What is the purpose of precedent?

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Answer 1

The goal of precedent is to provide a foundation for deciding subsequent cases with comparable facts or circumstances.

What is an example precedent?

Setting a precedent: Although if illegal substances were used in a religious event, a state may refuse to provide unemployment benefits to a worker who was fired for taking them. Two Native American workers in Oregon were dismissed for taking cactus after failing a drug test, which is how the 1990 Supreme Court case got its start.

Why is precedent used?

When a case's circumstances and legal requirements match those of a current legal dispute, precedents are applied. Unless a party can demonstrate that it was incorrectly resolved or that it differed in a material way, precedent will typically govern the outcome of a later similar case.

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Related Questions

to establish the of a crime, the state must show that a criminal law was violated and that someone violated it.

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In other words, to establish the corpus delicti of a crime, the kingdom has to display that a crook law has been violated and that anybody violated it.

Causation in Fact = An genuine link between an actor's habits and a result.

What is corpus delicti?

Corpus delicti is a common regulation Latin phrase that translates to “body of the crime.” The phrase typically refers to the precept that no one ought to be convicted of a crime besides sufficient proof that the crime in reality occurred.

For example, a individual cannot be convicted of Shoplifting unless the prosecutor can exhibit the property was stolen.

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What is soft power ?

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In politics, soft power is defined as the ability to co-opt rather than coerce. In other words, soft power is the ability to influence others' preferences by appeal and attraction.

Who coined the term "soft power"?

Joseph Nye created the phrase "soft power" in the late 1980s. Nye defines power as the ability to influence the behavior of others in order to obtain the desired consequences. You can intimidate them, tempt them with payments, or seduce and co-opt them to want what you want. Soft power, or persuading others to want what you want, co-opts individuals rather than coerces them.

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in recent years, there have been several instances of russian spies inside the u.s., where they hid as american citizens and tried to obtain intelligence by connecting with people inside different vital areas of society

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According to FBI agents, the spies were instructed in Russia to blend into American society by getting married, gaining jobs, and raising families while still transmitting coded communications back home.

What does the term "agent" mean?

a someone who acts on behalf of or promotes another: a travel agent. agent noun [C] (REPRESENTATIVE). Some of the top paid baseball players are represented by him. A government agent is somebody who performs covert work for the government or another organisation.

What does a person's agent do?

A person who is given the power to act in an another person's place is called an agent. The principle is the entity on whose behalf an agent has been delegated. A principal-agent relationship may be freely established.

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What power does only the House of Representatives have?

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There are some exclusive powers reserved for the House, including the power to introduce taxation legislation, impeach federal officials, and elect the President in the event of a tie in the Electoral College.

What are the House of Representatives?

In adherence to the Constitution, the U.S. House of Representatives drafts and approves legislation. The House is the smaller of the two houses of Congress and a part of the legislative branch of something like the American government.  The proposal is initially sponsored by a lawmaker. After that, a committee receives the bill for evaluation. When the board releases the plan, it will be put to a vote, discussed, and maybe altered.

How are House representatives chosen?

Only qualified voters who live in the community that a congressman or congresswoman will serve may elect that person. The 50% rule is used to choose election victors. The candidate with the most votes is selected as the winner.

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What was happening in the US during 1932?

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13 million Americans do not have jobs. a group of 43,000 marchers On May 29, 17,000 World War I veterans set up camp in Washington, DC, and demanded early monetary bonuses to assist them.

Why did 1932 hold special significance?

But in 1932, when the nation was in the throes of the Great Depression and there were almost 15 million unemployed people, Democrat Franklin The election was easily won by D. Roosevelt.

In 1932, what happened to the economy?

The Dow Jones Industrial Average reached its lowest point during the Great Depression on this day in 1932, closing at 41.22. The Dow has decreased by over 90% since 1929 when it reached its peak. Following the 1929 crash, there was a significant stock market downturn that had an impact beyond Wall Street.

