In 1735 the New York city trial of editor John Peter Zenger helped establish the principle that the truth cannot be libelous
The case is significant because it established the principle, which is now firmly established in U.S. law, that truthful information cannot be libelous. In the case of the People v. Croswell (N.Y. 1804), Alexander Hamilton used this argument to defend Harry Croswell against indictments of criminal libel for accusations he made regarding President Thomas Jefferson. The idea was eventually incorporated into New York and other states' laws. If an editor's words were accurate, they could not be prosecuted for seditious libel.
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Writing an op-ed, explain the different legal theories, and how each justice will rule on the constitutionality of the convictions. Lastly, explain to the readers what will happen after the vote occurs.
Imagine five cave explorers from the Spelunking Society in the year 4300 are trapped in an underground cave after a landslide blocks the entrance. Considerable time and expense are put into a cave rescue effort, which spans more than two weeks and results in the death of ten rescuers. After twenty days in the cave and with diminishing supplies, the group members decide they must kill one of their own to survive. Benjamin Luttrell, one of the group, proposes that they cast dice to determine who should be killed and eaten. After much deliberation and hesitation, the group agrees.
Shortly thereafter, Benjamin gets scared and withdraws from the agreement he had proposed. Nonetheless, the group goes ahead with the plan. When Benjamin refuses to participate, the group goes ahead without him and rolls the dice for him. He loses the dice role. Benjamin is killed and eaten on the twenty third day. The remaining survivors are saved on the thirty second day. Afterward, the remaining group members are put on trial for murder. The statute under which they are tried states, “Whoever shall willfully take the life of another is punished by death.”
Suppose the jury finds all survivors guilty and the trial judge promptly sentences the defendants to death by hanging. After the jury is released from duty, the defendants petition the Supreme Court to reconsider the verdict. Five justices on the Supreme Court review the petition to appeal the murder convictions and death sentences. The legal philosophies of each justice are well known:
• Chief Justice Truxal is a sociological theorist.
• Justice Nelson is a natural theorist.
• Justice Ellis is an economic pragmatist.
• Justice Pinerola is a legal positivist who prefers the “plain meaning” of the statute.
• Justice Cooper is a proponent of critical legal theory.
Based on the given scenario, the likely verdict of the following judges would occur, based on their legal philosophies:
Chief Justice Truxal who is a sociological theorist would uphold the judgment because he would observe the human behavior of the group of trapped men and conclude that though their situation was dire, they committed murder.
Justice Nelson who is a natural theorist would uphold the judgment because he is of the school of thought that believes that human laws are defined by morality and the actions of the men were immoral.
Justice Ellis who is an economic pragmatist would overturn the judgment because he would weigh the situation from an economic perspective and discover that one person needed to die, for the others to survive.
Justice Pinerola who is a legal positivist who prefers the “plain meaning” of the statute would uphold the judgment because he believes that the law and morality are parallel and the men committed murder, plain and simple.
Justice Cooper who is a proponent of critical legal theory would uphold the decision because he believes that the law contains social biases and these biases are the reason for the judicial review on what is a clear murder case.
What is the critical legal theory?This refers to the theory that states that the law is connected with social issues, and contains social biases.
Hence, we can see that the likely verdict of the following judges would occur, based on their legal philosophies are given above
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What is the term for an appellate court’s decision to overturn the decision of the lower court and rule in favor of the person filing the appeal?.
A collateral attack is the term for an appellate court’s decision to overturn the decision of the lower court and rule in favor of the person filing the appeal.
What is a collateral attack?It is also called an indirect attack. The collateral attack refers to the challenge on the validity of a prior judgment through a new case rather than by a direct appeal. An examples of a collateral attack include habeas corpus petitions and claims that a prior judgment was invalid after the opposing party cites it for strategic advantage in a new case.
It is also the attempt to avoid the binding effect of a judgment in order to obtain specific relief that the judgment currently impedes. In conclusion, the collateral attack is the term for an appellate court’s decision to overturn the decision of the lower court and rule in favor of the person filing the appeal.
