Opie offers to sell hisguitar to Pinky for $100. Pnky agrees. They complete and sign a printed form that indudes, near the blanks for their signatures, the word 'seal "A formal contract"
The correct answer is b.
A formal contract is a binding and enforceable agreement between two parties. A contract must have an offer, an acceptance of the offer, and payment for the services or goods given in order to be legally enforceable.
While it is not necessary for a contract to be in writing in order to be enforceable, a formal contract does express all of the important aspects of the parties' agreement in writing.
A formal contract can be enforced in court, whereas an informal contract cannot. Also since it explicitly lays forth the terms of the agreement, a written contract gives both parties more certainty than a verbal one.
The correct answer is b.
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CH. 5 // stops differ from arrests in that:A. They always lead to a frisk or more invasive searchB. They produce written records of the police actionC. They occur in public places and are shorter in durationD. They are always shorter in duration
Stops differ from arrests in that they occur in public places and are shorter in duration.
Stops are temporary detentions where police officers detain and question a person briefly based on reasonable suspicion. Unlike arrests, stops do not require a warrant or probable cause. They also do not always lead to a frisk or more invasive search, and may not produce written records of the police action. Arrests, on the other hand, involve taking a person into custody based on probable cause and require a warrant or exigent circumstances.
Arrests also produce written records and may lead to searches and seizures of evidence.
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The Center for American Progress and the Heritage Foundation often use ______ to promote a preferred policy.A. scientific policy analysis B. professional policy analysisC. political policy analysis D. program evaluation
Political policy analysis is a common tool used by the Heritage Foundation and the Centre for American Progress to advance a chosen policy. Here option C is the correct answer.
The Center for American Progress and the Heritage Foundation are both think tanks that aim to influence policy decisions in the United States. They use various methods to promote their preferred policy, but one of the most common is through policy analysis.
Policy analysis is the process of evaluating policy options and their potential impacts. It involves gathering and analyzing data, identifying the strengths and weaknesses of different policy options, and making recommendations based on the analysis.
In the case of the Center for American Progress and the Heritage Foundation, they often use political policy analysis to promote their preferred policy. Political policy analysis involves taking into account the political context in which the policy is being considered, including the political beliefs and values of key decision-makers, public opinion, and the political feasibility of different policy options.
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Arkansas law makes it illegal to drive, or to be a front-seat passenger, without wearing safety belts? (T/F)
The given statement "Arkansas law makes it illegal to drive, or to be a front-seat passenger, without wearing safety belts" is true as Arkansas law requires drivers and front-seat passengers to wear safety belts while in motion.
According to Arkansas law, everyone in the front seats and the driver must buckle up when the car is moving. Additionally, when riding in a vehicle, all children under the age of 15 must be properly restrained in a child safety seat or booster seat.
Additionally, texting and emailing while operating a moving vehicle are illegal in Arkansas. It is allowed to make phone calls on a handheld device, but only when the driver is using a hands-free system. Fines and/or points on the driver's license may be assessed for violations of these laws.
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When parking in a handicap parking space, you can use another person's "special certificate" to park your vehicle as long as you are disabled. (T/F)
Answer:
Explanation:
False. Handicap parking spaces are reserved for individuals with disabilities who have a valid and current handicap parking permit or license plate. It is illegal to use another person's handicap parking permit or license plate, even if the person using it is also disabled. Each permit or plate is assigned to a specific person and cannot be transferred or used by anyone else. This is because misuse of handicap parking permits or license plates can prevent those who truly need them from accessing the designated parking spaces.
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Which evidence is protected by the Fifth Amendment?A. WeaponsB. StatementsC. Appearance in a lineupD. Fingerprints
Answer:
The evidence protected by the Fifth Amendment of the United States Constitution is statements made by an individual. This amendment protects individuals from self-incrimination and prohibits the government from compelling a person to provide testimony or statements that could be used against them in a criminal case. Therefore, individuals have the right to remain silent and not provide self-incriminating statements to law enforcement officials or in a court of law. The Fifth Amendment does not protect physical evidence such as weapons, fingerprints, or appearance in a lineup.
