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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Probation officers primarily work with
a. victims of crime
b. offenders
c. legal and court officials
d. law enforcement officials
In 1735 the new york city trial of editor john peter zenger helped establish the principle that.
The New York City trial in 1735 of editor John Peter Zenger's case demonstrated that the truth cannot be false and misleading.
The case is significant because it established the principle, which is now firmly established in US law, that factual information cannot be defamatory. In the People v. Croswell (New York 1804) case, Alexander Hamilton used this argument to defend Harry Croswell against claims of criminal libel for allegations he made regarding President Thomas Jefferson. The notion was later embedded into New York and laws in other states.
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Section C
Write appropriate examples, write short
notes on the following
1. Media law
2. Ethics
3. Constitutional Law
4. Normal Legal Exposure
1. Media law- Media Law is defined as "The legislation through which governments regulate the mass media. It includes issues of censorship, copyright, defamation, broadcast law, and antitrust law.
2. Ethics- Ethics, for example, refers to those standards that impose reasonable obligations to refrain from stealing, murder, assault, slander, and fraud.
3. Constitutional Law- Freedom of speech; Freedom of religion; The right to bear arms; Freedom from unreasonable search and seizure; Protection from self-incrimination; Due process of law and the right to a trial by jury; and Equal protection.
4. Normal Legal Exposure- Normal Legal Exposure means exposure which is expected to be received under normal operating conditions of an installation or a source, including possible minor mishaps that can be kept under control.
Freedom is the strength or proper to behave, talk, or assume as one desires without difficulty or restraint, and inside the absence of a despotic government.
Freedom is the power of a sentient being to exercise its will.
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QUESTION 4
The concept of "truth-in-sentencing" is closely associated with which perspective
O a. nonintervention.
O b. rehabilitation.
O c.justice.
O d. crime control.
The concept of "truth-in-sentencing" is closely associated with the perspective of a. nonintervention.
What is "truth-in-sentencing"?"Truth-in-sentencing" is a legal requirement that offenders serve a minimum of 85% of their original sentence before they are considered for parole or early release.
The purpose of "truth-in-sentencing" laws is to ensure that criminal convicts serve a substantial portion of their sentences.
"Truth-in-sentencing" also reduces the discrepancy between an imposed prison sentence and the actual time served.
Thus, the concept of "truth-in-sentencing" is closely associated with the perspective of a. nonintervention until a convict has served the minimum time.
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Why was the 6th amendment created?
*In your own words*
Answer:
The 6th amendment was created for the sake of making sure the accused will be able to have a fair trial. Without these regulations, then it would not be fair for the accused, because there would not be much to stop outside parties to make it unfair, as the jury could be completely biased, which would not be fair to the accused in that situation.
(P.S. I do not study law, and have only looked at a summary of the 6th amendment, as well as 'Amdt6.5.5.2' from https://constitution.congress.gov/, so take my words with a grain of salt.)
when a judge issues an injunction or orders specific performance, this is an example of the judge’s power.
When a judge issues an injunction or orders a specific performance, this is an example of the judge’s power: TRUE
Who is a judge?A judge is a person who, either alone or as part of a panel of judges, presides over court proceedings. A judge hears all of the witnesses and any other evidence presented by the case's barristers or solicitors, evaluates the parties' credibility and arguments, and then issues a ruling in the case based on their interpretation of the law and their own personal judgment. A judge is expected to preside over the trial impartially and in public.Judges' powers, functions, methods of appointment, discipline, and training differ greatly across jurisdictions. The judge's powers may be shared with a jury in some jurisdictions. The presiding judge is responsible for ensuring that all court proceedings are lawful and orderly.A judge's power is demonstrated when he or she issues an injunction or orders a specific performance.Therefore, the statement "when a judge issues an injunction or orders a specific performance, this is an example of the judge’s power" is TRUE.
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The complete question is given below:
when a judge issues an injunction or orders specific performance, this is an example of the judge’s power. TRUE or FALSE
According to the lesson, _____ percent of texans say that, by law, a woman should always be able to obtain an abortion as a matter of personal choice?.
The lesson claims that 38% of Texans believe that a woman should always be permitted to have an abortion as a matter of personal choice.
Below are the necessary abortion-related details.
Explain abortion.Abortion is the word used when a pregnancy is ended in order to avoid giving birth.
