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Preferred Position Doctrine states that the freedoms of speech, the press, and religion should be given precedence when they do not coincide with other fundamental rights. This was established during the Murdock versus Pennsylvania case in 1943.
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Review the discussion of the doctrine of election of remedies. What are some of the advantages and disadvantages of this doctrine?
The doctrine of election of remedies allows a party to choose a specific legal remedy to address a single harm. Advantages include providing flexibility to choose the most favorable remedy and avoiding double recovery. Disadvantages may arise when a party's choice limits their ability to pursue additional remedies or when the chosen remedy proves inadequate.
How was the Miranda doctrine adopted by the Philippine Constitution?
The Miranda doctrine was adopted in the Philippines through jurisprudence, specifically by the Supreme Court's decision in the case of People v. Galit. Although not explicitly stated in the Philippine Constitution, the Miranda rights concept has been incorporated into Philippine laws and legal procedures to protect the rights of individuals during custodial investigations.
What is the office of inquisition called now and what does it do?
The office of inquisition is now known as the Congregation for the Doctrine of the Faith. It is a Vatican department responsible for promoting and safeguarding Catholic doctrine and morals.
How does equity view the doctrine of Jus accrescendi?
Equity may uphold or override the doctrine of Jus accrescendi depending on the specific circumstances of a case. Equity seeks to ensure fairness and prevent unjust enrichment, so it may choose to apply or modify the doctrine to achieve a just outcome.
What doctrine holds physicians legally responsible for negligent acts of their employees?
The doctrine that holds physicians legally responsible for negligent acts of their employees is called "vicarious liability" or "respondeat superior." Under this doctrine, employers are held responsible for the actions of their employees that occur within the scope of their employment.
What holds that first amendment freedoms are more fundamental than other freedoms?
preferred position doctrine
What are the supreme courts four guidelines for limiting free speech?
1.clear and present danger 2. the bad tendency doctrine 3. the preferred position doctrine 4. Defamatory Speech
What is the preferred position standard?
doggie
What three tests does the supreme court use to set limits on free speech?
1. The "clear and present danger" rule. 2. The bad tendency doctrine. 3. The preferred position doctrine.
What qualifications are required for the position, and is a master graduate or undergraduate degree preferred?
Qualifications for the position include a master's degree or equivalent experience. A graduate degree is preferred, but not required.
What European would most have supported the US position in the Monroe doctrine?
Britian
What did the United States in Monroe Doctrine?
The Doctrine stated the United States policy position that the Americas were no longer to be considered an area open to European influence or colonization.
What European country would most have support the US position in the Monroe Doctrine?
Britian
Does the Marshall plan support the Truman Doctrine?
Yes, these were mutually supportive US policies. The Marshall Plan was used to rebuild western Europe, which was then in a better position to resist the encroachment of communism, thereby supporting the Truman doctrine.
How and why the preferred position miht be affected by a national emergency such as war?
The preferred position doctrine, which prioritizes freedom of speech and expression, may be affected during a national emergency like war due to heightened government concerns about national security and public safety. In such situations, authorities may impose restrictions on speech to prevent dissent, misinformation, or actions deemed harmful to the war effort. This can lead to a temporary shift in the balance between individual rights and collective security, resulting in limitations on civil liberties that may not be justified in peacetime. Ultimately, the urgency of the situation can lead to a reevaluation of what is considered acceptable speech in the context of national crisis.
What position for thoracentesis?
The patient should be seated upright or in a position that allows for easy access to the intercostal spaces between the ribs where the needle will be inserted for thoracentesis. The preferred position is usually sitting up and leaning slightly forward with arms supported on a table.
What was Pope Benedict XVI's position in the Church before he became pope?
He was a cardinal and the Prefect of the Sacred Congregation for the Doctrine of the Faith, part of the Roman Curia.