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examine lines 101-104 and then explain what hamlet means here and why these lines are appropriate for hamlet's consideration of a skull that he imagines may be that of a lawyer.

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"Who's there?" is the play's first line. (Hamlet 1. 1. 1) is not only a query spoken by a blind guard; rather, it foreshadows a significant portion of the play in which the characters are repeatedly asked, "Who is this person truly, who is actually there?"

"To Be, or Not to Be, That Is the Question" in its entirety Act 3, Scene 1 of William Shakespeare's play Hamlet, in which the title Prince Hamlet speaks the famous "To be or not to be" soliloquy, was composed about 1601. It contains 35 lines. In his brief final address, Hamlet sets plans for the future of Denmark, whose dying monarch he is. He then abruptly ends. Which have requested - The rest is quiet is his last phrase in the piece. "To be or not to be" in modern use The whims of irrational luck, or to take up arms against a sea of problems and put a stop to them via opposition.

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What should be the relationship between two classes so that inheritance relationship exists between them?

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An inheritance relationship is the relationship that exists between a general class and its specializations.

What is an inheritance?Inheritance refers to the process by which one class inherits the attributes and methods of another class. The Parent class is the one from which the inherited properties and methods are derived. The properties of the parent class are passed down to the child class. An inheritance relationship is a key feature that distinguishes object-oriented languages from traditional languages. An inheritance relationship, from the domain's perspective, organizes classes into hierarchical structures. This enables us to model a term hierarchy using generalizations and specializations.An inheritance relationship is a key feature that distinguishes object-oriented languages from traditional languages. An inheritance relationship, from the domain's perspective, organizes classes into hierarchical structures. This enables us to model a term hierarchy using generalizations and specializations.

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How do you choose the most candidate?

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The second strategy is to speak about your unique abilities. Mention any traits that make you stand out from the crowd, specifically if they are unusual.

Who are the candidates?

A candidate, or nominee, is a person who is competing for an honor, prize, or position, such as being nominated to an office, and for whom a selection process is being conducted. being allowed entry into a group.

What happens if a write-in candidate wins?

Start writing candidates may still run in the primary for positions that receive public nomination. However, a write-in candidate can only make it to the election should they garner more support in the primary than the following two candidates combined.

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What is the purpose of precedent?

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A case that has been determined and serves as a guide for deciding subsequent cases with like facts or concerns. The Court may also rely on the opinions of judges and academics who have studied these cases.

Which legal precedents exist?

Precedents are used when the circumstances and legal requirements of a case are similar to those of a contemporary legal dispute. The ruling in a subsequent case that is identical to this one will normally be influenced by the precedent unless a party can show that it was wrongly decided or that it differed fundamentally from the precedent.

What function does the precedent serve?

Precedent is a legal term that refers to a court decision that serves as a precedent for cases with similar legal issues or facts in the future. Incorporating precedent, the principle of stare decisis directs courts to apply the law consistently when the facts are the same.

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What happens when a court reverses a lower court's decision ?

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Answer:

Reversal can occur when the decision of a court of appeal is that the judgment of a lower court was incorrect. The result of reversal is that the lower court which tried the case is instructed to vacate the original judgment and retry the case

believe that judges should decide cases on the basis of (1) the original intent of the framers or those who enacted the statute(s) involved in a case

Answers

The Supreme Court was initially authorized by the Judiciary Act of 1789 to issue writs of mandamus, which are legal orders requiring government officials to act in accordance with the law.

What was the purpose of the Constitution's creators?

The people who wrote the Constitution, the Founding Fathers, wanted a government where no one person had too much power or control.

What kind of judicial philosophy are those judges who strive to abide by the intent of the framers to the letter?

The term unique plan alludes to the idea that the legal executive ought to decipher the Constitution (counting its alterations) as per the comprehension of its designers.

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How do you secure a candidate?

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Businesses may attract the best candidates on the market by reducing the hiring cycle, making offers quickly, not underpaying, and being clear about their USPs and distinctions.

