Answer: A
Explanation:
A. No, because a plaintiff may not join federal and state law claims in the same action.
Federal courts are courts of limited jurisdiction, meaning they can only hear cases arising under federal law or cases where the parties are citizens of different states and the amount in controversy is greater than $75,000. As such, a court cannot adjudicate state law claims and federal law claims in the same action. The employee must file separate complaints for each claim.
Thanks! :) #BO
B. No, because a court must have subject-matter jurisdiction over all joined claims is the correct option.
In this case, the employee has filed a complaint in federal court alleging that the employer had breached the consulting contract, for which the employee sought $60,000 in damages, and that the employee had been the victim of gender discrimination during the course of her employment, in violation of federal law.
The employee's state law claims may be properly adjudicated by the court if the requirements for diversity jurisdiction are satisfied. Diversity jurisdiction requires that the parties be citizens of different states and that the amount in controversy exceed $75,000. In this case, the employee is seeking $60,000 in damages for the breach of contract claim and an unspecified amount for the gender discrimination claim.
If the total amount in controversy exceeds $75,000, the court may properly adjudicate the employee's state law claims. B. No, because a court must have subject-matter jurisdiction over all joined claims is the correct option.
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ON
Velma Signer presents a document to be notarized. The document lists
Velma as a co-signer on her granddaughter's new apartment. Velma
does not seem lucid and struggles to answer questions, but her son is
there to help her. Which of the following is a viable option?
Ask Velma's son to call through as a signer.
Confirm Velma knows what she is signing and if she cannot answer
the question without assistance, refuse to notarize the document
and terminate the meeting.
Notarize the document because she trusts her son.
Ask them to find a witness to the notarization.
Option (b), Verify Velma understands the document she is signing, and if she is unable to respond to the question on her own, you have the option of refusing to notarize it and ending the meeting.
What is involved in the process of acknowledging a document?An acknowledgment, which is used after the signer's identification has been verified, is a signer's declaration to a notary or other notarial official that they freely signed a document.
What happens if an agreement is not notarized?According to the Civil Code, a contract is deemed valid and legally binding if all of its constituent parts—namely, consent, object, and cause—are present. So, even if a contract is not notarized, it is still enforceable as long as these requirements are followed.
What legal significance does a notarized document have?After being notarized, a private document becomes public and can be used as evidence in court without further attestation of its validity. A notarial document is legally required to be given full faith and credit when looked at from the front.
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mary, concerned with antibiotics and chemicals in the food supply, started to raise pigs in the backyard of her suburban home. she now has fourteen pigs that produce a significant amount of sold waste, which attracts insects and smells very bad. there are no town or county ordinances that specifically forbid raising pigs. her neighbors should challenge her right to engage in this activity based on the tort of
Mary's neighbors should challenge her right to raise pigs in her suburban home due to the tort of nuisance.
Nuisance is a type of tort that protects a person from interferences with their use and enjoyment of their property. The significant amount of sold waste that Mary's pigs are producing are interfering with her neighbors' use and enjoyment of their property due to the bad smell, insects, and potential health hazards.
The bad smell, insects, and potential health hazards all count as interferences and the neighbors can seek legal action to stop Mary's activity.
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What is the probable cause for the Issuance of a warrant of arrest
Answer:
please make me brainalist and keep smiling dude I hope you will be satisfied with my answer
Explanation:
Courts usually find probable cause when there is a reasonable basis for believing that a crime may have been committed (for an arrest) or when evidence of the crime is present in the place to be searched (for a search). Under exigent circumstances, probable cause can also justify a warrantless search or seizure.
The most effective safety measures involving roadway infrastructure include. A. Physical barriers only. B. Road markings only c. A combination of features!
Answer:
A combination of features
Explanation:
Choose ten (10) law enforcement agencies or occupations where you would like to work in the future, in accordance with the practice of the criminology profession as stated in RA 11131. Explain each law enforcement agency in 50 words you have chosen why you will be joining.
The 10 law enforcement agencies under the practice of criminology as stated in RA 11131 are:
Philippine Coast Guard (PCG)Bureau of Immigration (BI)National Prosecution Service (NPS)Public Attorney's Office (PAO)Forensic Science ServicesPhilippine National Police (PNP)National Bureau of Investigation (NBI)Bureau of Jail Management and Penology (BJMP)Bureau of Fire Protection (BFP)Philippine Drug Enforcement Agency (PDEA)What is informs these law enforcement agencies?The descriptions are as follows:
Philippine Coast Guard (PCG) - responsible for ensuring the safety and security of the country's maritime jurisdiction and protecting its marine environment.