BPAS provides assistance to women who become pregnant unintentionally or by mistake. Numerous women who have determined that having an abortion is the best course of action receive treatment from us, and we also offer advice and counseling to those who are unsure of what to do next.
The removal or evacuation of an embryo or fetus in order to end a pregnancy is referred to as "abortion." Miscarriages, commonly referred to as "spontaneous abortions," are spontaneous abortions that occur in 30% to 40% of pregnancies.
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The most powerful type of congressional committee are known as________Such committees are the only committee with ability propose and write legislative bills.
Conference committee
Special Committee
Joint Committee
Standing Committee
The most powerful type of congressional committee are known as standing committees. Such committees are the only committee with the ability propose and write legislative bills.
The four types of committees in Congress are standing committes, joint, and conference. Standing committees are permanent committees which are generally more powerful than other committees. These committees are with the ability propose and write legislative bills.
Standing Committees are constituted from time to time in pursuance of the provisions of an Act of Parliament or Rules of Procedure and Conduct of Business in Lok Sabha. Thus, the work of these Committees is of continuous in nature.
Hence, option D is correct.
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What is the key difference between the constitutional courts and the special courts?.
The main distinction between the constitutional courts and the special courts is that the former only hear cases in a very limited range of circumstances, and their judges are appointed for a set period of time, whereas the latter's primary function is to determine whether challenged laws are, in fact, unconstitutional.
When it comes to interpreting, defending, and upholding the Constitution, the Constitutional Court is referred to as the highest court in the nation. The constitutional courts only deal with constitutional issues, such as situations that raise concerns about how the Constitution should be applied or interpreted.
A special court is a sort of court that is founded outside of the regular judicial system, has judges that are recruited irregularly, and uses an irregular process for making decisions.
In conclusion, the main distinction between the constitutional courts and the special courts is that the former only have a very limited range of jurisdiction and their judges are appointed for a set term, whereas the latter have the primary responsibility for determining whether contested laws are, in fact, unconstitutional.
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once a defendant is found guilty, they can make a number of post-verdict motions. almost all post-verdict motions are granted.
The statement is false. Once the defendant is found guilty in the court, they cannot make a post-verdict motions. It is also not true that almost all post-verdict motions are granted.
When a mistrial is declared, the defendant can still be tried again, and if convicted, he or she has the right to appeal the judge's decision to admit disputed evidence.
A defendant who has been found guilty may appeal the decision on the grounds that the evidence used in court was obtained illegally. The main argument in appeals is that the defendant's constitutional and due process rights were violated.
A criminal appeal could be made if any of the following occurred:
Evidence that shouldn't have been allowed was admittedEvidence that should have been allowed was notSituations where a defense appeal submitted after the decision is permitted include:
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List the advantages of legal convergence. Enumerate obstacles to legal convergence. Enumerate the approaches to legal convergence. List and explain the three strategies currently hoped to accelerate legal convergence. What is legal divergence?
In 1735 the new york city trial of editor john peter zenger helped establish the principle that.
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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You are 21 years old and a German citizen, but a permanent resident of the U.S. You moved to Miami Florida with your parents when you were 4 years old. You have just graduated from college with degrees in English and History. You spent two months last summer in Mexico working with some friends. You have never been arrested or been in the military. Can you become a naturalized citizen? (Yes or No) Explain Why or Why not?
Since you have remained a permanent resident in the United States for more than 5 years (17 years in this case), you can become a naturalized citizen.
What does it take to become a naturalized citizen?After being a permanent resident in the U.S. for five years, one can apply to become a naturalized citizen.
The requirements for becoming a naturalized citizen of the U.S. include:
At least 18 years oldBeing a permanent resident for at least 5 years (or 3 years if you are married to a U.S. citizen)One honorable military serviceKnowledge of U.S. civicsEnglish language proficiencyWillingness to swear allegiance to AmericaMeeting all other eligibility requirements.Thus, you can become a naturalized citizen having met the major requirements.
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How often must landlords repair damaged window screens?
Answer:
The landlord, at commencement of the tenancy, must ensure that screens are installed in a reasonable condition. Thereafter, the landlord must repair damage to screens once annually, when necessary, until termination of the rental agreement.
Answer: Once anually
Explanation:
The landlord, at commencement of the tenancy, must ensure that screens are installed in a reasonable condition. Thereafter, the landlord must repair damage to screens once annually, when necessary, until termination of the rental agreement
Detailed statements regarding the first advent can be found throughout the entire old testament. true or false
The above statement is true.