How ought an applicant to be handled?It takes active self-engagement to maintain prospects' interest. Respect their time, make the application process easier for them, and get better at interviewing. About 65% of applicants claim that a bad interview experience is enough to make them lose interest in the job. Businesses may attract the best candidates on the market by reducing the hiring cycle, making offers quickly, not underpaying, and being clear about their USPs and distinctions.Businesses may attract the best candidates on the market by reducing the hiring cycle, making offers quickly, not underpaying, and being clear about their USPs and distinctions.

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What is the most important part of the Patriot Act?

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The most significant aspect of the Patriot Act is the expanded access to personal information maintained by third parties.

What does the Patriot Act mean in plain English?

The Patriot Act, a US law, grants law enforcement more power to thwart terrorist attacks. The acronym USA PATRIOT stands for "Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism."

What does the Patriot Act really do?

The Act made it possible for investigators to gather data when looking into a variety of terrorist-related crimes, including the use of chemical weapons, WMD usage, executing Americans abroad, and terrorism financing.

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What type of tax is corporate tax?

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A tax called corporate tax is imposed on the earnings of businesses or corporations. It is a form of income tax since it is based on the earnings or income of a firm. Corporate taxes are normally levied at the federal or national level, however, in certain nations, they may also be levied at the state or municipal level.

Instead of the shareholders or owners of the business, the corporation normally pays the corporate tax. The cost of the corporation tax, however, may occasionally be transferred to shareholders in the form of decreased dividends or to consumers in the form of increased pricing for products and services.

Corporate tax rates may be progressive, which means that they rise as the amount of income or profits due to the tax rises, and they may differ dramatically from one jurisdiction to another. To entice firms to make investments or conduct business within their boundaries, certain nations may also provide tax advantages or incentives.

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Why did the Brown vs Board of Education case happen?

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the case that would become most famous, a plaintiff named Oliver Brown filed a class-action suit against the Board of Education of Topeka, Kansas, in 1951, after his daughter, Linda Brown, was denied entrance to Topeka's all-white elementary schools.

What are the three types of votes in Congress?

Answers

Excluding the yeas and nays, all of the above voting methods are available when the House is in House on the Whole.

What precisely is a committee?

a team of individuals tasked with considering, investigating, handling, or reporting on a certain topic. an advice group. To be more precise: a group of lawmakers chosen by a parliamentary assembly to discuss legislative matters. The measure has once more been given to the committee.

What exactly is a committee in Pakistan?

Each party assigns its own membership to the committees, and each committee distributes its participants among its subcommittees. Only a set number and kind of committees can have one senator as a member. Questioning executive organizations on issues of public interest is a committee's main goal.

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What is one argument in favor of federal judges have lifetime appointments judges?

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One argument in favour of federal judges having lifetime appointments is that it helps to ensure judicial independence.

What is federal judges?

Federal judges are appointed by the President of the United States and confirmed by the United States Senate. These judges preside over the federal court system, which is made up of the district courts, the circuit courts of appeals, and the Supreme Court. Federal judges are responsible for hearing and determining cases regarding federal laws, as well as settling disputes between states. They can also issue court orders and rulings to enforce laws that are in accordance with the Constitution. Federal judges are expected to be impartial, independent, and knowledgeable of the law. They must be able to interpret the law and make difficult decisions that are based on the facts of a case. Federal judges often play a key role in preserving justice and upholding the rule of law.

Because federal judges are appointed for life, they are not subject to pressures from the executive or legislative branches, allowing them to make impartial decisions that are not influenced by political or ideological interests. This helps to ensure that justice is served fairly and impartially and promotes the rule of law.

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How do states assign votes to candidates?

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Each state's political parties select slates of potential voters before to the general election. Second, voters in each state cast ballots during the general election to elect electors for their respective states.

How are the states' electoral votes divided up in the presidential election?