Bureau of Immigration (BI) - responsible for implementing the country's immigration laws and policies and managing the entry and exit of foreign nationals.
National Prosecution Service (NPS) - responsible for the prosecution of criminal cases and the protection of the rights of victims and witnesses.
Public Attorney's Office (PAO) - provides free legal assistance to indigent clients and serves as the legal defender of the poor.
Forensic Science Services - provide scientific and technical services to support the investigation of crimes and the administration of justice, including crime scene investigation, DNA analysis, and forensic pathology.
Philippine National Police (PNP) - the country's primary law enforcement agency that maintains peace and order and prevents and suppresses crime.
National Bureau of Investigation (NBI) - the country's premier investigative agency that conducts high-level and complex criminal investigations and provides intelligence support to law enforcement agencies.
Bureau of Jail Management and Penology (BJMP) - responsible for the safekeeping, reformation, and rehabilitation of persons deprived of liberty.
Bureau of Fire Protection (BFP) - responsible for preventing and suppressing fires and responding to other emergency situations.
Philippine Drug Enforcement Agency (PDEA) - responsible for implementing the government's anti-drug campaign and enforcing drug laws.
I would be joining them because I would like to make the world a safe place to be as a law abiding citizen that I am.
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What is generally true regarding insured who have have been giving classified as preferred risks
answers.
The Principles of Research Ethics
See Blackboard (Maxfield's Ch. 3) for
1. Classify each of the following ethical violations into one
of the following ethical principles:
a. Do no harm
b. Ensure privacy
c. Obtain voluntary and informed consent
d. Get permission
e. Avoid sponsorship bias and suppression
f. Prevent misrepresentation
g. Ensure the safety of researchers
Ethical Violation
A criminologist conducts a study on the effectiveness of a new violent
inmate rehabilitation program at the request of the program developer, a
for-profit company. She determines that the program is largely
ineffective. A few weeks later, she reads in the paper that the state prison
authorities have adopted this program because it "has been evaluated by a
competent criminologist and has been found to be effective".
A tribal police department has asked you to evaluate an alcohol
dependency program being offered on a Seminole Indian reservation. You
immediately travel to the reservation and begin interviewing patients, all
alcohol dependent, in the treatment facility. You presume that since the
tribal police department invited you to evaluate the program, you can get
started right away.
Two CUNY graduate students have been assigned to conduct field
observations of adults who 'hang out' on street corners. The research site
is a known New York City high crime area. When one of the students'
expresses concern about their safety, the research director says, "Don't
worry about it. What could possibly happen?"
You have been asked to determine the extent to which NYPD enforces
marijuana laws. You hire five students and ask them to openly smoke
marijuana in various public places. You want to see if the police confront
them.
After conducting a case study of a child who had been the victim of
bullying in high school, you realize that others might be able to determine
the identity of the research subject (the minor). You decide to publish the
results anyway because you have the guardian's permission, and you
doubt that anyone will read your article.
At the request of the 112th precinct police chief, you are conducting
research on the work habits of rookie police officers. You tell the officers
about the nature of the study and the information you are going to collect
in interviews with them. You also suggest that their failure to participate
in the department approved' research project will be reported to the chief.
After analyzing the data from a study, you are conducting on a drug use
prevention program, you find that your results are not as definitive as you
had predicted. You suspect that some of the data may have been coded
wrong, so you change some of the data. This changes the results
dramatically and 'proves' that you were right.
Principle
The rules of conduct for scientists who perform research are governed by research ethics. Respecting the dignity, rights, and wellbeing of study participants requires adherence to ethical norms.
What core principles of research ethics are there?Research ethics refers to the application of fundamental ethical principles to research activities, such as the design and conduct of research, respect for society and other people, the use of resources and research outputs, scientific misconduct, and the regulation of research.
Any dangers or undesirable outcomes should be outweighed by the research's value. While focusing on the research's potential advantages, researchers should aim to reduce any dangers to participants and themselves. To lessen any danger of harm, it is important to take strong safety precautions.
A for-profit organization that developed the program commissioned a criminologist to investigate the success of a new violent criminal rehabilitation program. She comes to the conclusion that the software is essentially useless. A few weeks later, she discovers in the newspaper that this program has been adopted by the state prison system because it "has been studied by a competent criminologist and has been determined to be effective".- f. Prevent misrepresentationYou have been asked to assess a Native American reservation's alcohol treatment program by the tribal police department. As soon as you arrive at the reservation, you start interrogating the facility's patients, who are all alcoholics. You assume that you may begin right away because the tribal police department invited you to examine the program.- d. Get permissionTwo graduate students have been given the task of observing children who "hang around" on street corners in the field. An location with a history of high crime is the research site. The study director tells a student who worries about their safety, "Don't worry about it. What might possibly occur?- g. Ensure the safety of researchersYou are to determine the level of marijuana law enforcement carried out by the neighborhood police force. Ten college students are hired, and you want them to publicly smoke marijuana in a number of public settings. You're interested in whether the police approach them.- a. Do no harmYou discover that others might be able to identify the research subject after doing a case study of a kid who had been the target of bullying at school (the child). Because you have the guardian's consent and you don't think anyone would read your publication, you decide to publish the results nevertheless.- b. Ensure privacyarticle.
