Answer:
the answer is true
Explanation:
because the force is greater than that which is needed to compel compliance
Maurice Lamont Davis and Andre Levon Glover "committed a string of gas station robberies in Texas." The federal government charged both of them "with multiple counts of robbery affecting interstate commerce in violation of the Hobbs Act" under 18 U.S.C. §1951(a). They were also charged with "one count of conspiracy to commit Hobbs Act robbery." The jury found the defendants guilty on most of the counts. The federal government also charged the men under §924(c). Section 924(c)(1)(A) states:
. . . [A]ny person who, during and in relation to any crime of violence or drug trafficking crime . . . for which the person may be prosecuted in a court of the United States, uses or carries a firearm, or who, in furtherance of any such crime, possesses a firearm, shall, in addition to the punishment provided for such crime of violence or drug trafficking crime—(i) be sentenced to a term of imprisonment of not less than 5 years; (ii) if the firearm is brandished, be sentenced to a term of imprisonment of not less than 7 years; and (iii) if the firearm is discharged, be sentenced to a term of imprisonment of not less than 10 years.
. . . [A]ny person who, during and in relation to any crime of violence or drug trafficking crime . . . for which the person may be prosecuted in a court of the United States, uses or carries a firearm, or who, in furtherance of any such crime, possesses a firearm, shall, in addition to the punishment provided for such crime of violence or drug trafficking crime—(i) be sentenced to a term of imprisonment of not less than 5 years; (ii) if the firearm is brandished, be sentenced to a term of imprisonment of not less than 7 years; and (iii) if the firearm is discharged, be sentenced to a term of imprisonment of not less than 10 years.
Under the section certain weapons also trigger increased penalties. "[T]he government argued that Mr. Davis and Mr. Glover had each committed two separate §924(c) violations by brandishing a short-barreled shotgun in connection with their crimes." The jury agreed with the argument on the additional violations. "Adding the §924(c) mandatory minimums to its discretionary sentences for their other crimes, the district court ultimately sentenced Mr. Glover to more than 41 years in prison and Mr. Davis to more than 50 years."
Assume that Glover and Davis file an appeal in your court.
1. In the U.S. legal system, courts can declare statutes unconstitutional if the statute is vague. Is §924(c)(3) unconstitutionally vague? How would you decide this case? Explain your answer.
2. What problems does it cause when statutes are too vague? Explain your answer.
3. If it is unconstitutionally vague, which branch of government is responsible for correcting it? Explain your answer.
[See United States v. Davis, 139 S. Ct. 2319 (2019).]
1. In the United States legal system, courts can declare statutes unconstitutional if the statute is vague. §924(c)(3) is unconstitutionally vague.
I would decide this case in favor of Glover and Davis.The lower court erred in finding §924(c)(3) to be unconstitutionally vague. However, after careful consideration, the Supreme Court found that §924(c)(3) was unconstitutionally vague because it failed to provide a fair warning of what conduct would be considered a violation of the statute.2. When statutes are too vague, they cause problems in the legal system. One of the problems is that vague statutes are susceptible to arbitrary enforcement, which can result in inconsistent and unpredictable applications. Additionally, vague statutes may not provide adequate notice to individuals about what conduct is prohibited, which can lead to confusion and unjust prosecution.3. If it is unconstitutionally vague, the judicial branch of government is responsible for correcting it. The Supreme Court has the authority to interpret and strike down statutes that it finds to be unconstitutional. The Supreme Court's decision in United States v. Davis, 139 S. Ct. 2319 (2019), is an example of the Court exercising its power to declare a statute unconstitutionally vague and correct the issue.
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Private law pertains to personal rights, such as the right
to protect one’s own property and interests.
Select one:
True
False
The statement "Private law pertains to personal rights, such as the right to protect one’s own property and interests." is true as private laws are for individual liberty.
Private law also referred to as civil law is a subset of the law that addresses the rights and connections between people or entities. It includes individual rights, such as the right to safeguard one's own assets and interests. Numerous facets of daily life are governed by private law including contracts, property ownership, torts, family law and business dealings.
It focuses on resolving conflicts between private parties and offering remedies for any wrongdoing or rights violations. Public law which deals with issues pertaining to the government and the relationship between the state and its citizens is distinct from private law.