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Reverse is the term for an appellate court’s decision to overturn the decision of the lower court and rule in favor of the person filing the appeal
The Appellate Court's decision on your appeal may take some time. Some courts make their decisions available on their websites. Other courts will mail you a copy of the ruling in the mail.
The Appellate Court can reverse, remand, affirm, or modify the lower court's decision or parts of the judgment.
Reverse: The Appellate Court determines that the lower court's decision was incorrect. When this occurs, the Appellate Court cancels the lower court's decision.
Remand: The Appellate Court instructs the lower court to hold a hearing, or a portion of the case, again.
Affirm: Whenever the Appellate Court agrees that the lower court reached the right conclusion. The decision remains unchanged.
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Scientific investigation must be well _______ to be sure the data collected will help the scientists question.
The scientific investigation must be well ill try to but try enough to be sure the data collected will help the scientist's question.
Data is a collection of discrete values that convey information, describing the quantity, quality, facts, statistics, other basic units of meaning, or simply a sequence of symbols that can be interpreted. like more. Data is an individual state in a data set.
Data is often organized into structures like tables that provide additional context and meaning, and can themselves be used as data in larger structures. Data can be used as variables in a calculation process. Data can represent abstract ideas or concrete actions.
Data is commonly used in scientific research, finance, and virtually every other form of human organizational activity. Examples of datasets include stock prices, crime rates, unemployment rates, literacy rates, and census data.
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In the early King's Court of England, a court of law could grant as a remedy only
a. an injunction.
b. a judicial proceeding for the resolution of a dispute.
c. an order to perform a contract as promised.
d. damages.
In the early King's Court of England, a court of law could grant as a remedy only damages.
Below you can read more about Damages.
What are Damages?In law, damages refers to monetary benefits which are paid to a claimant as a means of compensation for loss or injury.
Most times, damages are paid when a party breaches an agreement or in a case where the right of a person is violated.
Damages are broadly categorized into three major forms and they include the following;
economic damagesnon-economic damagespunitive damages.Therefore, according to the question, a remedy can be granted by the King's court of England in form of Damages.
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It should be noted that in the early King's Court of England, a court of law could grant as a remedy only as C. Damages.
How to illustrate the information?Damages are monetary payments made to a claimant as recompense for loss or harm in the legal sense. Damages are typically paid when one party violates another's rights or when an agreement is broken.
Economic, non-economic, and punitive damages are the three main types of damages that can be generally defined. The courts of law could initially only award monetary remedies due to historical and political factors in the creation of the English legal system. A different equity system had to be used if the petitioner requested something other than money. There were distinct courtrooms and hearings for each.
Therefore, it hould be noted that in the early King's Court of England, a court of law could grant as a remedy only as damages.
In conclusion, the correct option is D.
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assume that defendant is found guilty and pursues his appeal up to the united states supreme court. if the court agrees to hear his case, it will issue a writ of .
If the Court agrees to hear his case, it will issue a writ of certiorari.
What is certiorari?Certiorari is a legal process that seeks judicial review of a decision made by a lower court or government agency. Certiorari is derived from the name of an English prerogative writ issued by a superior court to direct that the lower court's record be sent to the superior court for review. Certiorari is a "writ" by which a higher court (such as an appellate court) reviews the decision of a lower court (such as a district court). When a party loses in a court of law, that party is frequently permitted to appeal the decision to a higher court.Assume a defendant is found guilty and appeals to the United States Supreme Court; if the Court agrees to hear his case, a writ of certiorari will be issued.Therefore, if the Court agrees to hear his case, it will issue a writ of certiorari.
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the law sets out a system for among the parties by providing a basis for deciding their legal interests and rights.
The law sets out a system for among the parties by providing a basis for deciding their legal interests and rights: TRUE
What is law?Law is a set of rules created and enforced by social or governmental institutions to regulate behavior, the precise definition of which has long been debated.It has been described as both a science and an art form. State-enforced laws can be enacted by a group legislature or a single legislator, resulting in statutes; by the executive via decrees and regulations; or by judges via precedent, typically in common law jurisdictions. Private individuals may enter into legally binding contracts, including arbitration agreements that use alternative dispute resolution methods to traditional court litigation. The law establishes a system among the parties by establishing a foundation for determining their legal interests and rights.Therefore, the statement "the law sets out a system for among the parties by providing a basis for deciding their legal interests and rights" is TRUE.
