A homeowner filed a federal diversity action against the manufacturer of a pressure cooker for a products liability action based on state law, alleging that she was severely burned because the top flew off the pressure cooker during operation. Under the state law, a jury verdict does not have to be unanimous. However, a specific rule under the Federal Rules of Civil Procedure directly conflicts with the state law and provides that jury verdicts in federal court must be unanimous. Which statement correctly presents what law the federal judge should apply regarding the jury verdict

Answers

Answer 1

Answer:

The federal rule must apply in this case.

Explanation:

A federal court must, in fact, apply to state law when it has a case that was initiated under state law. However, when this case is also based on diversity of citizenship, a federal statute, or a federal rule, as shown in the case above, the court must apply the federal rule, provided that procedural rule does not interfere or deny any right, as shown in the case of the question above. Therefore, the court must apply federal rule.


Related Questions

What are star made of?


Who is the current prime minister of Nepal?


What is Lawyer?

Answers

Answer:

1) stars are made of hydrogen and helium that produce light and heat from the churning nuclear forges inside their cores

2) the current prime minister of Nepal is Sher Bahadur Deuba

3) A lawyer is a person who practices or studies law; an attorney or a counselor.

Hope this helps you, if it does plz mark me as BrainliestThx, Have a wonderful day!! :)
I’m a lawyer haha and a star

While in a department store, a man picked up a sweater and slipped it under his shirt. The man then started for the door. A woman, who also was shopping in the store, saw the man take the sweater. The woman grabbed a baseball bat from the sporting goods aisle and chased the man into the parking lot. The woman began swinging the bat at the man's head, hoping to knock him out and thus prevent the theft. The man pulled a knife from his pocket and stabbed the woman, killing her. The man was arrested and charged with murder. At trial, will the man most likely be found guilty

Answers

Answer:

D). No, because the man was acting in self-defense.

Explanation:

In the given situation, the man would not be considered guilty of murdering the woman and this is because the action took place when was defending himself from the attacks made by that woman on him. However, the man was attempting to steal the sweater at the store yet the deadly attack made by the woman on his head with the baseball bat cannot be justified in any case. Her act would be categorized under 'dangerous felony' and therefore, the use of a knife by the man was enforced on him to save himself. Hence, the action was in 'self-defense' and he will not be punished for it as it was the woman who initiated the physical violence and harm and he just reacted. Thus, option D is the correct answer.

How are the majority of felony charges are handled?

Answers

The majority of felony charges are plea bargained into a guilty plea either lowering the charge or minimizing the penalty. It is impossible to have a trial in every case. The system would come to a halt if plea bargaining did not exist.

In the United States, felonies are typically offenses that carry a maximum sentence of more than one year in prison. Even if the offender is given a sentence of less than a year in jail, the crime is still regarded as a felony. Felony prisoners are typically housed in state prisons.

What type of felony occurs most often?

According to some estimates, drug misuse offenses account for around 2,000,000 felonies annually, making them the most prevalent felony charges in recent years. Property crimes including car theft, burglaries, larceny, arson, and theft are also included. As long as the case's statute of limitations is active, a felony charge may remain active.

A felony charge may remain active for the duration of the applicable statute of limitations. For instance, if the felony has a statute of limitations of five years, the charges are still pending for that amount of time. For felonies, the statute of limitations is three years at the very least.

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When he turned 21, a young man who lived in State A decided to move to a city in State B. He loaded all his possessions in his truck and trailer and set out for State B. While en route, he was involved in a serious accident in State C with a woman driving an SUV, injuring both parties. Because of his injuries, the man has remained in State C for several months. However, he still intends to relocate to the city in State B as soon as he has recuperated and is able to travel. The woman, a citizen and resident of State D, is preparing to file a negligence action in federal district court against the man for the injuries she suffered in the State C accident. If the woman files the action before the man proceeds to State B, in what federal district or districts is venue proper

Answers

Answer: The District of State C and the District of State A.