Explanation:
The first question to ask and fourth amendment cases is whether the:A. Officer action was a stop and friskB. Officer action was unreasonableC. Fruit of the police action (what is obtained from its actions) should be excluded.D. Police were investigating a serious crime
The first question to ask in Fourth Amendment cases is whether the officer action was unreasonable. B.
The Fourth Amendment protects individuals from unreasonable searches and seizures by the government, including law enforcement officers.
If the officer's action was deemed unreasonable, any evidence obtained from that action may be excluded as "fruit of the poisonous tree" in legal proceedings.
The officer's action was a stop and frisk, whether the fruit of the police action should be excluded, and whether the police were investigating a serious crime may be relevant to the analysis of whether the officer's action was reasonable, but they are not the first question to ask.
Individuals are protected by the Fourth Amendment from arbitrary government searches and seizures, including those conducted by law enforcement personnel.
Any evidence gathered as a result of the officer's improper behavior may be disregarded as "fruit of the poisonous tree" in court proceedings.
If the police were investigating a severe crime, whether the officer's activity constituted a stop and frisk, and if the fruit of the police action should be excluded, they may be important to the consideration of whether the officer's behavior was reasonable, but they are not the first question to ask.
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CH.7 // The Fourth Amendment:A. applies only to criminal casesB. protects just those in criminal casesC. limits the right to search to the gathering and use of evidence in criminal casesD. includes searches which go beyond the needs of criminal law enforcement
The "4th-Amend-ment" of "US-Constitution" : (d) includes searches which go beyond needs of criminal-law enforcement.
The "4th-Amendment" of "US-Constitution" protect it's indi-viduals from 'un-reasonable-searches" and seizures by government. It applies to all individuals, regardless of whether they are involved in criminal cases or not.
The 4th Amendment sets limits on the power of the government to search and seize individuals, their homes, and their property. It applies to all searches and seizures by the government, not just those related to criminal cases.
This Amendment prohibits the un-reasonable searches and seizures, which includes searches and seizures that go beyond the needs of criminal law enforcement. This means that searches and seizures that are motivated by reasons other than law enforcement, such as harassment or punishment, are prohibited by the Fourth Amendment.
Therefore, the correct option is (d).
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The given question is incomplete, the complete question is
The Fourth Amendment :
(a) applies only to criminal cases
(b) protects just those in criminal cases
(c) limits the right to search to the gathering and use of evidence in criminal cases
(d) includes searches which go beyond the needs of criminal law enforcement
Why must higher education pass rate be lowered to 30%
Answer:
I guess it depends on the goals of a university system.
If I am doing my math correctly, the set pass rate at my university when I started was around 29%. We were told that the bottom third would be flunked out each year. I do not remember the actual pass rate.
There is an advantage to that for university graduates, as a university degree now means more of an accomplihment, rather than that meaning somebody just hung around for four to six years.
There is a financial disadvantage to the college, in that those students who are being kicked out are no longer paying tuition and fees.
Explanation:
Answer:
If we scrap the 30% pass mark, our expectation of each Grade 12 learner is: Choose your NSC subjects wisely and get the best marks that you can in all your subjects. The higher your marks, the more opportunities for further study and work will open up for you. You can’t fail as there is no ‘pass mark’. Whatever marks you get, those marks are printed on your NSC certificate.
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If the violation is willful, the maximum penalty is (?) for each act.
The maximum penalty for a willful violation depends on the specific law or regulation that has been violated.
Different laws and regulations carry different penalties for willful violations. In some cases, the penalty may be a fine, while in other cases, it may include imprisonment or other legal consequences.
Under US federal law, willful violations of certain environmental regulations can result in fines of up to $50,000 per day of violation, while willful violations of certain occupational safety regulations can result in fines of up to $134,937 per violation.
It's important to consult the relevant law or regulation to determine the specific penalty for a willful violation.
For willful infractions of certain laws and regulations, different punishments apply. The punishment might range from a fine in certain circumstances to incarceration or other legal repercussions in others.
Federal law in the US allows for fines of up to $50,000 per day for willful violations of some environmental rules and up to $134,937 per violation for willful violations of several occupational safety standards.