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does the fourth amendment need an update and/or change for a more modern society?
Answer:
The fourth amendment states "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated..." So with this in mind, I don't think a change to the fourth amendment is warranted. The fourth amendment essentially protects our right to privacy. It helps limit the government from doing whatever they want. It gives the people the privacy they deserve. No ones houses, papers, etc should be searched without good reason.
Explanation:
Explain the difference between the law of definite proportions and the law of multiple proportions.
The difference between the law of definite proportions and the law of multiple proportions is -
The same compound appears in two or more samples, regardless of source.The Law of Multiple Proportions states that two different compounds containing the same element have been related by one gram (small # whole ratio).What is law of chemistry?To explain the properties as well as structure of atoms and molecules, a number of laws & theories have been proposed. These laws were based on presumptions and had limitations, but they served as the foundation for modern theory.
Now, according to the question;
According to the law of multiple proportions, "if two elements combine to form a number of molecule or compounds, then the mass ratio of the second element which combines with the initial element would then always be in a fixed ratio of whole numbers."According to the law of definite proportions, "every chemical compound has a fixed proportion of the elements."The examples demonstrate the distinction between the two laws.
In a 1:1 ratio, the molecule HCl is made up of two elements: hydrogen and chlorine. It will always be the same regardless of the concentration of the HCl solution, the amount, or the source of its preparation. The law of definite proportions explains this.However, two elements can combine in a variety of ways, such as CO and CO₂, which are the same element but combine in a different way to form completely distinct molecules. The law of multiple proportions is used in this case.To know more about the law of multiple proportions, here
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Which method best describes the foreclosure process in Florida?
Caveat emptor
Judicial
Lis pendens
Non-judicial
The judicial method best describes the foreclosure process in Florida.
The judicial department is in price of figuring out the which means of laws, the way to apply them to actual conditions, and whether or not a regulation breaks the rules of the charter. The charter is the best regulation of our nation. The U.S. Ultimate court docket, the best court docket inside the america, is part of the judicial department.
A judicial selection legally binds the parties inside the case, and also can also function a regulation inside the same potential feel as does a statute. In other words, a judicial decision determines the outcome of the unique case, and additionally may regulate destiny behavior of all persons within the jurisdiction of the courtroom.
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when is a motion for a directed verdict properly made? group of answer choices after the defendant has filed its answer after summary judgment has been granted after the plaintiff has presented its case only at the appellate court level
After the plaintiff has presented its case, a motion for directed verdict can be properly made.
Additional details about directed verdict are provided below:
Whenever a plaintiff has made a prima facie case, the case may withstand a defendant's motion for a directed verdict.A disagreement in federal cases is resolved by the requirement that specific grounds for the motion for a directed verdict be properly made and stated.The practice of asking the jury to sign off on a decision they did not reach through their own deliberations after the court has granted or the judgment has been granted a motion for a directed verdict serves no purpose and may offend the jury members.Learn more about how to define Directed Verdict: https://brainly.com/question/15105356
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The fifteenth amendment guaranteed _______________ for all us citizens, regardless of previous condition of servitude.
The fifteenth amendment guaranteed "right to vote" for all us citizens, regardless of previous condition of servitude.
What was 15th amendment of US constitution?The 15th Amendment, passed by Congress on February 26, 1869 and ratified on February 3, 1870, granted African American men the right to vote.
Some key features regarding the 15th amendment of US constitution are-
The 15th Amendment, enacted in 1870, appeared to former abolitionists and the Radical Republicans in Congress who shaped Reconstruction after the Civil War to signify the satisfaction of all promises to African Americans. After being set free by the 13th Amendment and granted citizenship even by 14th Amendment, Black males have been granted the right to vote by the 15th Amendment. In retrospect, the 15th Amendment was merely another step in the fight for equality that would endure more than a century already when African Americans could fully participate in American public as well as civic life.To know more about the 15th amendment of US constitution, here
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characteristics of procedural law on points ?