Explanation:

The federal district or districts whereby the venue is proper is the District of State C and the District of State A. It should be noted that the federal venue in a civil action will be proper in the district whereby part of the events brought about the claim that occurred.

In this case, the proper venue is the District of State C as a substantial part of the events brought about the claim that occurred there. Also, during the time that the accident took place, the domicile of the man was in State A.

Tech distractions do NOT include
A. answering your phone while driving
B. changing the radio station while driving
C. fiddling with the air conditioning while driving
D. setting your phone to Do Not Disturb before you drive

Answers

D because you’re trying to prevent the distraction
your trying to prevent a distraction so d

The table below lists sources of law.


Sources of Law

Statutes and Acts

Ordinance

?



Which phrase completes the table?
Criminal law
Case law
Military law
Juvenile law

Answers

Answer:

military law

Explanation:

tell me I'm right

1. What is Ms. Roman’s employment background?
Ms. Roman's employment background is that she's been a police officer for 25 years.

2. What statistics from police academies in the state of New Jersey were alarming to Ms. Roman?
The statistics from the police academies in the state of New Jersey that were alarming to Ms. Roman are the rates between 65 and 80 percent of women are failing due to the physical fitness test.

3. What was a major reason for women failing at the police academies?
A major reason for women failing at the police academies are recruits needing to pass the fitness exam within 10 short workouts and only have three weeks to try to pass due to a new policy.

4. What had these police recruits been required to do in order to reach the point in the process that allowed them to take the physical fitness test?
Police recruits were required to pass very lengthy background checks, medical exams, psychological exams, and clearly quit any other job.

5. What data does Ms. Roman share about women serving as police officers? What data does she share about women working as police chiefs?
The data Ms. Roman shares about women serving as police officers is that less than 13% of the police officers hadn't changed much in the past 20 years. Only 3% of women were police chiefs in 2013.

6. How are other countries doing when it comes to female representation in the police force compared to the US?
When female representation in the police force compares to the US some countries have nearly twice as many women police officers.

7. According to research, what are some positive results to having female police officers on the force?
Positive results to having female police officers on the force include female police officers tending to have more of a positive influence, great job performance, trustworthiness, and fairness in the police force.

8. What does Ms. Roman define as the main problem with the different policy agencies and their standards?
Ms. Roman defines that the main problem in different policy agencies and their standards is that the the differing policy agencies and their standards is that the main focus is on physical strength.

9. What should police academies also focus on, aside from physical strength, when recruiting officers?
Other than physical strength police academies should focus on problem-solving skills, community policing, and interpersonal communication skills.

10. What are some ways to encourage more female recruits to join the police force? How must the testing process be changed to ensure women are not unfairly excluded from the force?
Some ways to encourage more female recruits to join the police force could be good salary package and suitable environments. When it comes to good salaries for the police force and an environment that feels safe and suitable with lack of sexual harassments then more women will join, some just cause they want to not for the "encouragement". The testing process could be conducted under fair supervision in order to ensure that women are not being unfairly justed from the force.

Answers

1. What is Ms. Roman’s employment background?

Ms. Roman is a police officer in an Urban city and has been one for 25 years. She has served in every rank from police officer to the police chief.

2. What statistics from police academies in the state of New Jersey were alarming to Ms. Roman?

She found out that women were failing from ranks from65-80% due to various aspects of the fitness test. She learned that there was a change in policy that required recruits to pass the fitness test within 10 workout short sessions.

3. What was a major reason for women failing at the police academies?

The fitness test

4. What had these police recruits been required to do to reach the point in the process that allowed them to take the physical fitness test?

They had to pass lengthy background checks, pass medical and psychological exams and had to pay over $2000 for fees and equipment.

etc.
can you be more specific show a graph.

Verify that –(-x) is the same as x , for x = −4/5

Answers

Answer:

-4/5

Explanation:

it came be two possible answer for x

Explanation:

???