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In Hamdan v. Rumsfeld , the U.S. Supreme Court held that detainees in Guantanamo:____.
a. deserved some due process and that the military commissions created at the time were not sufficient.
b. did not deserve some due process and that the military commissions created at the time were sufficient.
c. did not deserve some due process and the military commissions created at the time were not sufficient.
d. deserved some due process and that the military commissions created at the time were sufficient.
Answer:
c
Explanation:
briefly discuss the language requirements in our criminal statutes and the legal effect of vague or indefinite statutes.
Language requirements in criminal statutes serve the purpose of providing clear and specific guidelines for individuals to understand what behavior is prohibited and what constitutes a crime.
Vague or ambiguous laws can have a number of legal repercussions. First, people might not be aware of what behaviors are prohibited which can violate their right to due process. Legislation that is too ambiguous may be arbitrarily enforced and applied inequitably. Courts may declare such laws unconstitutional if they are too general or too vague and they may interpret them liberally in the defendant's favor.
Criminal statutes must be drafted with accuracy and clarity to ensure fairness and adherence to the rule of law. They must also provide clear guidelines for people to understand and follow the law.
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Long-term capital gains (depending on the type) for individual taxpayers can be taxed at a maximum rate of:
A) 20%
B) 25%
C) 28%
D) both 20% and 28%
E) all of these choices are correct
Long-term capital gains (depending on the type) for individual taxpayers can be taxed at a maximum rate of 20%. The correct option is A.
When an asset is sold or otherwise disposed of after being held for more than a year, it is said to have generated long term capital gains. Stocks, bonds, real estate and other investments are examples of these assets.
Long term capital gains may be taxed differently depending on the asset's type and the taxpayer's income. The maximum tax rate for long-term capital gains for the majority of individual taxpayers in the United States, as of the deadline in September 2021, was 20%. However, a maximum effective tax rate of 23.8% may apply to some high income taxpayers who are additionally subject to a 3.8% Net Investment Income Tax (NIIT). The correct option is A.
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Keith owed Art some money, and Art was tired of waiting for Keith to pay him back. Art saw Keith walking down the street and decided to approach him with his aggressive Rottweiler Rox. Art let Rox lunge at Keith, and then asked him, "Are you ready to pay me back the money that you owe me now?" What if Rox the Rottweiler actually bites Keith? Rox recently bit another neighbor and is known for her vicious ways. Art would be liable to Keith for _____. battery negligence assault strict liability
Answer:
assault
Explanation:
Answer:
imma say assault
Explanation:
plz tell me if im right.
Question 9 (1 point)
Which of the following is not a power of the judicial branch?
to resolve disputes
to make laws
to decide if a law is unconstitutional
d
to review laws
Answer:
to make laws
Explanation:
The legislative branch makes laws.
According to Section 33 of the Texas Bill of Rights (Article 1 of the Texas Constitution), Texans are guaranteed the right to use and access public beaches. This is not a right that is protected under the U.S. Constitution. Which concept allows Texas to grant its citizens more rights than those listed in the U.S. Constitution?
the Thirteenth, Fourteenth, and Fifteenth Amendments
Equal Rights Amendment
independent state grounds
According to Section 33 of the Texas Bill of Rights (Article 1 of the Texas Constitution), Texans are guaranteed the right to use and access public beaches.
This is not a right that is protected under the U.S. Constitution. Independent state grounds allow Texas to grant its citizens more rights than those listed in the U.S. Constitution. This concept is the right answer.A state cannot take away rights that are protected under the U.S. Constitution. However, the U.S. Constitution allows the states to grant their citizens more rights than those listed in the federal Constitution. Independent state grounds concept allows states to provide additional rights to their citizens than the ones protected under the U.S. Constitution. This idea permits state courts to interpret their state constitutions and statutes to expand protections beyond those granted by the federal Constitution.
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if janae notices that each apple she eats through the day yields a smaller amount of additional satisfaction, she is noticing the law of:
if janae notices that each apple she eats through the day yields a smaller amount of additional satisfaction, she is noticing the law of diminishing marginal utility.
According to the law of diminishing marginal utility, the additional satisfaction or utility gained from each additional unit of a specific good or service decreases as a person consumes more of it. To put it another way, the enjoyment or satisfaction experienced after consuming the first few units of a good is greater than that experienced after consuming additional units.