To find out the precise punishment for a willful infringement, it's essential to examine the pertinent statute or regulation.
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what is the minimum property coverage requirement for an auto insurance policy on a ca vehicle
Answer:
In California, the minimum property damage coverage requirement for an auto insurance policy is $5,000. This means that if you cause an accident and damage someone else's property, your insurance policy will cover up to $5,000 of the cost of repairs or replacement. However, it is important to note that this minimum coverage may not be sufficient in many cases, especially if the damage caused is significant. It is often recommended that drivers consider purchasing additional coverage beyond the state's minimum requirements to protect themselves from financial liabilities in the event of an accident.
Explanation:
True or false: The right to appeal after conviction is guaranteed in the Constitution.
Answer: true
Explanation: Defendants convicted of criminal offenses have the right to appeal their convictions or their sentences. An appeal is a defendant's request that an unfavorable ruling be reviewed. The right to appeal is established by statute or constitutional provision, but it does have limits
It is accurate to say what it says. The Constitution ensures that a person who has been convicted may appeal.
What is an appeal?An appeal is not a second trial, but rather a chance for the defendant to argue against specific mistakes that might have been made during the trial.A typical appeal is that the judge's decision, such as whether to withhold particular evidence or to impose a particular penalty, was erroneous. The mayor urged the city's residents to maintain their composure.We gave to the school's annual appeal. She assisted in planning an appeal on behalf of the homeless. My attorney advised that we seek an appeal because the court's ruling was incorrect.losing party in litigation may take their case on appeal to a higher court. The higher court then checks the case for legal mistakes.To learn more about apeal, refer to:
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A ________________ opinion is NOT a type of opinion that can be issued by an appellate court.A. concurringB. majorityC. pluralityD. judgment
While appellate courts issue various types of opinions, a "judgment" is not considered a separate type of opinion. Here option D is the correct answer.
An appellate court is a court of law that hears appeals from lower courts or administrative agencies. When an appellate court reviews a case, it may issue an opinion, which is a written explanation of its decision. The opinion may be written by one judge or by a panel of judges who hear the case together.
Of the four options provided, a "judgment" is not a type of opinion that can be issued by an appellate court. A judgment is a final decision or ruling in a case, which may include an opinion explaining the reasoning behind the decision, but it is not considered a separate type of opinion.
On the other hand, the three other options listed are all types of opinions that appellate courts may issue. A "majority" opinion is the opinion of the majority of the judges on the panel who heard the case.
A "plurality" opinion is an opinion issued when no single opinion received the support of a majority of the judges, but a larger number of judges agreed with one opinion than any other. A "concurring" opinion is written by a judge who agrees with the outcome of the case but for different reasons than those stated in the majority opinion.
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The U.S. Constitution provides that no person shall be deprived of "life, liberty, or property without due process of law." Under this clause, "persons" include
a. humans and other "beings in nature"
b. American citizens only
c. corporations, businesses, and other "legal persons"
d. none of the above
Option A, B, and C are correct, "persons" under this clause include humans and other "beings in nature", American citizens, and legal persons such as corporations, businesses, and other entities recognized under the law.
According to the United States Constitution, no one shall be deprived of "life, liberty, or property without due process of law." Humans and other "beings in nature" are considered "persons" under this article, as are American citizens and legal persons such as corporations, businesses, and other entities recognised by law.
The Fifth Amendment's Due Process Clause applies to the federal government, whereas the Fourteenth Amendment's Due Process Clause applies to the states. These provisions ensure that all individuals, whether citizens, noncitizens, or legal persons, have the right to due process before being deprived of their life, liberty, or property.
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What is the most widely used depressant?
Answer:
The most widely used depressant is alcohol. Alcohol is a psychoactive substance that is commonly consumed in various forms, such as beer, wine, and spirits. It is classified as a depressant because it slows down the central nervous system, resulting in sedative effects. Alcohol is legal and regulated in many countries, and it is often used socially, recreationally, or for relaxation purposes. However, it is important to note that excessive or prolonged use of alcohol can have negative health effects, including addiction, liver damage, and other health complications. It is always advisable to consume alcohol responsibly and in moderation, if at all, and to seek professional help if you have concerns about alcohol use.