-(-x) = -1×(-1×x) = -1×(-1×-4/5) = -1×(4/5) = -4/5

therefore, yes, -(-x) = x

Which situation always warrants calling 911 when someone is injured?
A. Moving the person may cause injury
B. A bone could be broken
C. The hospital is more than 10 miles away
D. You are alone with the injured person

Answers

I believe the answer might be D

Answer:

A

Explanation:

Which laws or rules prevent or reduce injury in the event of a crash?
A. Passing rules
B. Signaling rules
C. Impaired-driving laws
D. Child seat laws

Answers

Answer:

D. Child seat laws

Explanation:

In a certain crashing events , the Child Seat Laws are safety laws to reduce injuries in car crashes.

D, they help prevent the child in the vehicle from getting hurt or in worse cases death

What is the difference between conservative and Liberal Supreme Court Justices?

Answers

Each Justice of the United States Supreme Court has four law clerks. Law clerks are recent law school graduates who serve for one year as a legal assistant to a Supreme Court Justice. Law clerks are very important to the work of the Court. In each chamber, the Justice and the four clerks form a close-knit intellectual family. It is with their law clerks that Justices are able to speak openly and to engage in a candid give-and-take, testing ideas, theories and approaches as they consider the merits of each case. Moreover, in most chambers the law clerks play a central role in preparing drafts of a Justice's opinions.

Generally, conservative justices believe in originalism or strict construction of the Constitution which means that they believe that the Constitution means what it meant to the drafters when it was created or amended. They believe that things not specifically covered in the Constitution should be left to the states. Liberal justices believe that the Constitution is a living document that was designed to change over time. They believe that several amendments to the Constitution read together created substantive due process rights including the right to privacy.

Question 65
When boating in Texas, which of the following actions would be legal?
A
encircling boaters who are fishing
B
operating outside of restricted areas
С
riding on the back of a boat seat while underway
D
riding on a seat mounted on a raised deck while at full speed
Support
DOLL

Answers

( B ) because if it’s restricted that’s means it’s not allowed ..

While boating in Texas, the action that would be legal is operating outside of the restricted areas. Hence, Option B is the correct statement.

What is legal while running a vessel in Texas waters?

To legally function a ship withinside the country of Texas, you have to reap a Texas Certificate of Number and validation decals.

There are certain exceptions that are Human-powered craft including canoes, kayaks, punts, rowboats, or rubber rafts (no matter length). Wind-powered sailboats below 14 ft in length.

Hence, Option B is the correct statement.

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A plaintiff was injured in an automobile accident caused by the defendant. The plaintiff sued the defendant for his injuries. In preparation for trial, the plaintiff's attorney hired a doctor to examine the plaintiff. At trial, the defense attorney attempts to call the doctor as a witness to testify about statements the plaintiff made in confidence to the doctor about his injuries, which the doctor then communicated to the plaintiff's attorney. The state recognizes only the common law privileges. Should this testimony be admitted

Answers

Answer:

Yes! The Courtroom is the only place where the "Doctor/Patient Confidentiality" does not uphold.

How a bill becomes Law in Canada?

Answers

Answer:

they go through the canadian government

Explanation:

To become law, a bill must first be introduced in either the Senate or the House of Commons. It must then pass through various stages in each House: first, second and third reading. Then it must receive Royal Assent.

If it is it the state who is targeting a group of people, what recourse do they have to achieve justice?

Answers

Answer:

Going to the supreme court.

Explanation:

If the state who is targeting a group of people, they have to achieve justice by going to the high court first or supreme court because supreme court has the authority to resolve disputes between two groups on the basis of justice. The supreme court has the authority to stop the state from targeting the specific group of people so the people has the option to go to the court for achieving justice.

Why is the labor force participation rate important to an economy? How has the labor force
participation rate changed over time in the US? What are some major economic and
demographic trends that have affected it?

