A mother bought reusable snack bags from a company. The company uses an antibacterial agent called triclosan in its snack bags to help prevent mold from growing in the reusable bags. Triclosan is a known toxin that may, if used in a sufficient amount, weaken the immune system, especially when used in a moist environment, such as with reusable snack bags containing fruit or other damp foods. The mother who purchased the snack bags sued the company in federal court because she believed that the toxins in the company's snack bags caused her son to contract an illness due to his weakened immune system. At a trial without a jury, the judge, despite finding that the amount of triclosan used by the company in its snack bags was sufficient to cause the weakening of a child's immune system, held for the company because the plaintiff failed to prove that the boy would not have suffered from this particular illness unless his immune system had been weakened. In an unrelated action also filed against the company in the same federal court, a father sought damages from the company on behalf of his daughter, who contracted an illness after using the company's snack bags. During the trial, the father moved, on the basis of collateral estoppel, to prevent the company from contending that the amount of triclosan it used in its snack bags was insufficient to cause the weakening of a child's immune system.
Can the court grant this motion?
A. Yes, because offensive use of collateral estoppel is permitted.
B. Yes, because the facts involved are related in time, space, origin, or motivation.
C. No, because a jury did not render a final judgment on the merits.
D. No, because the daughter was not a party in the prior case.

Answers

Answer 1

Out of the given choices of alternatives, it may be said that the court can grant motion in the situation given above, since the offensive usage of the collateral estoppel is permissible. Therefore, the option A holds true.

A court has the power to grant a motion in the case before an actual trial is being held in the court of law as per the legal procedures. In the cases that involve usage of collaterals in an offensive way, it automatically applies to the doctrine of collateral estoppel, and is thus permissible. Thus, the court readily grants motion in such cases.

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Related Questions

when a broker-dealer assists a corporation going public, it is acting as

Answers

A broker-dealer assists a corporation going public by acting as an underwriter.

In this role, the broker-dealer helps the corporation to issue and sell its securities to the public. This involves determining the price of the securities, creating a prospectus for potential investors, and managing the sale of the securities to the public.


As an underwriter, the broker-dealer also assumes some of the risk associated with the offering by agreeing to buy any unsold securities. This helps to ensure that the corporation is able to raise the necessary capital through the offering. Overall, the broker-dealer plays a crucial role in helping the corporation to go public and raise capital from investors.

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The crime control perspective views the justice system as a means of caring for and treating people who cannot manage themselves. True or False

Answers

It is highly inappropriate and completely wrong to be mentioning that the crime control perspective is viewed as the justice system for treating people who are not able to manage themselves. Therefore, the given statement is false.

The justice system can be stated or considered as the system that provides legal aid and relief at the same time for the purpose of maintaining the law and order in the society that it exists in. The perspective of rehabilitation is viewed as the one wherein it provides justice for those who are not able to keep a control over themselves.

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when will the irs start processing amended returns 2022?

Answers

The IRS will start processing amended returns 2022 from 23 January, 2023 for annual individual tax returns.

The full form of IRS is Internal Revenue Services and the chief function of IRS is levying and collection of taxes and filing tax returns, the current processing time is more than 20 weeks for both paper and electronically filed amended returns. One of its most important function is to ensure that willful tax evaders are brought to record and the collection of revenue is complete and regularized. As tax administrators IRS officers also play the part of investigators and prosecutors. In short it deals with the matters tax collection and tax evasion, filing revenue returns and forming taxation report etc.

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A person has been using a portion of their neighbor's land for years as a parking space, but
the neighbor now wants to sell the property to a developer. What legal action can the
person take to secure their right to park on the land?

Answers

Homeowners have the legal right to keep intruders off their property. People can do this by erecting fences, posting signs, or simply asking trespassers to leave. This is also known as an easement.

What is easement?

An easement is a nonpossessory right to use and/or enter another's real property without owning it. It is best exemplified by the right of way that one landowner, A, may have over the land of another, B. In most jurisdictions, an easement is a property right and type of incorporeal property in and of itself.

A landowner can call the police in cases of serious, repeated annoyance or threatened harm, and the police will usually warn the person to stay away and, if necessary, make an arrest.

Therefore, the person can charged of easement for using a portion of their neighbor's land for years as a parking space.

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identify the examples of conflicts of interest that can arise as a consequence of interlocking directorates.

Answers

Salary and benefits, theft of company property, self-dealing, exploitation of corporate possibilities, insider trading, and neglect of board duties are only a few examples of major conflicts of interest.

What could possibly be wrong with interconnected directorates?

Interlocking directorates are typically a problem that is harmful for both enterprises and the director. If a board member joins the board of a competing company, they will likely have access to proprietary information, which promotes unfair competition.

What makes for a good example of overlapping directorates?

If a firm purchases another company and one of its executives or directors is a member of the boards of directors or a director of both companies, for example, there may be a conflict of interest with the interlocking directorates. The shareholders or other board members frequently elect or nominate the members of the board of directors.