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What is the name of the legal principle that "ensures that the judicial system is the same for every defendant?"
Answer:
Precedent is incorporated into the doctrine of stare decisis and requires courts to apply the law in the same manner to cases with the same facts. Some judges have stated that precedent ensures that individuals in similar situations are treated alike instead of based on a particular judge's personal views.
Explanation:
Which Act requires the EPA to regulate the discharge of pollutants into waterways?
The Clean Water Act (CWA) is a federal law that requires the Environmental Protection Agency (EPA) to regulate the discharge of pollutants into waterways.
The CWA was originally passed by Congress in 1972, to restore and maintain the chemical, physical, and biological integrity of the nation's waters. Under the CWA, the EPA is responsible for establishing water quality standards for all contaminants in surface waters and for regulating discharges of pollutants from point sources, such as factories and wastewater treatment plants. The EPA also works with states and tribes to develop and implement programs to protect and restore water quality.
The Clean Water Act has been amended several times since its original passage, with the most recent amendments occurring in 1987. These amendments added new provisions to address non-point source pollution, toxic pollutants, and wetlands protection, among other issues.
In summary, the Clean Water Act is the law that requires the EPA to regulate the discharge of pollutants into waterways, to protect and restore the quality of the nation's waters.
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what is the most common traffic conviction for young CA drivers
The most common traffic conviction for young California drivers is speeding. According to the California Department of Motor Vehicles (DMV), speeding is the most common traffic violation committed by drivers under the age of 21.
Young drivers, especially those who are new to driving, may be more likely to speed due to their inexperience, lack of judgment, or overconfidence.
Speeding is a serious traffic violation that can lead to accidents, injuries, and fatalities.
Other common traffic violations for young California drivers include reckless driving, driving under the influence (DUI), and distracted driving. These violations can also have serious consequences and can result in fines, license suspension, and even criminal charges.
It is important for young drivers to understand the rules of the road and to drive safely and responsibly to avoid traffic violations and accidents.
They should also be aware of the potential consequences of traffic violations and take steps to prevent them.
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Which countries have not signed UNCLOS (United Nations Convention on the Law of the Sea) ?
Imagine that you have just been elected as a member of the legislative branch of the federal government. You are now charged with representing your state’s interests in Washington, DC. Brainstorm issues that are important to you and the people of your state. What legislation could you draft related to one of these important issues? What would you title your new bill? How would the passage of this bill make a difference to your state?
Answer:
To identify issues that are important to your state, you could conduct research on state-level statistics, public opinion polls, and news articles. Some issues that may be relevant to many states include:
Economic development: Creating jobs, supporting small businesses, and attracting investment.
Education: Improving access to quality education, reducing student debt, and supporting teachers.
Healthcare: Expanding access to affordable healthcare, reducing prescription drug costs, and addressing the opioid epidemic.
Infrastructure: Improving roads, bridges, and public transportation systems, as well as expanding broadband access.
Environment: Protecting natural resources, addressing climate change, and promoting clean energy.
Once you have identified an issue of particular importance to your state, you could draft legislation related to that issue. The title of the bill should be clear and descriptive of its purpose. For example, if you were drafting a bill related to improving access to healthcare, you could title it the "Affordable Healthcare Access Act." The bill could include provisions such as:
Expanding Medicaid coverage to low-income individuals and families.
Allowing Medicare to negotiate drug prices with pharmaceutical companies.
Providing funding for clinics in rural and underserved areas.
Supporting research on new treatments and cures for diseases.
The passage of this bill could make a difference to your state by improving the health outcomes of its residents, reducing healthcare costs, and providing economic benefits to healthcare providers and other businesses. It could also help address broader national issues related to healthcare access and affordability.
Explanation:
True or False: Criminal justice is defined as the system of law enforcement, adjudication, and correction that is directly involved in the apprehension, prosecution, and control of those charged with criminal offenses.
True: Criminal justice is defined as the system of law enforcement, adjudication, and correction that is directly involved in the apprehension, prosecution, and control of those charged with criminal offenses.