Answers

Explanation:

After trending up for more than three decades, the labor force participation rate peaked at 67.3 percent in early 2000. Over the next few years, the rate receded to about 66 percent and stayed at that level through 2008. The participation rate then dropped again, and by mid-2016, it stood at 62.7 percent.

True or False. If you are parked on the side of the road and need assistance, you should raise your
hood.
False
True
Subog answer

Answers

Answer:

the answer iz true for this

it’s probably true i think

True or false? Shooting a vicious animal is permitted in self-defense.

Answers

it’s false or at least it should be lol

Workers should not get involved in policy decisions about his/her rights because the government is the one making those decisions.

Answers

Answer:

False.

Explanation:

In terms of workers' rights and responsibilities, an employee is given the right to be a part of the decision-making process. This does not mean that every worker has to be a member of the policy-making committee but that he/she can participate in the process through different means.

Pertaining to one's rights, everyone has the right to express his/her opinions as it refers to the person(s)'s individual right. And whatever decision that's been taken or made will affect him/her. So, it is important that workers should get involved in the policy decisions about his/her rights. The government does not have the right to directly impose any decisions about the workers without consulting them.

Thus, the statement is false.

Only ____ can reduce blood alcohol content (BAC) and alcohol's effects on the body.

Answers

The answer is time, only time time can reduce the effect of alcohol.

Read the quote and select the correct answer.
The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress
may from time to time ordain and establish.
-US Constitution Article III, Section

Answers

Answer:B

Explanation:See FISA Court

It's a secret Court for investigation of information technology that it is secret is counter to public good because it takes all transparency out of the dealings of our elected officials and strips the judicial of any oversite which is the intended function of the checks and balances system set up by the constitution. Our judicial review power has been systemically legislated to have no teeth. Because of the corrupt corporations and the bought politicians who care only for money and power instead of their constituents or the United States, our precious constitution is now a meaningless hollow document. So sad

cho ví dụ về truyền thống dựng nước đi đôi vs giữ nc của tổ tiên

Answers

Answer:

bonjour a toi désolé je ne peux pas maintenir

Explanation:

pa cerveau moins

Four common types of distractions are
A. food, drink, interesting topics, and loud noises
B. teenagers, vehicles, construction, and stop lights
C. tech, personal, passenger, and emotional
D. food, tech, passenger, and emotional

Answers

Answer:

A. All these are sources of distractions. A delicious food, a tasty drink, an engrossing topics and noise pollution

the answer is a, all of them are distractions

You have been asked to draft a document related to evidence-gathering that contains details about personnel in possession and control of evidence from the time of discovery up through the time of presentation in court. Which type of document is this

Answers

it is the Chain of custody

13. About how many teen drivers were killed in motor vehicle crahes in the
United States over the past decade?

Answers

Answer:

An average of nine teens ages 16-19 were killed every day from motor vehicle injuries. 2,739 drivers ages 15-20 were killed and an additional 228,000 were injured in crashes. A total of 4,054 teens between the ages of 13-19 died in car accidents

Explanation:

A patient properly filed a medical malpractice claim against a doctor in federal district court. The complaint simply asserted negligence as the grounds for relief without any facts supporting the claim. The doctor filed a pretrial motion for a more definite statement, which the court denied. Immediately thereafter, and without submitting an answer, the doctor filed a motion to dismiss, asserting that the court lacked personal jurisdiction. Will the court grant this motion to dismiss

Answers

Answer:

No. The Plaintiff should re-file with more substantiating evidence.