People typically take care of their most pressing needs first and as those needs are met, the level of incremental satisfaction decreases. A fundamental idea in economics, the law of diminishing marginal utility helps to explain how consumers behave, how prices are set and how resources are allocated in various economic models and theories.
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Emile Durkheim believed that when people left their traditional farms and moved into the cities to work in factories, their behavior became:
A.
normal.
B.
normless.
C.
deviant.
D.
more conforming.
Emile Durkheim felt that as people left their customary fields to work in industries and relocated to cities, their conduct became normless. Thus, option (B) is correct.
What is the meaning of behavior?Behavior refers to the action or the response made by the person in the particular situation. Every persons' behavior varies as it is influenced by the family background, society, cultures, traditions etc. The behavior tells about the nature or the character of the person.
The term normless can be defined as the thing that lacks the rules, regulation or the norm. According to the above situation, Emile Durkheim felt that as people left their customary fields to work in industries and relocated to cities, their conduct became normless.
Therefore, it can be concluded that option (B) is correct.
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Once the judge nodded______ , a wave of relief swept the courtroom. a.affirmative b. affirmation c. affirmative d. affirmatively
Once the judge nodded affirmatively, a wave of relief swept the courtroom. The correct option is d.
Nodding in agreement or approval is indicated by the phrase "nodded affirmatively" by the judge. It implies that the judge's nodding motion expressed approval or affirmation of a particular issue or request in the courtroom.
This might be connected to a choice, remark or demand made by one of the parties taking part in the proceedings. The judge may nod in agreement with a particular contention, decision, or course of action giving those in the courtroom assurance and a sense of relief. The correct option is d.
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Domestic violence and its association with pre-term or low birthweight delivery in Vietnam. International Journal of Women Health 2019:11 501–510"
"What study design does this study employ and identify from the paper methods sections key characteristics that support the design you just noted using bullet points".
The study titled "Domestic violence and its association with pre-term or low birthweight delivery in Vietnam" employs a cross-sectional study design.
The study described in the International Journal of Women's Health in 2019 utilizes a cross-sectional study design. This design involves collecting data at a specific point in time, without any manipulation of variables or follow-up over time. The study aims to examine the association between domestic violence and pre-term or low birthweight delivery in Vietnam.
Sample selection: The study selects a sample of participants from a specific population at a particular time, rather than following them over a period.
Data collection: Data on domestic violence and pregnancy outcomes are collected simultaneously, capturing information about exposure (domestic violence) and outcome (pre-term or low birthweight delivery) at the same time point.
Data analysis: The study employs statistical analysis to assess the association between domestic violence and pre-term or low birthweight delivery based on the collected data, without considering changes or temporal sequencing.
By utilizing a cross-sectional design, the study provides valuable insights into the relationship between domestic violence and adverse pregnancy outcomes in Vietnam at a specific time point. However, it does not establish causality or determine the direction of the association.
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The legalization of drugs is neither unwise nor immoral. It is not unwise because by legalizing drugs we would eliminate the illegal drug trade. Hence, by legalizing drugs, we would rid our nation of all the violence that goes along with the illegal drug trade. Furthermore, the legalization of drugs is not immoral because it can be combined with a massive program of moral education. The conclusion in a standard argument form is often presented as __________
Answer:
Inductive
Explanation:
1.What conclusion can you draw about why excessive use of force can happen sometimes in the fields of policing and corrections?
Don't send me links!
Answer:
Answer Below:
Explanation:
With everything happening I am going to answer carefully; The use of excessive force may be the surroundings of the cop(A place where the cop could easily be hurt), the way the person being arrested acts, and if it happens the cop being corrupt.
networks
Guided Reading Activity
Economic Systems
Lesson 1 Scarcity and the Science of Economics
Review Questions
Answer:
Explanation:
networks
Guided Reading Activity
Economic Systems
Lesson 1 Scarcity and the Science of Economics
Review Questions
Keisha committed a crime in New York, but the punishment for the crime is harsher in Georgia, so the prosecutor organizes her case to be transferred to Georgia
Answer:
Keisha has the right to be tried in New York under the Sixth Amendment: “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed[.]”