Prosecutors are typically lawyers who possess a law degree, and are recognised as suitable legal professionals by the court in which they are acting. This may mean they have been admitted to the bar, or obtained a comparable qualification where available - such as solicitor advocates in England and Wales. They become involved in a criminal case once a suspect has been identified and charges need to be filed. They are employed by an office of the government, with safeguards in place to ensure such an office can successfully pursue the prosecution of government officials. Multiple offices exist in a single country, especially in those countries with federal governments where sovereignty has been bifurcated or devolved in some way.
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In building probably cause, police officers may rely on what they:A. see and hear onlyB. see, hear, and smell onlyC. see, hear, and taste onlyD. see, hear, smell, and taste
In building probable cause, police officers may rely on what they see, hear, smell, and sometimes touch, but not taste.B
Probable cause requires a reasonable belief that a crime has been or is being committed, based on the totality of the circumstances.
Police officers use their senses to gather information and make observations about the situation, such as observing the behavior of the suspect, smelling the odor of drugs or alcohol, hearing sounds that suggest criminal activity, and sometimes touching an object to determine if it is contraband.
Police officers may use their senses to build probable cause, they must also ensure that their actions are reasonable and comply with the Fourth Amendment of the U.S. Constitution, which prohibits unreasonable searches and seizures.
The use of physical force or invasive techniques, such as tasting a substance, would generally not be considered reasonable unless there are exceptional circumstances and legal justification for doing so.
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Why does Hamilton argue that a plural executive would lead to an abuse of power?
Hamilton argues that a plural executive, which consists of multiple individuals sharing the executive power, would lead to an abuse of power because it would create a lack of accountability and unity.
Hamilton believed that a single executive would be more effective in ensuring that the government acted in the best interest of the people, as there would be clear lines of responsibility and decision-making. With a plural executive, there would be no one person ultimately responsible for the actions of the executive branch, which could lead to confusion and a lack of accountability. Additionally, Hamilton feared that a plural executive could lead to political factions forming and competing for power, which could further divide the country and lead to corruption.
Ultimately, Hamilton believed that a strong, single executive was necessary for maintaining the stability and integrity of the government.
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the NIMS management characteristic of chain of command and unity of command means that
The NIMS management characteristic of chain of command and unity of command means that from the highest levels of the organization all the way down to the lowest there is a distinct and unbroken line of authority.
Everyone in the organization is aware of their immediate supervisor and who they report to thanks to the chain of command. Each employee in the company only reports to one direct supervisor. according to the concept of unity of command.
This system aids in making quick, effective decisions while ensuring that everyone is working toward the same goals and objectives. For efficient communication, coordination and decision making during emergencies, a clear chain of command and unity of command are essential.
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The first part of a writ of assistance, where royal agents can search anyone, anywhere, anytime, it's referred to as a ___________ warrant.A. GeneralB. Constitutional C. PrivacyD. Specific
The first part of a writ of assistance, where royal agents can search anyone, anywhere, anytime, is referred to as a general warrant.
A general warrant is a type of warrant that does not specify a particular person or place to be searched or seized, but rather gives law enforcement officials broad authority to search and seize property. General warrants were commonly used in colonial America by British authorities to search for smuggled goods, and they were a major source of tension between colonists and the British government.
The use of general warrants was later outlawed in the United States by the Fourth Amendment to the Constitution, which requires that warrants be supported by probable cause and specify the place to be searched and the things to be seized.
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When changing lanes you should always check your mirrors and look over your shoulder: (T/F)
The statement " When changing lanes, you should always check your mirrors and look over your shoulder" is true because it ensures that moving into the next lane is safe.
The correct answer is true.
Mirrors help provide a general idea of the traffic around you, but they may not show all potential hazards, such as a vehicle in your blind spot. Looking over your shoulder can help you identify any hazards that may not be visible in your mirrors. This is especially important when changing lanes, as you want to ensure that there are no other vehicles in your blind spot that could cause a collision.
It is essential to use all available tools to check for potential hazards when changing lanes, including mirrors and looking over your shoulder. Doing so can help ensure the safety of yourself and other drivers on the road.
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In the most common form of city government, what functions as the executive branch?