If a vacancy to a public office falls while the senate is in recess and the president fills that vacancy, how long should that officer’s term last?.
officer’s term should last till End of their next session
In several nations, there is a type of academic appointment known as tenure. A tenured position is an indefinite academic appointment that can only be dismissed for good reason or in unusual situations, including program discontinuance or financial hardship. The concept of academic freedom, which contends that allowing researchers to hold and consider a diversity of viewpoints is advantageous for society in the long term, is supported by tenure. At the collegiate level, tenured professors enjoy full-time, secure positions. Tenured academics often hold titles like assistant professor, associate professor, and full professor and enter the academic employment market after attaining the highest degree in their discipline, typically a Ph. D.
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sarah has been asked to explain the ""right-to-know"" law to her coworkers in the forensics lab. how will she most accurately explain this law?
Sarah will most accurately explain the "Right-To-Know" Law to her co-workers in forensic lab by saying, "Scientists must be informed of any potentially dangerous materials in their work."
Congress passed the Federal Right-To-Know Law to ensure that both employers and employees are aware of the chemical risks present at forensics lab or any workplace.
Hazardous materials include anything or any chemical that poses a risk to one's health or physical well-being. Thus, knowing how to operate a handgun in a forensic lab is not under Right-To-Know Law.
In the chain of contact with a chemical, any person or entity is subject to the Federal "Right-to-Know" Law. This law defines a chemical as any substance or mixture of substances. So if there are criminals in the building, telling the forensic scientists the situation isn't covered by this law. The criminal is not a chemical.
Employers of the forensic scientists are required by the federal "Right-to-Know" law to create, implement, and maintain a written hazard communication program.
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The fifteenth amendment guaranteed _______________ for all us citizens, regardless of previous condition of servitude.
The fifteenth amendment guaranteed to vote for all us citizens, regardless of the previous condition of servitude.
What was the fifteenth amendment?The fifteenth amendment guaranteed the right to vote to all citizens, regardless of previous servitude. The United States Constitution's Fifteenth Amendment (Amendment XV) prohibits the federal government and each state from denying or limiting a citizen's right to vote "on account of race, color, or previous condition of servitude." It was ratified as the third and final of the Reconstruction Amendments on February 3, 1870. During the final years of the American Civil War and the Reconstruction Era that followed, Congress debated the rights of millions of former black slaves on numerous occasions.Therefore, the fifteenth amendment guaranteed to vote for all us citizens, regardless of the previous condition of servitude.
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Affirmative (PRO): The death penalty should be legal in the United States.
The death penalty is a powerful tool for maintaining law and order, they claim, and it is less expensive than life in prison.
One of the key arguments in favor of continuing to use the death penalty is that it might deter criminal behavior by those who fear receiving the death penalty. arguments in favor of the death penalty. Retribution. Deterrence. Rehabilitation. avoiding repeat offenses. closure and approval. incentive to assist the cops a disagreement in Japan.
The worst criminals are put to death permanently, which makes us all feel safer because they can no longer commit crimes. It also acts as a "deterrence" by frightening other persons who might be considering committing a crime.
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According to the segment, what is the foundation of police authority?
Answer:
Federal Law
Explanation:
Which amendment prevents states from denying citizens equal protection of the laws?.
The Fourteenth Amendment prevents states from denying citizens equal protection of the laws.
What is the Fourteenth Amendment?The Fourteenth Amendment (Amendment XIV) to the United States Constitution was ratified as one of the Reconstruction Amendments on July 9, 1868. It was proposed in response to issues concerning former slaves following the American Civil War and is widely regarded as one of the most consequential amendments.It addresses citizenship rights and equal protection under the law. The amendment was fiercely contested, especially by the defeated Confederacy's states, which were forced to ratify it in order to regain representation in Congress.The first section of the amendment, in particular, is one of the most litigated parts of the Constitution, serving as the foundation for landmark Supreme Court decisions such as Brown v. Board of Education (1954) regarding racial segregation, Roe v. Wade (1973) regarding abortion (overturned in 2022), Bush v. Gore (2000) regarding the 2000 presidential election, and Obergefell v. Hodges (2015) regarding same-sex marriage. The amendment restricts the actions of all state and local officials, as well as those acting on their behalf.Therefore, the Fourteenth Amendment prevents states from denying citizens equal protection of the laws.