Explanation:
Keisha committed a crime in New York, but the punishment for the crime is harsher in Georgia, so the prosecutor organizes her case to be transferred to Georgia because the sixth Amendment protects a criminal defendant the right to be represented by an attorney during trial.
What is crime?The term crime refers to the illegal activity. The crime is not allow to the country, if any person is commit the crime are go the jail. The legal punishable by the state in case of crime. The punishment is set according to the different crime. For example a person is harm another person property.
Keisha has the rights to be tried in New York underneath the Sixth Amendment, which states that "in all criminal proceedings, the accused shall have the right to a prompt and public trial, by an unbiased jury appointed by the state and jurisdiction wherein the crime may have been committed."
As a result, the conclusion of the sixth Amendment protects a criminal defendant the right to be represented by an attorney during trial are the aforementioned.
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describe how fire-fighting techniques use the concept of limiting reactants to extinguish fires
Fire-fighting techniques utilize the concept of limiting reactants to extinguish fires effectively.
In fire-fighting, a limiting reactant refers to the substance or agent used in the firefighting process that controls the rate and effectiveness of the chemical reaction that combats the fire. Water is commonly used as a limiting reactant due to its ability to absorb heat and lower the temperature of the fire. By applying an adequate amount of water to a fire, it helps limit the availability of oxygen, which is necessary for the combustion process. This reduction in oxygen concentration helps to control and eventually extinguish the fire. The concept of limiting reactants is further applied when using foam-based agents. These substances create a barrier or coating over the fuel source, limiting the contact between the fuel and oxygen.
Overall, by understanding and applying the concept of limiting reactants, fire-fighting techniques aim to disrupt the fire triangle (fuel, heat, and oxygen) and reduce the availability of key elements required for the fire to continue burning, ultimately extinguishing the fire.
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In cities and towns which do not have have a mandatory re-cycling laws, why are aluminum cans more likely to be recycled than glass bottles?
In cities and towns without mandatory recycling laws, aluminum cans are more likely to be recycled than glass bottles due to their higher economic value, convenience, environmental benefits and market demand.
Because aluminum has a higher scrap value, recycling businesses find it to be profitable. Additionally lightweight and stackable, aluminum cans are simpler to handle and store. Recycling aluminum also benefits the environment because it uses less energy and emits fewer emissions than manufacturing new cans.
An additional incentive for people and businesses to recycle cans is the high market demand for recycled aluminum. In areas without mandatory recycling laws, aluminum cans are more likely to be recycled than glass bottles due to a combination of these factors.
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Damian and Hunter are college roommates from very different walks of life. Damian was raised in a poverty-stricken city by a single mom. Hunter is the son of a small-town doctor and his socialite wife. Regardless, they get along well. Over time, they become known around campus as a good source for illegal drugs. For several years, Damian and Hunter run their business successfully. When the police finally catch up with them, they are both arrested. Following the theory of radical criminology, what is MOST likely going to happen to the two men?
A.
Damian will get an easier sentence because he did not have the advantages that Hunter did.
B.
Hunter will get a harder sentence because he had more privileges growing up.
C.
Both men will get equal sentences under the law.
D.
Damian will get a harder sentence because of his background.
Answer: D. Damian will get a harder sentence because of his background
Explanation:
Radical criminology bases its opinion on the fact that the state uses its power to make laws that will be beneficial to the ruling class while the working class are left out. It simply means that the laws made benefits the rich at the expense of the poor in the society.
Therefore, since Damian was raised in a poverty-stricken city by a single mom while Hunter is the son of a small-town doctor and his socialite wife, Damian will get a harder sentence because of his background.
t/f until the 1990s, identifying the blood type of a sample was the best that forensic scientists could do in terms of linking a blood sample to a particular person.
The defendant's vehicle matched the description of a vehicle seen in the vicinity of a
burglary before the burglary, during the burglary, and after the burglary. The
defendant claimed that the evidence was insufficient to prove he was an accomplice
to the burglary. Does this case illustrate the legal concept of accomplice act,
accomplice intent, or both?
Answer:
Often more than one criminal defendant participates in the commission of a crime. Defendants working together with a common criminal purpose are acting with complicity and are responsible for the same crimes, to the same degree.