You are looking into the work habits of police personnel at the request of the neighborhood police chief. You explain to the officers the purpose of the study and the data you will gather from them during interviews. Additionally, you say that the chief will be informed of their absence from the "department-approved" study project.- c. Obtain voluntary and informed consentYou discover that your findings are not quite as conclusive as you had anticipated after examining the data from a study you are doing on a drug use prevention program. You alter some of the data because you think that some of it may have been incorrectly coded. This significantly alters the outcomes and "proves" your point.- e. Avoid sponsorship bias and suppressionLearn more about Research ethics: https://brainly.com/question/30409807
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A professional musician entered into a written contract with an instrument maker to craft a banjo. The contract was negotiated and executed in the state in which the musician resides. The banjo was made at a workshop located in another state across the country. The maker resides near his workshop in a third state. Each of the three states has a single federal judicial district.The musician traveled to the maker's workshop, where he picked up the banjo and paid for it. Subsequently, the musician discovered a defect in the banjo. The musician filed suit in the federal district court for the state in which he resides.Is venue proper there?
Answer: Yes!
Explanation:
Yes, venue is proper in the federal district court for the state in which the musician resides. This is because the contract was negotiated and executed in that state, and the musician is seeking to enforce it in that court. The fact that the banjo was made in another state and the maker resides in a third state is irrelevant to the question of proper venue.
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No, venue is not proper in the federal district court for the state in which the musician resides. Venue is the legal term for the location where a case is heard. According to 28 U.S.C. § 1391, a civil action may be brought in:
1. A judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located;
2. A judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated; or
3. If there is no district in which an action may otherwise be brought as provided in this section, any judicial district in which any defendant is subject to the court's personal jurisdiction with respect to such action.
In this case, the maker, who is the defendant, does not reside in the state in which the musician resides. Additionally, the events giving rise to the claim, namely the crafting of the banjo and the discovery of the defect, did not occur in the state in which the musician resides.
Therefore, venue is not proper in the federal district court for the state in which the musician resides. Instead, venue would be proper in the federal district court for the state in which the maker resides or the state in which the workshop is located.
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tristan hires stefani to perform at tristan's club, but she breaches the agreement to accept a higher-paying job at rock star arena. tristan files a suit against her. the court will most likely
Tristan hires Stefani to perform at Tristan's club, but she breaches the agreement to accept a higher-paying job at Rock Star Arena. Tristan files a suit against her. The court will most likely file a lawsuit against her.
A breach of contract happens when one party to a binding agreement fails to fulfill their obligation(s) as defined in the contract without a legally valid excuse or justification. The breach could be of various types, including the following:
Minor breach (also known as a partial breach)Material breach (also known as a total breach)Anticipatory breachA lawsuit is a process in which one or more parties seek to resolve a dispute through the court system. A lawsuit begins with the filing of a complaint, which is a legal document outlining the plaintiff's allegations against the defendant. The plaintiff is the party filing the lawsuit, while the defendant is the party being sued.
The judge in a case is responsible for deciding who wins or loses a lawsuit, and the jury determines the number of damages to be paid if the plaintiff is victorious. In the present case, it can be inferred that Stefani violated the agreement by accepting a better-paying job offer at the Rock Star Arena, which is a breach of contract.
As a result, Tristan has the right to sue Stefani in court for breach of contract. Therefore, the court is most likely to file a lawsuit against her.
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to open a new account for a trust, which statement is true?a the tax identification number of the trust must be obtainedb the tax identification number of the trustee must be obtainedc the tax identification of the trust beneficiary must be obtainedd there is no requirement to obtain a tax identification number when opening a trust account
To open a new account for a trust - the tax identification number of the trust must be obtained. Therefore the correct option is option A.
When opening a new account for a trust, it is necessary to obtain the tax identification number (TIN) of the trust.
This is because the trust is considered a separate legal entity and is therefore responsible for its own taxes. The TIN is used to identify the trust for tax purposes and is required for opening a new account.
The tax identification numbers of the trustee and the trust beneficiary are not required for opening a new account for a trust. Therefore, the correct answer is option- A) the tax identification number of the trust must be obtained.
