d. Eminent domain. As a member, you'll also get unlimited access to over 88,000 54.) (Cesar G., supra, 74 Cal.App.5th at p. (2004) 32 Cal.4th 1298, 1293.) Protection from self incrimination Periodic Estate | Types of Leasehold Estates. Citations are also linked in the body of the Featured Case. The department alleged that Nicholas possessed drugs that had not been prescribed for himspecifically, Clonazolam that he said he had purchased from Amazon. THE PEOPLE, Plaintiff and Respondent, "Section 786 authorizes the juvenile court to employ a streamlined, court-initiated procedure for dismissing juvenile delinquency petitions and sealing juvenile records in the custody of the juvenile court, law enforcement agencies, the probation department, and the Department of Justice, when a ward `satisfactorily completes' probation or supervision, as long as the offense is not one listed in section 707, subdivision (b). C. Disinherit his heirs. (b).) Study with Quizlet and memorize flashcards containing terms like The Federalist paper most clearly associated with the problems of factions and the ideas of federalism is, Which of the following is NOT a concurrent power shared by the national government and state governments?, The constitutional provision that ensures that state courts enforce civil judgements of the courts of other states . (Cesar G., supra, 74 Cal.App.5th at pp. The probation officer contacted BAART and was told the program would "`absolutely not'" prescribe Xanax to a patient and "use of Xanax would be completely against the goal of methadone treatment and therapy. Nicholas contends the trial court abused its discretion in terminating probation unsuccessfully because it relied on the mistaken premise that he violated probation. But even if Nicholas is correct about the November and December orders, he is incorrect about the June 25 order. The best example of the use of implied powers of the United States is which of the following? According to the probation officer, Nicholas "continues to disobey the rules set for him, by the Court. Differing statutes require that care be taken to identify the statute at issue, use the correct statutory term, and apply the definition specific to that statute to avoid confusion as to the nature of the court's finding and its effect." U.S.C. Title 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES Clause that deems actions of the federal government prevail over state or local governments. Controversies over the exercise of state police power can arise when exercise by state authorities conflicts with individual rights and freedoms. Select one: Congress may override a presidential veto. Select one: The People contend Nicholas cannot prevail on the merits of his claim because the juvenile court had no sua sponte obligation to "shift the costs" of Nicholas's treatment to the probation department. Life Estate Examples & Remainderman | Life Estate Overview. Nicholas appealed and we affirmed the rulings with specified modifications. ( 777, subd. The government has the right to enact regulations for the health, safety, and welfare of the public. . The state has a right to take the property because of: A person who died without leaving a will is said to have died: The power of the state to take private property for public use is known as which of the following? The accompanying probation report stated that Nicholas "will participate in an intensive outpatient program via Kaiser," outlined his treatment plan, and stated that Nicholas's initial appointment had been scheduled for July 7, 2020, the day after he was to be released from YOTP to its aftercare program. Federalism's advantages include all of the following EXCEPT: Critics of federalism fear that competition between states and localities leads to a. (b) Continuous budgeting. Protection from double jeopardy. This is not correct. The parties dispute whether Nicholas forfeited the issues he now raises on appeal. 1293.) 887-888, and fn. (c) Zero-based budgeting. The juvenile court is a "creature of statute" (In re Jose H. (2000) 77 Cal.App.4th 1090, 1099); its "powers are limited to those granted by the Juvenile Court law (Welf. a. All right, let's review what we've learned. This process is called, Funds appropriate for specific purposes, such as school lunches and food stamps, or the building of highways or airports, which are allocated by formula and subject to detailed federal conditions are. For example, he or she may need a permit to add a garage to their property or convert their home to commercial use unless the zoning ordinances allow it. 47-50.)16. b. This implies that the Federal Government does not possess all possible powers, because most of these are reserved to the State governments, and others are reserved to the people. Which of the following is correct for the amount of multiple choice answers on the AP final exam? 18 Feb. 2014. What questions would you ask the landlord? The Connecticut Department of Public Health became aware that citizens were being advised (or even required) to have homes tested for mold during real estate transactions. Bicameralism and David C. on the basis that the court did not make a payment order is another way of saying Nicholas forfeited the issue: The absence of an order in the present case is a consequence of the issue not having been raised below. Eminent domain. a. Perhaps Nicholas's attorney should have known this as well and requested an order requiring the probation department to pay, but it seems deeply unfair to treat this as a matter of ineffective assistance of counsel when the probation department failed to assume costs it had a statutory obligation to pay even while informing the court that the family's inability to pay might render Nicholas's treatment plan unsustainable. The question Nicholas now raises is such an issue. The stated purpose of the delegates of the Constitutional Convention of 1787 was to . copyright 2003-2023 Study.com. Water & Littoral Rights Concept & Purpose | What are Water Rights? (See Cesar G., supra, 74 Cal.App.5th at p. 1050 ["effect" of orders requiring DUI programs and declining to order probation department to pay for them was that youth "must attend the DUI programs, and must pay for them"]; M.W., supra, 67 Cal.App.5th at p. 589 [where court ordered participation in program as condition of probation and refused to order probation department to pay, "[a]s a practical matter, M.W. b. coordination among federal, state, and local agencies. Here, the court did not find a probation violation and order a more restrictive disposition. In the proceedings below, Nicholas did not respond to the probation department's recommendation that probation be terminated unsuccessfully: His attorney submitted without argument and did not object when the trial court adopted the recommendation. This authority is usually delegated by state governments to local governments, including counties and municipalities, which most frequently exercise police power in land-use planning matters. The probation officer further reported that Nicholas sent him a text message on April 26 with a photo of a prescription bottle, saying his mother told him he had to show the officer any new prescriptions "`just in case [Valdes] says I pee dirty for benzodiazepines.'" GOV QUIZ Flashcards | Quizlet (a)(1)(A).). or his family must pay for the program because the only alternative is to violate a probation condition"].) Freedom from incarceration marks a `successful' completion under that statute without regard to other conditions." Which of the following constitutional principles most directly addresses the relationship between the national and state governments. A city zones an area for residential use. According to the probation report, Nicholas "was initially evasive and failed to return calls or text[s] to Probation," and when the probation officer visited, Nicholas denied missing therapy sessions until being told the probation officer had spoken with the therapist. (a)(2).) He has been diagnosed with conditions including attention deficit/hyperactivity disorder, epilepsy, depression, anxiety and post-traumatic stress disorder, and has a history of substance abuse, self-harm and Welfare and Institutions Code1 section 5150 psychiatric holds.
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