Michael Avenatti celebrity attorney was sentenced last week to 14 years in prison for tax evasion and stealing from clients.
California's SANTA ANA - For stealing millions of dollars from his clients, one of whom was a paraplegic with mental health issues, and for obstructing the IRS's efforts to collect more than $3 million in payroll taxes from an Avenatti-owned coffee shop, suspended plaintiffs' attorney Michael John Avenatti was sentenced today to 168 months in federal prison. United States District Judge James V. Selna gave Avenatti, 51, a sentence and noted that the former Newport Beach homeowner "has done significant wrong for which he must respond." Judge Selna sentenced the defendant to 14 years in prison, with the stipulation that the sentence run concurrently with two prior convictions totaling five years in the Southern District of New York.
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A decision that forms a potential basis for deciding the outcomes of similar cases in the future; a by-product of decisions made by trial and appellate court judges, who produce case law whenever they render a decision in a particular case
That would be the state's supreme court or the court of equal standing; it is the highest court in that specific state. There are numerous levels of courts, including trial courts, appellate courts, and supreme courts.
These courts have different levels of authority. In a hierarchical organization, the decisions of the upper court have an impact on the lower level courts. The supreme court is often the highest court, followed by the courts of appellate , trial, and special jurisdiction. As a result, the supreme court would not be the only one affected by the appellate court's ruling. All High Courts must abide by a Supreme Court ruling. The law announced by the Supreme Court shall be binding on all courts located within the territory of India, according to Article 141 of the Indian Constitution. The judge hears the evidence, determines whether evidence is pertinent, and makes binding decisions about which facts have been proven. Since the legislation already in place contains all the information necessary for appellate , judges cannot create new laws. A court does not make a decision about a case in a legal vacuum, but rather on the basis of current regulations, which both express and guide underlying legal principles.
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alternative dispute resolution refers to any method for resolving a dispute outside the court system
Alternative Dispute Resolution ("ADR") refers to any means of settling disputes outside of the courtroom. ADR typically includes early neutral evaluation, negotiation, conciliation, mediation, and arbitration.
In policy debate (also known as go-examination debate in some circuits, specifically the college Interscholastic League of Texas), the Affirmative is the crew that affirms the resolution and seeks to uphold it through growing, offering, and advocating for a coverage plan that satisfies the mandates of the resolution beyond an inexpensive doubt. by way of asserting the resolution, the Affirmative (frequently abbreviated "AFF" or "Aff") incurs the burden of proof, which should be met if the Affirmative's policy plan is to be successful. The negative facet, in evaluation, is the team that negates the confirmation. more especially, the negative (abbreviated "NEG" or "Neg") refutes the coverage plan this is supplied by the Affirmative.
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the purpose of the privacy function is to provide a user protection againsts discovery and misuse of identity by other user
It is completely appropriate to mention that the purpose of the privacy function is providing the users a protection against the discoveries and misuse of their identities by third parties. Therefore, the statement given above holds true.
A privacy function can be referred to or considered as the one wherein the utmost level of privacy is provided to a user depending upon the use-case of each individual user. It can also be stated that the primary intention of the privacy function is to safeguard the interests of the user identity and providing due protection from misuse related thereunder.
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The ____ has stated that, unlike attorneys, expert witnesses do not owe a duty of loyalty to their clients. •
A. HTCIA • B. IACIS • C. ISFCE • D. ABA
The ABA has stated that, unlike attorneys, expert witnesses do not owe a duty of loyalty to their clients. Therefore, the option D holds true.
The ABA, or also known as the Anticipatory Bail Application, can be referred to or considered as a method of making an application in the court for getting bail even before getting arrested for performance of an activity involving a bailable arrest. Under the concept of such bail applications, it has been recommended that the attorneys and expert witnesses do not have a sense towards the clients.
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under the , a person is guilty of attempt when his or her conduct is very close to succeeding at a crime.
Actus Reus: "Guilty Act," the unlawful act that constitutes the material element of a crime and is a requirement for proving criminal culpability.
The step of attempt comes after the stage of preparation and is unlawful. The term "stage of attempt" describes the effort made by a person to carry out their plan and complete the crime. Intent and some progress toward committing the crime are the two components of an guilty offense. Mens rea is the legal word denoting a guilty disposition. You must have been aware of your actions for them to be considered criminal. But it is more than that. The guilty of consciousness necessary to establish the crime varies on the and a variety of other crimes are only a few examples of attempts. It is guilty for the accused to try to someone on the phone or commit a murder with an unloaded pistol. Either intention or are necessary mental states for the majority of crimes.
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T/F Well-written social media policies of a firm are consistent with its organizational culture and values.