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The person considered to be the leader of the national executive branch is known as?
Answer:
President
Explanation:
The President of the United States or the Prime Minister in some cases of different countries.
A plaintiff filed a breach of contract action based on diversity jurisdiction in federal district court. In her answer, the defendant alleged that she was not liable to the plaintiff due to a novation. The plaintiff did not reply to this allegation and the court did not order the plaintiff to do so. How should the court treat the defendant's novation allegation?
As denied by the plaintiff, because the plaintiff was not required to respond to the defendant's pleading.
Under Rule 7(a)(7), a reply to the defendant's answer is made only when the plaintiff is ordered to do so by the court. Thus, the plaintiff is deemed to deny any allegations in the defendant's answer, including any affirmative defenses, if not ordered to reply. Answer choice A is incorrect because, while generally a defendant is required to respond in her answer to allegations made by the plaintiff in the complaint, the plaintiff is prohibited from responding to an answer unless ordered to do so by the court. Consequently, allegations contained in the defendant's answer are deemed denied unless the court orders the plaintiff to reply to the answer.
The court should treat the defendant's novation allegation as denied by the plaintiff.
This is because under Rule 7(a)(7) of the Federal Rules of Civil Procedure, a reply to the defendant's answer is made only when the plaintiff is ordered to do so by the court. If the court does not order the plaintiff to reply, then the plaintiff is deemed to deny any allegations in the defendant's answer, including any affirmative defenses. Therefore, the defendant's novation allegation is treated as denied by the plaintiff, even though the plaintiff did not actually reply to the allegation.
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Four ways in wich the rule of law could protect community membes whose private property was damaged during a protest action
Answer:
The Four Ways = Civil Litigation, Criminal Prosecution, Police Protection, and Injunctions
Explanation:
Criminal prosecution: The rule of law requires that those who commit criminal acts, such as damaging private property, be held accountable for their actions. Community members could report the damage to the authorities, who could then investigate the incident and pursue criminal charges against those responsible.
Civil litigation: The rule of law also provides for civil remedies, such as suing the individuals or groups responsible for the damage. Community members could file a lawsuit seeking compensation for the damage caused to their property.
Police protection: The rule of law requires that law enforcement agencies protect citizens and their property. Community members could request police protection to prevent further damage to their property during future protests.
Injunctions: The rule of law provides for injunctions to prevent individuals or groups from engaging in certain activities, such as damaging private property. Community members could seek an injunction to prevent future damage to their property during protests
choice of law
The producer of an organic pet food shipped his products nationwide. His business and production offices were located in State A, the state in which he lived. After one pet owner's animal became sick due to toxins that had leaked into the producer's production supply, the owner filed a lawsuit in federal district court based on diversity jurisdiction in State B, the state in which he lived. A federal food regulation act governed the processes for how nutrition, including that applicable to animals, should be regulated. The producer did not meet those regulations, but did meet the lower standards required by State B. If the district court applied the State B statute, the producer would be absolved of any liability.
Must the district court enforce the federal statute?
Answer: Your welcome!
Explanation:
Yes, the district court must enforce the federal statute. Since the lawsuit was filed in federal district court, federal law governs the case, not the law of the state in which the plaintiff resides. Federal law takes precedence over state law, so the federal food regulation act must be applied in this case. The district court will have to determine whether or not the producer met the regulations set forth in the federal statute. If he did not, then he may be liable for the damages caused by the toxins in the pet food.
Thanks! :) #BO
Yes, the district court must enforce the federal statute.
This is because the federal statute has supremacy over the state statute. The Supremacy Clause of the U.S. Constitution states that federal law is the "supreme Law of the Land" and therefore takes precedence over state laws. In this case, the federal food regulation act, which governs the processes for how nutrition should be regulated, has supremacy over the lower standards required by State B.
Therefore, even though the producer met the lower standards required by State B, he is still liable for not meeting the regulations set forth by the federal statute. As a result, the district court must enforce the federal statute in this lawsuit.
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Which of the following is a unique agency device generally not available in the judicial system, as courts deal only with actual cases and controversies?
A. limited cross examination
B. advisory opinion
C. formal ruling
D. investigative power
E. subpoena power
An advisory opinion is a device used to provide guidance on possible future legal actions or actions.The correct option is B.
The American legal system has three main parts: legislative, executive, and judicial. Courts are part of the judicial system, which deals with actual legal disputes and controversies that have already occurred.
They are responsible for interpreting the law, assessing the facts of the case, and rendering a decision that resolves the dispute between the parties involved.