Each state is given a certain number of electors, which may fluctuate every ten years depending on the increase of each state's population as measured by the Census, which is equal to the number of its U.S. Senators (which are always 2) plus the number of its U.S. Representatives. It could be altered.

The distribution of electoral votes among states is based on the census. With two votes for each of its senators in the U.S. Senate and another number of votes according to the number of Congressional districts, each state receives a vote count equal to the number of senators in its U.S. Congressional delegation.

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When determining the similarity of one work to another in an infringement question, some courts use a two-part test that asks whether the two works:
a. appeared at about the same time and are in the same medium (e.g., both are films).
b. have the same kinds of characters and have the same kinds of scenes.
c. have the same general theme and express this theme in the same way.
d. are in the same medium and have the same kinds of characters.

Answers

Option C is correct. some courts use a two-part test that asks whether the two works have the same general theme and express this theme in the same way.

About Two-part test

A person has demonstrated a real (subjective) expectation of privacy, according to Justice Harlan's two-part test. It is an expectation that society is willing to accept as reasonable.

Federal and state courts have mostly used what is now known as the "Two Part Test" as a result of Heller. The question of whether the contested rule has any intersections with the 2nd Amendment is the focus of the first section. If the answer to that question is affirmative, the courts proceed to the following: Most laws impose some form of means-end examination, the severity of which is determined by how much the "fundamental" right to self-defense is restricted.

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What makes a campaign successful?

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Last but not least, winning campaigns foster a feeling of reliability, justice, and truth in all that they accomplish.

Which five qualities best describe successful campaigns?To help you, we've looked at the characteristics that successful campaigns share.The customer is always the hero. A well defined aim, highly tailored messaging, highly targeted audiences, and integrated, multi-channel marketing are how your target audience sees themselves. Last but not least, winning campaigns foster a feeling of reliability, justice, and truth in all that they accomplish. Everything, including people, things, and ideas, appears to be doable, attainable, capable, trustworthy, knowledgeable, etc. It is simple to accept something as real and to accuse someone of lying or deceit.

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How does the U.S. Supreme Court decide to hear an appeal?

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Only when a case involves an extremely significant legal concept or when two or more federal appellate courts have disagreed on how to interpret law will the Court typically consent to consider it.

Which appeals the Supreme Court will hear is determined by?

Justices who sit on the United States Supreme Court have lifetime appointments, much like all federal judges. The primary duty of the court is to hear appeals. Which appeals cases the courts will hear are decided by the courts. A minimum of four of the nine justices must vote in favor of this.

What is the role of the Supreme Court?

Despite the fact that it has the authority to hear appeals on any legal matter, the Supreme Court frequently declines to conduct trials. Rather, it is the Court's responsibility to decide what legislation means, whether it applies to a particular set of facts, and how it should be interpreted.

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What is a political party what is its function and purpose Why do parties form?

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A political party is an organisation that coordinates candidates to compete in a specific country's elections. It is common for the participants of a birthday celebration to preserve similar thoughts about politics, and events may additionally promote unique ideological or policy goals.

What is a political  party and what is its purpose?

A political party is made up of folks who organize to win elections, operate government, and impact public policy. The Democratic and Republican events are presently the principal parties in Congress. Learn greater about political celebration divisions in the U.S. Senate.

A political party is a crew of people who come together to contest elections and maintain power in the government. Once they are in power, they try to enact legal guidelines and begin programmes that promote the well being of all its citizens.

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What is a US executive order?

Answers

President Franklin D. Roosevelt took office on February 19, 1942, or about two months after Japanese attack on Pearl Harbor.

What are the two main powers of the executive?

Treaties may be negotiated and signed by the President; the Senate must then ratify them. The Executive Branch maintains diplomatic relations with various nations. The president may issue executive orders to guide executive departments or to clarify and promote existing legislation.

Who is in charge of the executive?

Executive control over the Union is granted to the President, and in pursuance of the Constitution, it may use it directly or through employees who answer to him. Additionally, he is in charge of all the Union's military forces.