A company's social media policies should reflect the corporate culture and values of the company. it is true
Social media are interactive media platforms that make it easier to create and share content through online communities and networks, including information, ideas, interests, and other kinds of expression. Despite difficulties in defining social media due to the range of standalone and integrated social media services currently offered, there are certain common characteristics: Social media are Web 2.0 Internet-based interactive apps. The lifeblood of social media is user-generated content, which includes written postings or comments, digital photographs or videos, and statistics from all online interactions.
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in prosecutions initiated by the postal service, the government is free to choose the venue in which to try the case.
It is completely inappropriate for the government to choose the venue in which a trial will be conducted for the prosecutions initiated by the postal service. Therefore, the statement given above is false.
A court trial can be referred to or considered as the one wherein the hearing of a case is held. Moreover, the venue or the city is a big determinant for prosecutions under postal services. The government has to keep in mind that the trials are undertaken in the cities that have a direct connection or involvement with the case related thereto.
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The ADA does not require that employers accommodate the needs of job applicants with disabilities that are not otherwise qualified for the job. But if they are qualified except for the disability, the employer must accommodate.
*If the employer does not accommodate to the disability, they must prove undue hardship.
Title 1st of the Americans with Disabilities Act of 1990 (ADA) makes it unlawful for an employer to discriminate against a qualified employee with a disability.
The Americans with Disabilities Act ADA applies to private employers with 15 or more employees and state and local government employers. The United State Equal Employment Opportunity Commission (EEOC) enforces the employment provisions of the ADA.
The ADA defines an individual with a disability as a person who has:
1. a physical or mentally impairment that substantially limits a major life activity
2. a record or history of a substantially limiting impairment
3. is regarded or perceived by a patron as having a substantially limiting impairment.
An applicant with a disability, like all other applicants, must be able to meet the employer's requirements for the job, such as education, training, employment experience, skills, or licenses.
In inclusion, an applicant with a disability must be able to perform the essential functions of the job the fundamental duties either on her own or with the help of reasonable accommodation.
Yet, an employer does not have to provide a reasonable accommodation that will cause undue hardship, which is significant difficulty or expense.
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a government order that prevents the departure of ships or other property to another country; may be civil or hostile; may be used as a form of international punishment.
In general, federal maritime law supplements and overrides most state and other federal laws. The underlying goal is uniformity of the legal rights and remedies that affect the world of shipping and maritime commerce.
Maritime regulation, also referred to as admiralty law, is a frame of legal guidelines, conventions, and treaties that govern non-public maritime commercial enterprise and different nautical subjects, which includes transport or offenses going on on open water. worldwide rules governing the usage of the oceans and seas are called the law of the ocean.
Admiralty regulation or maritime regulation is a body of regulation that governs nautical troubles and private maritime disputes. Admiralty regulation consists of both domestic regulation on maritime activities, and personal global regulation governing the relationships among non-public parties operating or the usage of ocean-going ships.
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when deciding marbury v. madison (1803), which of the following excerpts from the federalist no. 51 could best be used to help chief justice john marshall write the argument in favor of judicial review?
Chief justice John marshall's argument in favour of Judicial review was inspired from the words "Greatest safeguard, against progressive consolidation of various functions in one department is to equip each department's administrators with legal tools"
What was held in Marbury v. Madison?
The notion of judicial review was established in the United States by the famous Marbury v. Madison decision, which means that American courts have had the authority to invalidate statutes and laws that they determine to be in violation of the US Constitution. Marbury, which was decided in 1803, is recognised as the key ruling in American constitutional law. The Supreme Court's landmark decision formed that the United States Constitution is actual law and not just a declaration of political principles and ideals. It also helped define the line separating the executive & judicial branches of the government, which are constitutionally distinct.
As part of the political and intellectual battle between departing President John Adams & incoming President Thomas Jefferson, the lawsuit first surfaced in early 1801.
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intexticated is a term that can describe a person who is distracted by texting while they are driving..
A. True
B. False
A person who is intoxicated is one who is distracted when walking or driving and is not attentive of their surroundings because they are texting or emailing on a handheld device.
Studies highlighting the dangers of texting or using a phone while driving are frequently published. Mobile device use while driving raises the risk of an accident by around 3.6 times. In the US, there are about 320 million wireless internet connections. According to a recent survey, up to 9% of drivers may be using mobile devices while driving at any given time. More than 60% of drivers claim to have used their phones while driving in the previous month, and more than 30% of these respondents indicated they do so regularly, according to the AAA Foundation for Traffic Safety's most recent poll.
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which of the following best describes earned income? all income from whatever source derived, unless excluded from taxation by law. income less reductions that are allowable, regardless of whether personal deductions are itemized. income received for services performed, including wages, commissions, tips, and generally, farming and other business income. income that is not earned, including money received for the investment of money or other property, such as interest, dividends, rents, and royalties. it also includes pensions, alimony, unemployment compensation, and other income that is not from performing services.