Courts do not have the power to provide advisory opinions. Advisory opinions are usually issued by government agencies or high-ranking officials, who can provide legal guidance on how the law would apply in a hypothetical situation or how an action may impact legal rights and obligations.
Advisory opinions are generally not binding, which means that they do not have the force of law, but they can be influential in shaping legal arguments and decisions.
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Explain the importance of having a formal lease and reading it thoroughly before you sign.
A formal lease is a legally binding document that outlines the terms and conditions of a rental agreement between a landlord and a tenant. It is essential to have a formal lease when renting a property as it provides protection for both the landlord and the tenant.
For the tenant, having a formal lease ensures that they have a clear understanding of their rights and responsibilities. This includes the monthly rent payment, the duration of the lease, and any additional fees or charges that may be incurred during the rental period. By having a formal lease, tenants can protect themselves against unscrupulous landlords who may attempt to change the terms of the agreement or charge additional fees without proper notice.
Similarly, a formal lease protects landlords by outlining the expectations for their tenants, including payment of rent, upkeep of the property, and adherence to any rules or regulations established by the landlord or governing authority. This ensures that the landlord has legal recourse if the tenant fails to meet their obligations under the lease agreement.
Before signing a formal lease, it is crucial to read it thoroughly to ensure that you understand all the terms and conditions of the agreement. This includes any clauses related to rent increases, security deposits, maintenance responsibilities, and termination of the lease. Additionally, tenants should pay attention to any provisions related to late fees, penalties for breaking the lease, and restrictions on subletting or guests.
By thoroughly reading the lease, tenants can ensure that they are fully aware of their obligations and avoid any misunderstandings that could lead to legal disputes or financial hardship. It also provides an opportunity to clarify any questions or concerns with the landlord before signing the agreement.
In summary, having a formal lease is essential when renting a property, as it provides protection for both the landlord and the tenant. By reading the lease thoroughly before signing, tenants can ensure that they understand the terms and conditions of the agreement and protect themselves from any potential legal or financial issues down the line.
Why do you think federal district courts hear cases involving citizens of
more than one state?
Federal district courts have jurisdiction over cases involving citizens of more than one state because the Constitution grants them diversity jurisdiction.
Why the federal district courts hear cases involving citizens of more than one state?The purpose of diversity jurisdiction is to ensure that out-of-state parties can receive a fair trial in a neutral forum, without any bias or prejudice that might arise in state courts. Additionally, diversity jurisdiction allows for uniformity in the interpretation and application of federal law across different states.
This means that federal courts can hear cases between citizens of different states or between citizens of a state and citizens or subjects of a foreign state.
Diversity jurisdiction is also important because it allows parties to choose the forum in which to bring their case. If a party believes that they may not receive a fair trial in state court due to local biases or conflicts of interest, they can seek to have their case heard in federal court.
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What is fiscal policy
Answer:
government spending and tax policies to influence economic conditions, especially macroeconomic conditions
T/F. In Chapter 1, Iris Marion Young is referenced as proposing that we understand differences of culture, social perspective, or particularistic commitment as resources to draw on for reaching understanding in democratic discussion rather than as divisions that must be overcome.
The given statement "In Chapter 1, Iris Marion Young is referenced as proposing that we understand differences of culture, social perspective, or particularistic commitment as resources to draw on for reaching understanding in democratic discussion rather than as divisions that must be overcome" is True because Iris Marion Young, a philosopher, feminist, and political theorist, believed that democratic dialogue is an essential aspect of a democratic society.
She also stated that differences of culture, social perspective, or particularistic commitment should be regarded as resources to draw on for reaching understanding in democratic discussion rather than as divisions that must be overcome.
The more diverse a society, the more crucial it is to develop democratic communication skills that allow for critical dialogue among individuals and groups with differing viewpoints. Differences should not be seen as obstacles to communication, but rather as a source of strength that contributes to the creation of innovative solutions to issues that are common to everyone.
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Was kylie an employee ?, Critically discuss what constitutes an employee
In order to determine whether someone is considered an employee, there are several factors that need to be considered.
These factors can vary depending on the specific laws and regulations of the jurisdiction in question, but some common factors include:
Control: An employee is typically subject to the direction and control of their employer in terms of how, when, and where they perform their work. This means that the employer has the right to direct and supervise the employee's work, and may provide specific instructions or guidelines for how tasks should be completed.
Compensation: Employees are generally compensated on a regular basis (such as weekly or biweekly) and may receive benefits such as health insurance or retirement contributions. The employer is typically responsible for withholding taxes from the employee's pay and paying their portion of payroll taxes.