Explanation:At early common law, there were four parties to a crime. A principal in the first degree actually committed the crime. A principal in the second degree was present at the crime scene and assisted in the crime’s commission. An accessory before the fact was not present at the crime scene but helped prepare for the crime’s commission. An accessory after the fact helped a party after he or she committed a crime by providing aid in escaping or avoiding arrest and prosecution or conviction. In modern times, there are only two parties to a crime: a principal, who is in the same category with his or her accomplice(s), and accessory(ies). Principals actually commit the crime, and they and their accomplices are criminally responsible for it. Accessories play the same role as accessories after the fact at common law.
The criminal act element required to be an accomplice in most jurisdictions is assistance in the commission of a crime. Words are enough to constitute the accomplice criminal act. Mere presence at the scene, even presence at the scene combined with flight after the crime’s commission, is not enough to constitute the accomplice criminal act unless there is a legal duty to act.
The criminal intent element required for accomplice liability in many jurisdictions is specific intent or purposely to commit the crime at issue. In some states, general intent or knowingly that the principal will commit the crime creates an inference of intent if the offense is serious. In a minority of jurisdictions, general intent or knowingly that the principal will commit the crime is sufficient.
The natural and probable consequences doctrine holds accomplices criminally responsible for all crimes the principal commits that are reasonably foreseeable. In many jurisdictions an accomplice can be prosecuted for a crime the principal commits even if the principal is not prosecuted or acquitted.
Vicarious liability transfers criminal responsibility from one party to another because of a special relationship. Vicarious liability is common between employers and employees and is the basis for corporate criminal liability. Pursuant to modern corporate criminal liability, a corporation can be fined for a crime(s) a corporate agent or employee commits during the scope of employment. The corporate agent or employee also is criminally responsible for his or her conduct. In general, the law disfavors individual criminal vicarious liability. The law in this area is evolving as the incidence of juveniles committing crimes increases.
In modern times, an accessory is the equivalent of an accessory after the fact at common law. The criminal act element required for an accessory is providing assistance to a principal in escape, avoiding detection, or arrest and prosecution, or conviction for the commission of a felony, high-level misdemeanor, or any crime, depending on the jurisdiction. Words are enough to constitute the accessory criminal act. Several jurisdictions exempt family members from criminal responsibility for acting as an accessory.
The criminal intent element required for an accessory in most jurisdictions is general intent or knowingly that the principal committed a crime, and specific intent or purposely that the principal escape, avoid detection, or arrest and prosecution, or conviction for the offense. Accessory is a separate crime that is usually graded as a misdemeanor, although some jurisdictions grade accessory as a felony.
This case illustrates the legal concept of an accomplice act, as the defendant's vehicle matching the burglary description indicates participation in the crime.
The defendant's vehicle matching the description of a vehicle seen before, during, and after the burglary serves as evidence linking the defendant to the crime.
The consistent presence of the defendant's vehicle at different stages of the burglary raises reasonable suspicion of their direct involvement.
The focus in this case is on the defendant's actions, specifically having a vehicle that matches the description related to the crime, rather than their intent.
Accomplice act does not require proving the defendant's intent or knowledge of the specific crime being committed.
Thus, it focuses on their direct participation or contribution to the criminal activity, as demonstrated by the matching vehicle in this instance.
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When the opposing party is to bring documents to a deposition she or he should be served with a: ________
When the opposing party is to bring documents to a deposition, he or she should be served with a subpoena duces tecum.
A subpoena duces tecum is a legal order requiring the recipient to appear and bring certain specified documents or pieces of evidence to a court hearing or deposition. In other words, it is a type of subpoena that requires the recipient to provide certain documents, materials, or objects in their possession or control at a deposition.A subpoena duces tecum is a useful legal tool to obtain evidence for use in legal proceedings. If a party refuses to comply with a subpoena duces tecum, he or she may face legal sanctions such as fines or contempt of court charges.
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what other countries might be likely candidates for adopting federal systems in the future? why do you think these countries are particularly good candidates?
Myanmar, Ethiopia, Nigeria, Sri Lanka, and Iraq are potential candidates for adopting federal systems in the future.
The populations of these nations are diverse, and there are ethnic tensions, regional inequalities, and historical conflicts. By establishing mechanisms for power-sharing, regional autonomy and group representation, a federal system may be able to address these issues.