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What are the benefits of national security?

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It defends us by keeping up strong armed forces, employing secret police or counterintelligence services to safeguard the country from internal threats.

How important is the national security in our daily lives?It protects us by maintaining robust armed forces, using secret police, or utilizing counterintelligence services to protect the nation from internal dangers. putting civil defense and disaster readiness measures in place. It is quite effective because, based on our current circumstances, I can claim that it enhances the security of our nation.In addition to citizens, national institutions' financial stability is protected by national security. National defense has been a pillar of American policy at least since 1947, when President Harry S. Truman signed the National Security Act into law.

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Where does the power to tax come from?

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In the United States, Congress has the authority to "lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States".

Why does the Constitution grant the ability to tax to Congress?

The first clause of Article I, Section 8, gives Congress the authority "to lay and collect Taxes" not only to pay back the Revolutionary War debts, which was the nation's immediate concern at the time, but also more broadly and in the future to "provide for the common Defense and general Welfare of the United States."

The Congress shall have the authority to impose and collect taxes, duties, imposts, and excises in order to settle debts, fund the nation's general welfare, and provide for the common defense. However, all duties, imposts, and excises must be applied uniformly across the country.

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In what year does the Department of Tourism recognized under Exec Order No 120 and 120 A?

Answers

The 2015 New Tourism Policy will be unveiled on May 15th: Travel Minister.

What categories of departments exist?

There are many things that fall under the umbrella of "departments." an administrative division of a country, a ministry in the government, or a division of an institution. In this definition, the word "department" is used to describe a variety of organizational divisions..

What does department mean in a sentence?

Our sales staff has received your letter and will respond soon. Head straight for the X-ray department when you arrive at the hospital. The science and math departments at the university the contemporary languages division She became a member of the local police force.

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How do politicians use public opinion polls ?

Answers

Candidates can learn from public opinion to focuse on subjects that are significant to voters .

How  public opinion polls be useful to politician ?

A candidate's campaign might be focused on subjects that are significant to voters with the support of public opinion. Candidates can learn from public opinion which groups or areas they need to appeal to more and which groups or areas they have already won or lost.

By asking a series of questions and extending generalizations into ratios or confidence intervals, opinion polls are often created to represent the opinions of a population. Pollster is a term used to describe someone who conducts polls.

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What was one purpose of the Civil Works Administration which was a part of Franklin Roosevelt's first New Deal?

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As part of Franklin Roosevelt's first New Deal, laborers were engaged to build public projects in order to give the unemployed jobs.

What was one of the goals of Franklin Roosevelt's first New Deal's Civil Works Administration?

The CWA was created to bring unemployed Americans back to work and to use them on advantageous public projects, just like previous New Deal emergency employment programs. More specifically, the CWA was intended to be a temporary solution to help unemployed Americans survive the brutal winter of 1933–1934 [2].

What was the New Deal's purpose?

To support the nation's recovery, offer urgent relief to Americans who are most in need, and change institutions so that future depressions are less likely.

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Which of the following is an example of intrastate mutual aid?

Answers

The example of intrastate mutual aid is  Cook County, Illinois, sends responders to Lake County, Illinois, to respond to a hazardous materials incident that is option A is correct.

Intrastate mutual aid is referred to as the program launched by governments of various local governments of any country that will enable the governments to aid each other in the case of any emergency situation. The emergency situation can be any situation such as the break of fire, famine, natural incidents. This aid program enable the governments to supply medicines as well as food materials in case of any emergency caused in the nearby area. The Cook county sending aid to the Lake county in the case of a hazardous material incident is an example of the intrastate mutual aid.

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Complete Question:

Which of the following is an example of intrastate mutual aid?

A. Cook County, Illinois, sends responders to Lake County, Illinois, to respond to a hazardous materials incident.

B. New York City Fire Department sends firefighters to respond to Hurricane Katrina.

C. Montgomery County, Maryland (a suburb of Washington, DC), sends EMS personnel to respond to a mass casualty incident in Washington, DC.