In the most common form of city government, known as the council-manager form of government, the executive branch is composed of a mayor and a city manager.
The mayor is elected by the people and is responsible for representing the interests of the city and its citizens. The mayor is the political head of the city, presiding over city council meetings, representing the city at public events, and serving as a spokesperson for the city.
The city manager is chosen by the city council and is the city's chief executive officer. The city manager is responsible for the day-to-day operations of the city, including overseeing the city budget, managing departments and personnel, and implementing the policies of the city council.
The city manager is also responsible for ensuring that the municipality meets its legal and financial obligations. The city manager and mayor often work together to ensure that the city is functioning efficiently and effectively.
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The level of care expected of a reasonable person under similar circumstances in meeting one's fiduciary duty is called: A. Duty of loyaltyB. Duty of careC. TransparencyD. Fairness
The level of care expected of a reasonable person under similar circumstances in meeting one's fiduciary duty is called B. Duty of Care.
This principle refers to the obligation of a fiduciary, such as a director or trustee, to act responsibly and make decisions in the best interest of the organization or beneficiaries they serve. Duty of Care requires fiduciaries to exercise reasonable diligence, competence, and skill when managing resources, making decisions, and providing oversight. It ensures that they act in good faith, avoid negligence, and remain informed about relevant issues.
This duty contrasts with A. Duty of Loyalty focuses on putting the organization's interests ahead of personal interests and avoiding conflicts of interest. C. Transparency and D. Fairness are important values in fulfilling fiduciary responsibilities, but they are not specific legal duties. Transparency refers to open and honest communication, while fairness ensures that decisions are made objectively and without bias.
In summary, Duty of Care is the key principle that outlines the level of care expected from fiduciaries in fulfilling their responsibilities. It emphasizes the need for responsible decision-making and oversight while considering the interests of the organization and its beneficiaries. Therefore the correct option is B
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As opposed to elite and group theory, public choice theory focuses ona. individuals.b. large groups.c. voters.d. legislators.
As opposed to elite and group theory, public choice theory focuses on a. individuals.
Public choice theory emphasizes the actions and decisions of individuals in the political process, particularly in regards to their own self-interest and rational behavior. This is in contrast to elite and group theory, which suggest that a small group of elites or interest groups hold significant power and influence in shaping political outcomes. This approach considers individual preferences and behavior as the foundation for understanding decision-making in the political process.
Public choice theory also places emphasis on the role of voters and legislators, but ultimately sees their actions as being driven by individual incentives and preferences.
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CH. 4 // The objective basis for stops and frisk is:A. The same as for arrestsB. Higher than for arrestsC. Lower than for arrestsD. The same as fourfull searches of a person
The objective basis for stops and frisk is lower than for arrests. This is because stops and frisks are based on "reasonable suspicion" rather than the "probable cause" required for arrests.
This means that law enforcement officers must have a reasonable suspicion that a person is involved in criminal activity in order to stop and frisk them, but the level of suspicion required is not as high as the probable cause required for an arrest. Stops and frisks are a means of briefly detaining a person for investigation, while full searches of a person require a higher level of suspicion or a warrant.
Thus, the correct answer is C.
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The stakeholder view emphasizes the obligations of management to: A. The shareholdersB. The shareholders and creditorsC. All parties impacted by corporate decisions in a significant wayD. The board of directors
The stakeholder view emphasizes the obligations of management to C. all parties impacted by corporate decisions in a significant way.
This approach acknowledges that a company's success relies not only on its shareholders and creditors, but also on a broader range of stakeholders, such as employees, customers, suppliers, and the local community. By considering the interests of all these groups, management can make more informed decisions that balance various needs and contribute to the long-term sustainability of the company. This perspective encourages businesses to be responsible corporate citizens and fosters positive relationships with stakeholders, ultimately benefiting the company's reputation and financial performance.
In contrast, a shareholder-focused view prioritizes the interests of shareholders above all others, which can sometimes lead to short-term gains at the expense of long-term sustainability. By adopting a stakeholder-oriented approach, management can address the concerns of multiple groups, promoting a more stable and prosperous business environment for all involved. Therefore the correct option is C
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