After a power outage, the stoplights at a busy intersection were blinking red for traffic going in every direction. By statute, motorists must come to a full stop at a blinking red traffic signal before proceeding through the intersection. Cars driven by the plaintiff and by the defendant arrived at the intersection at the same time. Due to inattention, neither one stopped for the signal and the cars collided in the intersection. The plaintiff sued the defendant for his injuries. The trier of fact determined that the plaintiff was more at fault than the defendant. Will the plaintiff likely recover damages

Answers

Answer:

The plaintiff still has a possibility of procure judgement that will allow him recover damages although the plaintiff was more at fault than the defendant. Through the account of the plaintiff's first impression of the defendant's negligence, he can establish a case against the defendant, and given that jurisdiction of comparative negligence does not prevent the plaintiff from seeking recovery, though the defense from defendant is that the plaintiff  is a contributor to the negligence which was the cause of the incident

Whereby the damage suffered by the plaintiff is more than the damage suffered by the defendant, the plaintiff can likely recover damage although the he the plaintiff is at more fault

Explanation:

Case law comes from court rulings.
True or false

Answers

Answer:

false

Explanation:

it only makes sense

Which action can lead to intentional injuries?
A. Falling from a ladder at home
B. Getting in a car crash
C. Tripping on the stairs
D. Getting in a fight

Answers

I think the most accurate answer would be D- Getting in a fight
Most likely A or C

intentional injuries can be

Access to firearms,
History of interpersonal violence,
Alcohol abuse,
Mental illness, and
Poverty.

A motorcyclist, a car driver, and a truck driver were involved in a three-vehicle accident in a busy intersection. The motorcyclist filed a negligence action against the car driver for personal injuries suffered in the accident. In the car driver's pleadings, she denied that she was negligent and raised the motorcyclist's contributory negligence as a defense. The jury returned a general verdict in favor of the car driver. The motorcyclist then filed a negligence action against the truck driver. At the appropriate time, the truck driver filed a motion to dismiss for failure to state a claim, asserting that the motorcyclist was precluded from re-litigating his contributory negligence. Is the truck driver likely to be successful

Answers

Answer:

No the truck driver is not likely to be successful.

Explanation:

Because in every accident bigger vehicle is the one who is responsible for the accidents. Because he has bigger vehicel so he should drive slowly in his lane. Because his brakes are not so good to stop at the right point.

Answer:

45 and 60

Explanation:

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Find the degree of each polynomial and indicate whether thepolynomial is a monomial, binomial, trinomial, or none of these. ei 7-1Which method would result in highest probability for any of the results?O rolling a dieO flipping a coinO spinning a wheel with 4 different colorsOpicking a red marble out of a jar of 10 different colored marblesANSWER PLEASEEEEE The members of a wedding party have approached Imperial Jewelers about buying 14 of these gold bracelets for the discounted price of $363.00 each. The members of the wedding party would like special filigree applied to the bracelets that would increase the direct materials cost per bracelet by $8. Imperial Jewelers would also have to buy a special tool for $461 to apply the filigree to the bracelets. The special tool would have no other use once the special order is completed. To analyze this special order opportunity, Imperial Jewelers has determined that most of its manufacturing overhead is fixed and unaffected by variations in how much jewelry is produced in any given period. However, $12.00 of the overhead is variable with respect to the number of bracelets produced. The company also believes that accepting this order would have no effect on its ability to produce and sell jewelry to other customers. Furthermore, the company could fulfill the wedding partys order using its existing manufacturing capacity.Required:a. What is the financial advantage (disadvantage) of accepting the special order from the wedding party?b. Should the company accept the special order? THIS IS A ECONOMICS QUESTIONLawns produce no crops but occupy more land (25 million acres) in the United States than any single crop such as corn or wheat. Does this mean the United States is producing inefficiently (inside the production possibilities curve)? Explain your answer. 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ANSWER CORRECT AND GET BRAINLIEST When communicating significant deficiencies in internal control noted in a financial statement audit of a nonissuer, the communication should indicate thatA. The purpose of the audit was to report on the financial statements, not to provide assurance on internal control.B. The deficiencies noted were not detected within a timely period by employees in the normal course of performing their assigned functions.C. The expression of an unmodified opinion on the financial statements may be dependent on corrective follow-up action.D. Fraud or errors may occur and not be detected because of the inherent limitations of internal control. First, create an outline and a short explanation that make it clear how one of the lesson readingsorganized. 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