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Question 3
A person cited for a misdemeanor would most likely appear before:
Answer:
City or Magistrates Court
Explanation:
Misdemeanors are usually held in a court with a local judge so that circuit court can deal with the felony charges.
traditional roles of police
Answer:
Police typically are responsible for maintaining public order and safety, enforcing the law, and preventing, detecting, and investigating criminal activities. These functions are known as policing.
Michael is a Fijian citizen. He left Fiji in 2021 to work as a chef on super yachts based in European ports. He is employed by a company based in and resident of France. His salary is paid into Fijian bank account.
The yachts cruise the world and on occasions they come into Fijian waters. He is a single man and does not own a residence overseas but spends approximately three months of the year in France when the yachts require maintenance. Michael returns to Fiji twice yearly to visit family, friends and for holidays. He does not own his own home in Fiji and stays with his parents on visits.
Required:
Discuss whether Michael is a Fijian resident for tax purposes.
Michael is not a Fijian resident for tax purposes, though the length of his stay in Fiji is not stated.
What is a resident taxpayer in Fiji?A resident taxpayer in Fiji is a person who earns income and is present in Fiji for a period of 183 or more days in a 12-month period.
Michael spends his time on French yachts that cruise the world and Michael occasionally visits Fiji. Michael also spends three months in France. We are not sure he spends up to three months in Fiji
Since the company that employs Michael is a resident of France, Michael is not a Fijian resident.
Thus, Michael is technically a resident in France, and for tax purposes, his earnings should be subject to France taxation, not Fiji's.
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tim decides that he is in desperate need of money and decides to rob a bank. he is caught and arrested. what type of law would be applied to him when brought to trial?
Criminal law would be applied to him when brought to trial.
What is criminal law?Criminal law is the body of law dealing with crime. It defines behavior that is perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of others, including oneself. The majority of criminal law is established by statute, which means that the laws are passed by a legislature. Criminal law encompasses the punishment and rehabilitation of those who break the law.Criminal law varies by jurisdiction and is distinct from civil law, which focuses on dispute resolution and victim compensation rather than punishment or rehabilitation. A person who robbed a bank, for example, will face criminal charges.Therefore, criminal law would be applied to him when brought to trial.
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Zoning laws, which allow certain land uses only in specific locations, might be justified in dealing with negative externalities because they can.
Zoning laws, which restrict certain land uses to specific areas, may be justified in addressing adverse externalities since they can limit locations of businesses that generate negative externalities.
Zoning laws typically define the areas that may be used for industrial, recreational, residential, or commercial purposes. An R-1 residential zone, for example, may permit only single-family residential properties rather than duplexes or apartment buildings. A C-1 commercial zone, on the other hand, may be zoned to allow only certain industrial or commercial uses in one territory while allowing a mix of accommodation and businesses in another.
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the remedy for breach of contract may depend on the classification of contracts as law with rights in dispute. (choose two correct answers)
The remedy for breach of contract may depend on the classification of contracts as civil law with substantive rights in dispute. Whereas the remedy is a legal action taken by the court to make up for an injured party in a civil case.
When a party violates a commitment made to another party with whom they have a contract, they are held accountable.
On the other hand, a statutory or written law known as substantive law controls everyone within its scope's rights and obligations. It outlines civil rights and obligations, as well as crimes and their associated penalties.
It is a law that regulates a person's basic rights and duties such as contracts and breach of contract.
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You didn't mention the choices. For everyone's information, here's the complete question:
The remedy for breach of contract may depend on the classification of contracts as ________ law with _________ rights in dispute. (Choose two correct answers):
substantivesignificantcivilobligatory#SPJ4
The legislation that prohibits federally funded programs from discriminating on the basis of race, color, or national origin.
Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, or national origin in federally funded programs.