The statement that best describes earned income is an Income received for services performed, including wages, commissions, tips, and, generally, farming and other business income. The Option B is correct.
What is an earned income?An earned income refers to the money received as pay for work performed, such as wages, salaries, bonuses, commissions and net earnings from self-employment. The income also includes the long-term disability, union strike benefits and payments from certain deferred retirement compensation arrangements.
An examples of income that is not considered earned income are government benefits such as payments from the Temporary Assistance for Needy Families program. unemployment, workers’ compensation, and Social Security.
Also excluded are the disbursements from pensions and retirement plans, alimony, capital gains, interest income from a bank account, stock dividends and salaries paid to inmates who work in a penal institution.
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which of the following allows convicts to serve their sentences outside prisons, but under varying degrees of supervision?
Under the supervision of probation officers, they may be released on probation. allows convicts to serve their sentences outside prisons.
On the condition that they promise to behave properly, offenders may be released on probation without the monitoring of probation officers. The supervision of the offender during the remaining portion of their sentence upon release from jail is a crucial component of parole. Convicts who have been granted parole are typically subject to a number of restrictions about their lifestyle, including where they can live and work. They may also be compelled to undergo medical or mental treatment as well as drug testing. If these supervision are not met, the parole may be revoked and the offender may be sent back to jail. as well as the conditions' supervision since a probation or parole officer, to whom the released prisoner is compelled to return at set intervals, is typically in charge of probation aid and counselling. To achieve a minimum level of fairness, regular due process processes must often be followed.
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True or False: If at least 30% of an organizations employees sign an authorization card, the union may request that the employer voluntarily recognize the union.
If at least 30% of organizations employees have signed permission cards, the workers or a union may ask for an election. Elections are permitted without a secret ballot under the NLRA.
As of right now, when a petition is submitted asking for one, the National Labor Relations Board (NLRB) conducts a secret ballot election. A union, employee, or employer can submit a petition. If at least 30% of employees have signed permission cards, the workers or a union may ask for an election. Elections are permitted without a secret ballot under the NLRA. If the majority of organizations employees have signed permission cards, a business may voluntarily recognize a union. The NLRA does not mandate that a union and employer come to an initial contract agreement when a union is certified or recognized. Alternatively of a strike or lockout, the parties may instead choose to resolve their disagreement through mediation or arbitration when they are unable to achieve a contract agreement.
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which of the following is correct regarding the antiretaliation provision under title vii of the civil rights act of 1964?
The Civil Rights Act of 1964's antiretaliation clause forbids employers from treating a worker unfairly because they participated in a protected activity.
Congress enacted Public Law 88-352 in 1964. (78 Stat. 241). Discrimination on the basis of race, colour, religion, sex, or national origin is illegal under the Civil Rights Act of 1964. This civil rights act's provisions prohibited discrimination in hiring, promoting, and firing on the basis of sex in addition to race. The Equal Employment Opportunity Commission was established by the Civil Rights Act of 1964 to look into complaints of discrimination and to carry out the provisions of the law. The Civil Rights Act of 1964 outlawed discrimination in employment based on race, colour, national origin, religion, and sex.
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A written code defining a criminal act and providing the standard punishment for the crime defines which of the following?
answer choices
Statute
Case law
Federal constitution
Administrative rules
Option first is correct. A written code defining a criminal act and providing the standard punishment for the crime defines a Statute.
About Statute
A law is a formal written enactment of such a legislative body that, with the cooperation of other parties, controls the legal entities of just a city, state, or nation. Statutes often establish policy, order or prohibit certain actions. In contrast to case law or precedent, which would be decided by courts, as well as regulations issued by government agencies, statutes are rules enacted by legislative bodies.
Newly adopted legislation are issued and publicised in almost every nation so that anybody may check them up. This can be done with in shape of a government gazette, which may also contain other official government announcements, or in the form of a collection of books, the content of which is restricted to legislative actions.
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regulating legislation regarding the sale of alcohol and tobacco to minors is a community-based prevent strategy that might help reduce usage by minors.
True, regulating legislation regarding the sale of alcohol and tobacco to minors is a community-based prevent strategy that might help reduce usage by minors.
Young people frequently lack the same understanding of alcohol and cigarette use as adults. Many teenagers attempt experimentation because they view it as attractive or rebellious. Regulating access to this kind of product is a public policy intended to obstruct young people's access to this kind of product in order to enhance the environment into which young people are inserted because these substances are addictive and can change a person's life forever. This tactic has the potential to eventually lower the number of smokers and drinkers.
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