Christ's first advent was when He entered this world as a real human being to rescue sinful mankind. He is the only begotten Son of God.
The Old Testament is the first part of the Bible, and it begins with the creation of the Earth, continues with Noah and the deluge, Moses, and other events, and ends with the expulsion of the Jews to Babylon. The Hebrew Bible, which has its roots in the antiquity of Judaism, is extremely similar to the Old Testament of the Bible.
A few Old Testament prophecies speak about Christ's first advent, when He was born as a person. Others focus on the second advent, which mentioned Messiah's greatest victory.
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There are four different aspects of a decision that a business should evaluate in order to maximize profits and be a good corporate citizen. In evaluating the first of the four factors, grey should determine whether his failure to report the results to the food and drug administration is a violation of.
Answer:
1. The legal implications of the decision
2. The public relations impact
3. The safety risks for consumers and employees
4. The financial implications.
Explanation:
In evaluating the first of the four factors, gray should determine whether his failure to report the results to the food and drug administration is a violation of safety and risks of customers and employees.
What is the significance of food and drug administration?Food and drug administration is a practice conducted by federal or state authorities in order to ensure the safety measurements and hygiene concerns in the preparation of foods as well as drugs for medical consumption of the consumers throughout the United States.
The producers of food and drugs are under an obligation to comply with the rules and regulations given under the laws related thereto. This is done to ensure that the safety and risks of customers as well as workers are not violated.
Therefore, the significance regarding food and drug administration has been aforementioned.
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Methadone programs are closely associated with the drug control policies of which perspective on justice?
O a. due process perspective.
O b. restorative justice perspective.
O c. nonintervention perspective.
O d. rehabilitation perspective.
Methadone programs are closely associated with the drug control policies of d. rehabilitation perspective on justice.
What are the perspectives on justice in the criminal process?The criminal process, which focuses on investigation and arrest, pretrial activities, adjudication, sentencing, and corrections, exercises three perspectives on justice.
The perspectives of the criminal process on justice include crime control, the protection of society, the punishment of offenders, and the rehabilitation of criminals.
Specialized drug courts handle drug control policies, using methadone programs.
Thus, methadone programs are closely associated with the drug control policies of d. rehabilitation perspective on justice.
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it can be difficult to predict with certainty how a court will apply a given law to a particular action.
It is true to claim that it can be difficult to predict with certainty how a court will apply a given law to a particular action.
Companies cannot guarantee decisions as ethical by putting their own interpretation of the law in writing because it may be unclear how a court will interpret and apply a law.
Additionally, predicting a court case's outcome is challenging due to judicial error.
The typical justifications include the ambiguity of the evidence at hand, the complexity of the applicable law, the caliber of the prosecution's case, the unknowable biases of the evidences, and so forth.
Be aware, however, that because not all ethical requirements are codified in law, compliance with the law is not always sufficient to determine what constitutes "right" behavior.
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law a: it depends on observable evidence. law b: it does not focus on a natural phenomenon. based on these characteristics, what can you conclude about law a and law b?
Law A is scientific while Law B is societal. A scientific law describes relationships among observable phenomena or observable evidence. Whereas the societal law is enforced by other people and it does not focus on a natural phenomenon.
Because societal laws are kind of legalistic, they are imposed upon us. They basically decide what is and is not allowed. The laws that govern and maintain order in society are known as social laws, and they are created based on the morality of the time. These laws evolve along with the collective human mind.
Meanwhile, scientific laws describe everything we see; they are entirely descriptive. The physical world is governed by scientific laws. A scientific law can only be altered by our environment. They can be relied upon to be correct and true.
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if laboratory reports are used in the prosecution of a case without any opportunity for the defense attorney to cross-examine the forensic scientists who produced the reports, this is a violation of the sixth amendment’s right.
If laboratory reports are used in the prosecution of a case without any opportunity for the defense attorney to cross-examine the forensic scientists who produced the reports, this is a violation of the sixth amendment confrontation right.