Benefits and Perks: Employees may also receive additional benefits and perks such as paid vacation time or sick leave, access to company resources like a company vehicle, computer or tools, and may have access to additional training opportunities.
Duration: The relationship between an employee and employer is usually of a long-term nature, and the employee is expected to continue working for the employer for an indefinite period of time. However, there are also temporary or seasonal employment contracts, which may have a pre-determined time period.
Integration: Employees are usually an integral part of the employer's business operations and are expected to perform tasks that are critical to the functioning of the business. Employees often have a specific job title, and a clear job description with a set of expectations.
Exclusivity: An employee is generally expected to work exclusively for the employer and not to engage in work for other employers at the same time.
Based on these factors, it is possible to determine whether someone is an employee or not. However, it is important to note that the determination can be complex and may require consideration of additional factors or legal precedent. In conclusion, the status of an employee can be determined based on a variety of factors including control, compensation, benefits and perks, duration, integration, and exclusivity. However, the determination can be complex and may depend on specific laws and regulations in the jurisdiction in question.
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A homeowner who suffered the destruction of her home by fire properly filed a products liability action against the manufacturer of her toaster in federal district court. Under the applicable state law, a product defect must be proven in order to establish a products liability cause of action. Mere proof of a malfunction is not sufficient by itself to establish a product defect. At the close of the homeowner's presentation of her case to the jury, the manufacturer moved for judgment as a matter of law because the homeowner had failed to establish that there was a defect with respect to the toaster. The homeowner opposed this motion. The court determined, viewing the evidence in the light most favorable to the homeowner, that the homeowner had established by a preponderance of the evidence both that the toaster was the source of the fire and that the toaster had malfunctioned.
Should the court grant the manufacturer's motion?
Yes, because the homeowner failed to prove that there was a defect with respect to the toaster.
Under Rule 50(a), once a party has been fully heard on an issue at a jury trial, the court may grant a motion for judgment as a matter of law resolving the issue against a party if the court finds that there is insufficient evidence for a jury reasonably to find for that party. Because the homeowner failed to present sufficient evidence to establish that there was a defect with respect to the toaster, which is a necessary element of a products liability action under the applicable state law, the court should grant the manufacturer's motion for a judgment as a matter of law. Answer choice B is incorrect because the court does not have broad discretion to grant a motion for judgment as a matter of law. If, after viewing all evidence and drawing all inferences in favor of the non-moving party, reasonable people could reach different conclusions, the motion cannot be granted. Answer choice C is incorrect because, even though the court, by viewing the evidence in the light most favorable to the homeowner (i.e., the party opposing the motion), was applying the correct standard in assessing the evidence, the court's determination that the homeowner established that the toaster had malfunctioned is not sufficient for the homeowner to avoid judgment as a matter of law. Under the applicable state law, mere proof that a product malfunctioned is not sufficient to establish that there was product defect, which is a necessary element of the homeowner's products liability cause of action.
Answer:
Correct Nice Job!
Explanation:
Your Answer -Yes, because the homeowner failed to prove that there was a defect with respect to the toaster.
Under Rule 50(a), once a party has been fully heard on an issue at a jury trial, the court may grant a motion for judgment as a matter of law resolving the issue against a party if the court finds that there is insufficient evidence for a jury reasonably to find for that party. Because the homeowner failed to present sufficient evidence to establish that there was a defect with respect to the toaster, which is a necessary element of a products liability action under the applicable state law, the court should grant the manufacturer's motion for a judgment as a matter of law. Answer choice B is incorrect because the court does not have broad discretion to grant a motion for judgment as a matter of law. If, after viewing all evidence and drawing all inferences in favor of the non-moving party, reasonable people could reach different conclusions, the motion cannot be granted. Answer choice C is incorrect because, even though the court, by viewing the evidence in the light most favorable to the homeowner (i.e., the party opposing the motion), was applying the correct standard in assessing the evidence, the court's determination that the homeowner established that the toaster had malfunctioned is not sufficient for the homeowner to avoid judgment as a matter of law. Under the applicable state law, mere proof that a product malfunctioned is not sufficient to establish that there was product defect, which is a necessary element of the homeowner's products liability cause of action.
Yes, the court should grant the manufacturer's motion for judgment as a matter of law.
Under Rule 50(a) of the Federal Rules of Civil Procedure, the court may grant a motion for judgment as a matter of law resolving the issue against a party if the court finds that there is insufficient evidence for a jury reasonably to find for that party. In this case, the homeowner failed to present sufficient evidence to establish that there was a defect with respect to the toaster, which is a necessary element of a products liability action under the applicable state law. Therefore, the court should grant the manufacturer's motion.