Federalism enables the decentralization of power, encouraging local decision making and meeting the unique requirements of various geographical areas.
Federal systems can assist in managing conflicts, fostering stability, and guaranteeing inclusivity in diverse societies by granting greater autonomy and self governance. Taking into account these elements, these nations are thought to be excellent candidates for implementing federal systems as a way to address their particular problems and support efficient governance.
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Question 5 (1 point)
How many Supreme Court justices are there currently?
Оа.
Ob
nine (9)
eleven (11)
thirteen (13)
seven (7)
Od
Answer:
if i am not wrong there are 9 supreme court justices.
Which of the following organizational forms allows members to continue the business of the dissolved organization, rather than cease operations, in the event of a death or withdrawal of a member?
A) S corporation B) Limited liability company
C) Sole proprietorship
D) Partnership
E) Corporation
The correct answer is D. In a partnership if a member (partner) dies or withdraws from the organization, the partnership can continue its operations.
Partnership is a legal relationship formed between two or more individuals or entities with the aim of carrying out a business or professional activity together. It is a type of business structure where the partners share ownership, responsibilities, profits, and liabilities according to the terms agreed upon in a partnership agreement.
In a partnership, the partners combine their resources, skills, and expertise to achieve common goals. Each partner contributes capital, labor, or other assets to the partnership, and in return, they share in the profits or losses generated by the business. The partners have mutual decision-making authority and are collectively responsible for the success or failure of the partnership.
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Can someone please answer this
Answer:
B) by lending money at interest
Explanation:
why had the twelfth district been created by the state legislature?
State legislatures create districts for various reasons, typically related to political representation. One primary purpose is to ensure fair and equitable representation of the population within a state.
Legislatures are governing bodies responsible for creating, amending, and repealing laws within a specific jurisdiction. They serve as the cornerstone of representative democracy, where elected representatives make decisions on behalf of the citizens they represent. Legislatures exist at various levels, including national, state, provincial, and local levels.
The primary function of legislatures is to debate, deliberate, and enact laws that govern society. Members of the legislature, often called lawmakers or legislators, propose bills, discuss their merits, and vote on their passage. These laws cover a wide range of issues, including governance, public policies, finance, social matters, and more. Legislatures also play a crucial role in overseeing the executive branch of government, ensuring accountability and transparency.
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Why did rogue states become more prominent following the Soviet Union's collapse?
a. The Soviet Union's collapse led to power vacuums in certain regions.
b. Rogue states sought to assert their dominance in the post-Soviet era.
c. The fall of the Soviet Union weakened global security measures.
d. Rogue states were emboldened by the absence of a major superpower.
Rogue states became more prominent following the Soviet Union's collapse because the Soviet Union's collapse led to power vacuums in certain regions. Thus, option (a) is correct.
Since the Soviet Union's dissolution in 1991, its former client states have been far less isolated internationally. Rogue states' primary source of assistance had been cut off, leaving countries like North Korea, Iran, and Iraq to fend for themselves.
The collapse of the Soviet Union also compromised international security protocols, which gave rogue regimes additional leeway. In the post-Soviet era, rogue states felt empowered to establish their domination because there was no big superpower.
Therefore, option (a) is correct.
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outline the four major sources that may provide probable cause.
The four major sources that may provide probable cause are as observation, information, evidence and expertise.
Probable cause can be derived from firsthand observations made by law enforcement officers. This includes what they see, hear, or otherwise perceive through their senses. Information received from reliable sources, such as informants or tipsters, can contribute to establishing probable cause. This may include tips about criminal activities, specific individuals involved, or locations where illegal actions are taking place. Physical evidence that is found or collected during an investigation can provide probable cause. Law enforcement officers with specialized knowledge or expertise in a particular area can use their training and experience to establish probable cause.
It's important to note that these sources must be evaluated within the context of the Fourth Amendment to the United States Constitution, which protects individuals from unreasonable searches and seizures.
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"All Catholics need to do to live a good life is to follow the
example of Jesus"
Discuss this statement showing that you have considered more than one point of view. (You must
refer to religion and belief in your answers.) [15]
Please answer
Thank youu :)
Answer:
yes all Catholics must live a good life to follow the example of jesus in order to include a really good life if not would they go to ^HELL^