What is the sixth amendment confrontation right?The Sixth Amendment guarantees the right of a person accused of a crime to confront a witness against him or her in a criminal action. This includes the right to attend the trial (which is guaranteed by the Federal Rules of Criminal Procedure Rule 43). The Sixth Amendment protects criminal defendants' rights, including the right to a speedy public trial, the right to counsel, the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence against you. If laboratory reports are used in the prosecution of a case without allowing the defense attorney to cross-examine the forensic scientists who produced the reports, the sixth amendment confrontation right is violated.Therefore, if laboratory reports are used in the prosecution of a case without any opportunity for the defense attorney to cross-examine the forensic scientists who produced the reports, this is a violation of the sixth amendment confrontation right.
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The correct question is given below:
If laboratory reports are used in the prosecution of a case without any opportunity for the defense attorney to cross-examine the forensic scientists who produced the reports, this is a violation of the sixth amendment ___ rights.
A husband and wife own a vineyard as tenants by the entirety. Without consulting each other, the
husband transfers his interest in the vineyard to his brother by quitclaim deed, and the wife
mortgages her interest to her sister in exchange for a loan. What interest, if any, does the sister
have?
It may be adjudged that since the husband and wife both own interests in the property, the sister now has an interest in the property by virtue of the principle of real estate lien. Note however that the sister's interest is limited to the extent of the wife's interest in the property.
What is a real estate lien?
A lien refers to a legal claim against property that can be used as collateral to repay a debt. Depending on the type of debt owed, liens can be attached to real property, such as a home, or personal property, such as a car or furniture.
What is the implication of a lien?In this case, it means that if the property is liquidated, the sister will be satisfied to the full extent of the loan that the wife took from her.
In some cases, a clause that states "First Loss Payee" in favor of the person who now has interest, that is, the sister, will be inserted into the loan agreement transferring the interest on the property to the sister.
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What comprise a social class? how do clarify your family in terms of socio-economic status?
Answer:
social class, also called class , a group of people within a society who possess the same socioeconomic status. Besides being important in social theory, the concept of class as a collection of individuals sharing similar economic circumstances has been widely used in censuses and in studies of social mobility.
Explanation:
On what day does the constitution state that a new president shall be inaugurated? which amendment establishes this? when must the new congress meet?.
On January 20th the constitution states that a new president shall be inaugurated and this was established by the 20th amendment.
The 20th amendment drawn from the Constitution is specifying the particular term of as being each elected President of the United States. It begins at noon time which is on January 20 of every year followed by the election.
Twentieth Amendment is included in Section 2. As per the amendment, the Congress shall assemble or meet at least once each and every year so that such meeting shall be beginning at noon which will be on the third day of January unless they shall be appointed by law on a different day.
2Oth amendment is commonly known as the “Lame Duck Amendment”. The Twentieth Amendment was generally designed to remove the long period of time excessively so that a defeated president or a particular member of Congress would be continuing for the purpose of serving after his or her bid for reelection as it failed.
The Twentieth Amendment is an amendment proposed by U.S. Constitution that is setting the inauguration date for upcoming new presidential terms as well as the date for new congress sessions.
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The concept of federal law taking precedence over state or local law is commonly called the _____ doctrine.
Answer:
Preemption
Explanation:
ase Study
Sebastian Thaler was diagnosed with chronic tonsillitis. After having recurring symptoms for several years, he finally agreed to let Dr. Chang, a general surgeon, remove his tonsils. The anesthesiologist put Sebastian under, and when Sebastian awoke from the surgery his throat was still sore so he asked the nurse for some ice cream. The nurse informed him that he was not allowed to have ice cream after having his appendix removed. Sebastian, although still groggy from the anesthesia, insisted that it was his tonsils, not his appendix, which had been removed; he demanded to see Dr. Chang. When Dr. Chang arrived at Sebastian's room, he confessed that he had in fact accidentally removed Sebastian's appendix rather than his tonsils as planned. Sebastian had to undergo an additional surgery with a different doctor to have his tonsils removed.
Sebastian now wants to sue Dr. Chang for medical malpractice. Sebastian lives in Dade County, Florida. Dr. Chang lives in Broward County, Florida. The surgery took place at Palms Hospital, which is located in Palm Beach County, Florida.
can dade county hear the case
Tonsillitis is a painful, inflammatory condition brought on by an infection of the two oval-shaped tissue pads that make up your tonsils and are located in the back of your throat. Your doctor may advise taking painkillers until the infection and symptoms pass, depending on whether the infection is brought on by a virus or a bacterial infection.