D. Paramus Fire Department in New Jersey sends firefighters to help with rescue efforts at the World Trade Center on September 11, 2001.

Is the federal government responsible for national defense?

Answers

The Defense Department is in charge of providing the armed forces required to prevent conflict and protect national security.

What does "national defense" mean?

Programs for military and energy production or construction, support for vital infrastructure in foreign countries, homeland security, stockpiling, space exploration, and any directly connected activity are all included under the umbrella term "national defense."

Describe military security:

The duty to provide the military forces necessary to maintain national security and prevent violence falls on the Department of Defense. The Army, Navy, U.s. Marine, and Air Force make up the majority of the these forces, each having over 1.3 million men and women on active service.

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What is the difference between a full citation and a parenthetical in text citation? problem 8.54 for each of the following pairs of polymers, do the following: (1) state whether it is possible to decide whether one polymer has a higher tensile strength than the other; (2) if this is possible, note which has the higher tensile strength and cite the reason(s) for your choice; and (3) if it is not possible to decide, state why. (a) linear and isotactic poly(vinyl chloride) with a weight-average molecular weight of 100,000 g/mol; branched and atactic poly(vinyl chloride) having a weight-average molecular weight of 75,000 g/mol (b) graft acrylonitrile-butadiene copolymer with 10% of possible sites crosslinked; alternating acrylonitrile- butadiene copolymer with 5% of possible sites crosslinked (c) network polyester; lightly branched polytetrafluoroethylene your goal is to retire with an accumulated value of $3, 000, 000 in twenty years. you are able to earn a nominal interest rate of 7.2% convertible monthly. (a) if you make monthly payments that increase by 0.45% each month starting at the end of the first month, what must the first payment be? you walk 45 m at an angle of 25 degrees s of e. then you walk 30 m north. what is the angle of the resultant vector? What is Swift's satirical solution to this problem? ___data includes descriptions observations and explanations What are the first four 10 Commandments? How many hours a week do stock brokers work? What is the role of the government in the one period closed economy model? The area of a rectangle is 56.96 mIf the length is 16, what is the width and perimeter? What should you do first if overexposure to chemicals is suspected? Wallace owns a construction company that builds both commercial and residential buildings. He contracts to build a residential building for $800,000 for which he is eligible to use the completed contract method of accounting. In the current year for regular income tax purposes, Wallace does not recognize any income on the contract. Under the percentage of complete method, the income recognized under the contract would have been $60,000.Wallace's AMT adjustment is: A) $0. B) $60,000 negative adjustment. C) $60,000 positive adjustment. D) $800,000 positive adjustment. E) None of the above. g show that every avl tree can be colored as a red-black tree. are all red-black trees avl? justify your answer. What process is unique to meiosis? what is alpha decay in physics How do you find the inverse of two variables? how did the mongols create a time of peace, or pax mongolica, despite their violence? A client who is at 20-weeks' gestation visits the prenatal clinic for the first time. Assessment reveals temperature of 98.8 F (37.1 C), pulse of 80 beats per minute, blood pressure of 128/80 mm Hg, weight of 142 lb (64.4 kg) (pre-pregnancy weight was 132 lb (59.9 kg), fetal heart rate (FHR) of 140 beats per minute, urine that is negative for protein, and fasting blood glucose level of 92 mg/dL (5.2 mmol/L). What should the nurse do after making these assessments?Report the findings because the client needs immediate intervention.Document the results because they are expected at 20-weeks' gestation.Record the findings in the medical record because they are not within the norm but are not critical.Prepare the client for an emergency admission because these findings may represent jeopardy to the client and fetus. Is TAA a stop codon? The coordinates of a bird flying in the x-y plane are given by x(t)=t and y(t)=3.0mt2, where =2.4m/s and =1.2m/s^-2. Calculate the velocity as a function of time. Can anyone please help me out?