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A group of plaintiffs who claimed to have been injured by a corporate defendant's negligent design of its product sought certification as a class in federal district court for a class-action lawsuit against the corporate defendant. The federal district court entered an order certifying the class on August 1. The corporate defendant seeks to appeal the certification of the class.
Which of the following is most accurate regarding an appeal by the corporate defendant?
The most accurate statement regarding an appeal by the corporate defendant is that the corporate defendant may file an interlocutory appeal of the certification of the class within 14 days of the order certifying the class.
An interlocutory appeal is an appeal of a ruling made by a trial court before the trial has concluded. In the case of a class-action lawsuit, the certification of the class is an important ruling that can significantly impact the outcome of the case. Therefore, the corporate defendant has the right to file an interlocutory appeal of the certification of the class within 14 days of the order certifying the class. This allows the corporate defendant to challenge the certification of the class before the case proceeds to trial. If the corporate defendant is successful in its appeal, the case may be dismissed or the class may be decertified, which could significantly impact the outcome of the case.
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Which Act allows a new state to join the country?
Parliament passes the Child Court Act. The judges of the Child Court are to have the same powers of a High Court judge. In accordance with Section 104 of the Constitution, High Court judges are appointed by the Judicial Legal Services Commission. Section 15 of the Child Court Act provides that Judges of the Child Court are to be appointed by the Minister for Justice. Justice Brown, a Child Court Judge who is appointed by the Minister for Justice, convicts Jane of an offence.
With reference to TWO decided cases or examples, advise Jane whether Section 15 of the Child Court Act is unconstitutional.
Answer:
Section 15 of the Child Court Act, which provides that judges of the Child Court are to be appointed by the Minister for Justice, may be unconstitutional if it violates the separation of powers doctrine. The doctrine requires that the three branches of government, namely the executive, legislative, and judicial, be independent of each other.
In the case of Lobe & Anor v Speaker of the National Assembly and Anor (2016), the Constitutional Court of Zimbabwe held that the appointment of judges by the President, without the involvement of the Judicial Service Commission, was unconstitutional because it violated the separation of powers doctrine.
Similarly, in the case of Law Society of Zimbabwe v Minister of Justice, Legal and Parliamentary Affairs (2015), the Constitutional Court of Zimbabwe held that the appointment of the Prosecutor-General by the President, without the involvement of the Judicial Service Commission, was unconstitutional because it violated the separation of powers doctrine.
Based on these cases, it can be argued that Section 15 of the Child Court Act, which provides for the appointment of judges of the Child Court by the Minister for Justice, violates the separation of powers doctrine and is therefore unconstitutional. Jane may challenge her conviction on this basis.
Explanation:
Which principle of government: "Liberty must at all hazards be supported. We have a right to it, derived from our Maker. But if we had not, our fathers have earned and bought it for us, at the expense of their ease, their estates, their pleasure, and their blood." – John Adams, 1765
Federalism
Individual Liberty
Popular Sovereignty
Judicial Review
Answer:
Individual Liberty
Explanation:
The quote by John Adams, "Liberty must at all hazards be supported. We have a right to it, derived from our Maker. But if we had not, our fathers have earned and bought it for us, at the expense of their ease, their estates, their pleasure, and their blood." this expresses the principle of Individual Liberty, which is the belief that individuals have certain rights and freedoms that are inherent to their existence and should be protected by the government. Adams argues that liberty is a natural right that individuals are entitled to and was earned through the sacrifice of previous generations. This principle is enshrined in the United States Constitution and is considered a fundamental value of American society.
The principle of government that is reflected in the quote by John Adams is Individual Liberty.
This principle is cantered around the idea that individuals have certain rights and freedoms that cannot be taken away by the government.
Adams is emphasizing the importance of protecting and preserving these rights, even if it comes at a great cost. He argues that these rights are inherent and come from a higher power, but also notes that previous generations have fought and sacrificed for these rights.
Therefore, it is crucial to continue to support and defend individual liberty at all costs.
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Carol, an owner of an exclusive bicycle shop advertised a special limited-edition bicycle for sale, and invited the public to make offers for the bicycle. Jane and Portia were among many people who submitted written offers for the bicycle. Jane’s offer was for R150 000, and Portia’s offer was for R190 000. Although Carol intended to accept Portia’s offer, she erroneously wrote a letter to Jane, wherein she accepted Jane’s offer. Jane believes that an enforceable contract was formed but Carol denies this. Apply the direct reliance theory and advise if a legally binding contract was concluded between Carol and Jane. Discuss fully and refer to case law in your answer. Do not apply the Consumer Protection Act 68 of 2008
Based on the direct reliance principle and the case of R v Clarke, it might be claimed that Carol and Jane created a legally enforceable contract. Carol's acceptance of Jane's offer resulted in the formation of a legally enforceable contract, and as a result, Carol is forced to sell the limited-edition bicycle to Jane for R150 000.