Nicholas Rowan, MD, assistant professor of otolaryngology at John Hopkins Medicine in Baltimore, says that having recurrent tonsillitis doesn't always indicate that you have a "weak" immune system. Some of us are simply more prone to be vulnerable to specific sorts of diseases because we are all formed slightly differently.
Viruses, as opposed to bacteria, typically cause tonsillitis. According to Dr. Rowan, tonsillitis is typically caused by viral exposure, meaning that the risk increases the more viruses you are exposed to. He claims that teachers in primary schools are more susceptible to illness than those who work in offices or cubicles because they are frequently exposed to small children who are carrying viruses.
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Which statement about freedoms that each individual should have In American democracy is false?
Americans should have freedom
Americans should have worth.
Americans should have separate but equal facilities.
which of these is a kind of private court system in which parties may have their case heard before someone with judicial experience without waiting for the slower process of public justice? a. arbitration b. mediation c. summary jury trial d. rent-a-judge
Rent-A-Judge is an Alternative Dispute Resolution (ADR) and a private court system in which parties may have their case heard before someone with judicial experience without waiting for the slower process of public justice. Thus, the correct answer is letter D. Rent-A-Judge.
In civil cases, if someone is filthy rich and is in a mad rush, they can absolutely and legally hire their own judge instead of going through the country's backlogged court system.
It is widely speculated that the rent-a-judge system can resolve a dispute that would otherwise require a five-year trial. Unfortunately, private judging or private court system has been referred to as "legal apartheid".
Since arbitration is essentially just the most traditional form of ADR, it cannot be the answer. Additionally, the terms "mediation" and "summary jury trial" are incorrect because, in the former, a mediator meets with the parties and listens to each side's arguments, whereas, in the latter, the parties present their evidence to a judge and jury, who then render an advisory verdict to begin the settlement process.
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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.
By notifying the parents that birth defects were not genetic, the attending physician most presumably misdiagnosed the very first child's smith-lemli-opitz syndrome.
What exactly is the Smith-Lemli-Opitz syndrome?Smith-Lemli-Opitz syndrome is a neurocognitive disorder that affects several body systems.
This disorder is distinguished by distinctive facial characteristics, a limited brain size (microcephaly), cognitive impairment as well as learning disabilities, and behavioral difficulties.
In the given circumstance;
Given the birth of a second baby of Smith-Lemli-Opitz disorder, both parents have been most expected carriers for the syndrome's recessive gene.In that case, each of their children has a 25% chance of being affected.Thus, the chance of having two affected children from heterozygous parents is 0.25 × 0.25 = 0.0625, or a little more than 6%.
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under most state statutes, the prosecutor needs to prove two things to get a hate crime conviction. which is not one of the two requirements?
The offender profited from the crime is not one of the requirement when the prosecutor needs to prove to get a hate crime conviction.
To secure a conviction for a hate crime under the majority of state statutes, the prosecutor must demonstrate two elements or requirements:
The victim's individual qualities led to the crime being committed.The criminal did the deed.The Uniform Crime Reporting (UCR) recommendations were used for the Hate Crimes Statistics Act reporting requirements. Because of this, it is now simple to determine the precise number of hate crimes that are committed.
Bias crimes are offenses that are motivated by hatred against a victim based on race, religion, sexual orientation, ethnicity, or national origin. Hate crimes have historically targeted people of color (POC) and members of particular religious sects.
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Electronic hacking and illegal trespassing for the purposes of acquiring a competitor’s proprietary information is considered.
Electronic hacking and illegal trespassing for the purposes of acquiring a competitor’s proprietary information are considered economic espionage.
What is economic espionage?Economic espionage includes electronic hacking and illegal trespassing to obtain a competitor's proprietary information. Economic espionage is defined as the illegal or covert targeting or acquisition of sensitive financial, trade, or economic policy information; proprietary economic information; or technological information. Using bribery, cyber-attacks, "dumpster diving," and wiretapping. Creating seemingly innocent relationships with US companies in order to gather economic intelligence, including trade secrets.President Clinton signed the Economic Espionage Act of 1996 into law. It criminalizes the theft or misappropriation of trade secrets. It is notable for being the first federal statute to broadly define and severely punish such misappropriation and theft.
Therefore, electronic hacking and illegal trespassing for the purposes of acquiring a competitor’s proprietary information are considered economic espionage.
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