits: ruled unconstitutional in obergefell v. hodges (2015) prohibiting same-sex marriage and the associated government guaranteed spousal rights and benefits: newly protected from discrimination by a 2020 supreme court ruling; previously illegal in 23 states and washington d.c. prohibiting openly lgtbq from serving in the military: ruled unconstitutional in obergefell v. hodges (2015) landlords; house sellers; and private lenders discriminate against lgbtq persons in access to housing and mortgages: outlawed in many states and municipalities by statute. now illegal nationally under federal law due to 2020 supreme court decision in bostock v. clayton county 590 u.s. (2020) public and private employers deny employment based on sexual orientation or gender identity: ended via an executive order issued by president barack obama in 2011
It is a series of statements about legal developments related to LGBTQ+ rights in the United States.
The statements highlight the following legal developments:
The prohibition of same-sex marriage and associated spousal rights was ruled unconstitutional in Obergefell v. Hodges (2015).
Discrimination based on sexual orientation and gender identity in employment was ended via an executive order issued by President Barack Obama in 2011.
Prohibitions on openly LGBTQ+ individuals serving in the military were ruled unconstitutional in Obergefell v. Hodges (2015).
Discrimination against LGBTQ+ persons in access to housing and mortgages has been outlawed in many states and municipalities by statute and is now illegal nationally under federal law due to the 2020 Supreme Court decision in Bostock v. Clayton County (590 U.S. (2020)).
These legal developments have contributed to greater protections for LGBTQ+ individuals in the United States.
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Which of the following might make you suspect that an ID is fake?
What element of negligence is whether the damage to the plaintiff was foreseeable, should the damage have been reasonably expected?
The element of negligence that concerns whether the damage to the plaintiff was foreseeable is called "foreseeability."
Foreseeability is a key element of a negligence claim, which requires the plaintiff to show that the defendant could have reasonably foreseen that their actions or inactions would cause harm or injury to the plaintiff. Foreseeability involves assessing the level of risk that the defendant's conduct posed to the plaintiff, and whether that risk was sufficiently high that a reasonable person in the defendant's position would have foreseen the possibility of harm or injury to the plaintiff.
If the plaintiff can establish that the harm or injury they suffered was reasonably foreseeable, and that the defendant failed to take reasonable steps to prevent or minimize that harm, then the element of foreseeability is satisfied. However, if the harm or injury suffered by the plaintiff was not foreseeable or was caused by an intervening event or action, then the plaintiff may have difficulty establishing the element of foreseeability.
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