What is the function of a contract?The main function of a contract is to establish the terms and conditions of an agreement between two or more parties. Contracts provide a framework for the parties to agree on their respective rights and obligations, as well as the consequences of any breach of those obligations. The contract also helps to establish a mutual understanding between the parties and helps to minimize the risk of misunderstandings or disputes. Contracts can cover a wide range of transactions and relationships, from simple sales agreements to complex business partnerships. Overall, the function of a contract is to provide clarity, certainty, and security for all parties involved.
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Question 27 (2 points)
Listen
Which incident changed police response to active shooter from SWAT units to
patrol/any available officer?
1) Parkland
2) Sandy Hook
3) University of Texas
4) Columbine
The incident that changed police response to active shooter from SWAT units to patrol/any available officer was option 4) Columbine.
What was the Columbine incident?The Columbine High School massacre, which occurred in 1999, was a turning point in how law enforcement agencies respond to incidents of active shooters. Back then, standard protocol was to establish a perimeter and wait for a SWAT team to arrive at the scene, as there was a delay for that team to arrive, the gunman continued to act violently.
Therefore, as a result of the Columbine incident, law enforcement agencies across the United States began to adopt a new approach to active shooter response known as "immediate action", which emphasizes the need for patrol officers to respond immediately to an incident. of sniper to stop the threat as soon as possible.
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fraudulent misrepresentation is a tort of misuse of legal procedure. group of answer choices true false g
Answer:
False.
Explanation:
Fraudulent misrepresentation is a tort that involves a false statement made by one party with the intention of deceiving another party, which causes harm to the deceived party. It is not related to the misuse of legal procedure.
a manufacturer entered into a contract with the united states forest service, an agency of the federal government, to construct a special plane to be used by the forest service in fighting forest fires. the supplier of the plane's materials obtained, under state law, a valid lien upon the plane for the cost of the materials that the supplier provided to the manufacturer. shortly before construction was completed, the manufacturer ceased operations and the forest service, as permitted by the terms of the contract, took title to the plane. the supplier's otherwise valid lien is now unenforceable against the forest service because of the doctrine of sovereign immunity.
Answer: Yes!
Explanation:
Yes, the supplier's lien is unenforceable against the forest service because of the doctrine of sovereign immunity. The doctrine of sovereign immunity is a legal doctrine which states that the government and its agencies cannot be sued in court without the government's consent. This means that the supplier's lien, which is a form of legal action, cannot be enforced against the forest service. As such, the supplier cannot claim the cost of the materials they provided to the manufacturer from the forest service.
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The doctrine of sovereign immunity is a legal principle that holds that the federal government, and its agencies, cannot be sued without its consent. In this case, the supplier of the plane's materials obtained a valid lien under state law, but the lien is now unenforceable against the forest service because of the doctrine of sovereign immunity.
The forest service, as an agency of the federal government, is protected by the doctrine of sovereign immunity, which means that it cannot be sued without its consent. This means that the supplier's otherwise valid lien is now unenforceable against the forest service, because the forest service is protected by the doctrine of sovereign immunity.
The doctrine of sovereign immunity protects the federal government, and its agencies, from being sued without its consent. This means that the supplier's otherwise valid lien is now unenforceable against the forest service, because the forest service is protected by the doctrine of sovereign immunity.
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In this demonstration, how is the participant asked to evaluate words to induce a shallow level of processing? how is the participant asked to evaluate words to induce a deep level of processing? also include medium processing
General examples of how words can be evaluated to induce different levels of processing.
Shallow level of processing involves processing information based on its surface features, such as its physical appearance, sound, or other sensory attributes. One way to induce shallow processing is to ask participants to evaluate words based on their physical features, such as their font, size, or color. For example, participants may be asked to rate the pleasantness of a word based on its color, such as "red" or "green."
Deep level of processing involves processing information based on its meaning and relevance. One way to induce deep processing is to ask participants to evaluate words based on their semantic or conceptual properties, such as their synonyms, antonyms, or associations. For example, participants may be asked to rate the pleasantness of a word based on its association with a positive or negative concept, such as "joy" or "pain."
Medium level of processing involves processing information based on its more intermediate level features, such as its syntax, morphology, or phonology. One way to induce medium processing is to ask participants to evaluate words based on their grammatical structure, such as their word class or grammatical gender. For example, participants may be asked to rate the pleasantness of a word based on whether it is a noun or a verb, such as "chair" or "run."
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