What is Title VI of the Civil Rights Act of 1964?Civil Rights Act of 1964, Title VI, 42 U.S.C. 2000d et seq.Title VI restricts discrimination on the basis of race, color, or nationality in any federally funded program or activity or in any program or activity receiving other federal financial assistance.Title IV of the Civil Rights Act of 1964 authorizes the Attorney General to investigate and prosecute certain equal protection violations in public schools and institutions of higher learning based on gender, among other factors.The Civil Rights Act of 1964, which prohibited employment discrimination based on race, color, religion, sex, or national origin and ended segregation in public places, is regarded as one of the civil rights movement's pinnacle legislative achievements.Therefore, Title VI of the Civil Rights Act of 1964 prohibits federally funded programs from discriminating on the basis of race, color, or national origin.
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At what decision point in the formal criminal process does the defendant enter a plea of guilty or not guilty?
O a. during the arraignment.
O b. during the criminal trial.
O c. during the preliminary hearing.
O d. during the bail hearing.
The decision point in the formal criminal process when the defendant must enter a plea of guilty or not guilty is a. during the arraignment.
What is the formal criminal process?The formal criminal processis the formal steps that the law requires the arrest and investigation of crime offenders to follow to ensure that justice is served.
The formal criminal process includes:
Investigation and arrestPretrial activities (discovery of witnesses)ArraignmentAdjudicationSentencingCorrections.Every criminal process hovers around conviction, punishment, and rehabilitation.
Thus, the defendant enters a plea of guilty or not guilty is a. during the arraignment.
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QUESTION 8
How can crime be controlled according to the rehabilitation perspective?
O a. by increasing the penalties for criminal activity.
O b. through the increased use of alternative sentencing.
O c. by giving people the means to improve their life-style through conventional endeavors.
O d. by building more prisons.
According to the rehabilitation perspective, crime can be controlled b. through the increased use of alternative sentencing.
What is alternative sentencing?Alternative sentencing includes the punishments that a court imposes on a defendant after conviction, other than a jail term or the death penalty.
Instead of an outright sentence of incarceration or death, alternative sentencing includes probation, community service, and restitution payments, which are in the form of compensation to crime victims.
The rehabilitation perspective tries to change offenders' behaviors, unlike incarceration or imprisonment, which locks up the offender.
Thus, according to the rehabilitation perspective, crime can be controlled b. through the increased use of alternative sentencing.
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If a vacancy to a public office falls while the senate is in recess and the president fills that vacancy, how long should that officer’s term last?.
Heya! It should last until the end of their next session. Have a good day!
A wrongful birth case was recently brought before a court in which a child with smith-lemli-opitz syndrome was born to apparently healthy parents. This syndrome is characterized by a cluster of birth defects including cleft palate, and an array of problems with the reproductive and urinary organs. Originally considered by their physician as having a nongenetic basis, the parents decided to have another child, who was also born with smith-lemli-opitz syndrome. In the role of a genetic counselor, instruct the court about what occurred, including the probability of the parents having two affected offspring, knowing that the disorder is inherited as a recessive trait.
The answer to the question is shown below.
What is a smith-lemli-Opitz syndrome?Smith-Lemli-Opitz syndrome is a developmental disorder that affects multiple body systems. This condition is distinguished by distinct facial features, a small head size (microcephaly), intellectual disability or learning difficulties, and behavioral difficulties.Instructions to the court:
The attending physician most likely misdiagnosed the first child's syndrome by telling the parents that the birth defects were not genetic. Given the birth of the second child with Smith-Lemli-Opitz syndrome, both parents were most likely carriers of the recessive gene that causes the syndrome. Under those conditions, each of the children has a 25% chance of being affected. The likelihood of two children of heterozygous parents being affected is 0.25 × 0.25 = 0.0625, or a little over 6%.Therefore, the answer to the question is shown.
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kevin is a judge hearing the case of local dispatch co. v. national transport corp. applying the relevant rule of law to the facts of the case requires kevin to find previously decided cases that, in relation to the case under consideration, are
Judge Kevin must locate earlier cases that, in respect to the matter in question, are "as close as possible" or as similar as possible in order to apply the pertinent rule of law to the facts of the case.
For the avoidance of dispute, the term "relevant rule of law" implies any applicable rule of law that regulates the priority of charges created by an entity; it does not, however, include any statute regulating the precedence of such charges.
The rule of law is known as a system, procedure, or norm that upholds the equality of all the people in front of the law. It actually must ensure a form of governance that is not arbitrary.
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