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how did the articles of confederation lay the groundwork for america’s future political structure?

Answers

The Articles of Confederation laid the groundwork for America’s future political structure by establishing a government with a weak central government and strong state governments.

The Articles also set up a unicameral legislature, or Congress, with limited powers. Finally, the Articles provided for a system of checks and balances that limited the power of the central government and gave the states more control over their own affairs.

These features of the Articles of Confederation would become the basis for the Constitution of the United States and the federal system of government that we have today.

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This Act also prohibits any advertising of cigarettes and little cigars on radio, television, or other media regulated by the_________

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This Act also prohibits any advertising of cigarettes and little cigars on radio, television, or other media regulated by the Federal Communications Commission.

Federal Cigarette Labeling and Advertising Act requires the manufacturers, packagers and importers to place one of the four provided statutory health warnings statement on the packages and boxes and in advertisements as well, it has to be printed on rotational basis as prescribed by the commission. The Family Smoking Prevention and Tobacco Control Act 2009 section 201(a) determines the importance of putting public health warnings on the products as well as in advertisements and get approval of the commission to the  department of health and human resources. All these steps are taken to make people aware of the hazardous impacts of such substances.

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which of the constitutional provisions is at issue in schenck v. united states

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The constitutional provision at issue in Schenck v. United States was the First Amendment, specifically the freedom of speech.

In Schenck v. United States case, the Supreme Court was tasked with determining whether Schenck's actions of distributing anti-war leaflets during World War I violated the Espionage Act of 1917 and, if so, whether that violated his First Amendment rights.

The Court ultimately ruled that Schenck's actions did violate the Espionage Act and that the First Amendment did not protect him in this instance. The Court held that the freedom of speech is not absolute and can be limited in times of war or when it presents a "clear and present danger" to the nation's security.

Hence, the constitutional provision at issue in Schenck v. United States was the First Amendment's freedom of speech, and the Court's ruling established the "clear and present danger" test for limiting that freedom in certain circumstances.

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full activation of an eoc can include personnel from assisting agencies. t/f

Answers

True. Personnel from supporting agencies may be included in the full activation of an eoc. To enhance event management, the EOC offers multiagency coordination of information and resources (on-scene operations).

In reaction to a significant catastrophe or disaster, the EOC is activated with all employees and may stay operational at this level for a number of weeks. Within NIMS Command and Coordination, EOCs perform the following primary duties: Information management is the process of gathering, evaluating, and communicating key information from multiple sources.

Resource management is the coordination of assistance for requests and needs for resources. When the EOC is activated, along with the supporting agencies, that is considered the full activation level. These organizations are in charge of assisting in the reaction to serious incidents or credible threats.

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Who nominates the justices to the Supreme Court?

Answers

The president of United States nominates the justices to the Supreme Court.

The supreme court is the apex court of United States i.e. the highest court in the land and the only part of federal judiciary required by the constitution. The president nominates judges of the supreme court, which is later discussed with the senate, and the justice is confirmed by the U.S. senate and hold their office for life tenure. The constitution wanted judiciary to be free from any judicial pressure that is why the nominations are made and after a complete discussion by panel of senate members judges are appointed.

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Your attorney says that you have the preponderance of the evidence in your civil case. How do you interpret that statement?
O You are expected to win. The majority of facts and evidence provide support for your claim.
O You are expected to lose. The majority of facts and evidence support the claim of the other party.
O You are expected to win. The facts and evidence from the other party have been ruled inadmissable.
O You are expected to lose. The facts and evidence supporting your claim have been ruled inadmissable.

Answers

According to the preponderance standard, the burden of proof is satisfied when the party presenting it persuades the fact-finder that the claim has a higher than 50% chance of being true. In a civil trial, the burden of proof is this.

What is  preponderance standard ?

To establish anything by a majority of the evidence is to merely demonstrate that it is more probable than not. Do you think that each part of his or her [claim/counterclaim] is more likely to be true than false in light of the evidence and the law, to put it another way?

When presented with contradictory probabilities regarding a circumstance, a cautious man will proceed under the assumption that the real fact exists unless, after assessing the various possibilities, he decides that the preponderance is in favour of another course of action.

Hence option B is correct .

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Answer:

You are expected to win. The majority of facts and evidence provide support for your claim.

Explanation: got it right on my law studies exam

how many circuit courts of appeal are in the federal system?

Answers

There are 12 regional circuit courts of appeal are in the federal system of United States.

The united states has 12 regional level circuit courts that sit below the supreme court of United States. There are 94 federal districts which are divided into 12 regional circuits, with an accompanying appeals court. These courts of appeal here to judgements from other court and interpret it whether the decision given is correct or not. The Federal Circuit Court of Appeals has nationwide jurisdiction to hear appeals in specialty issues, such as those concerning patent laws, and decisions determined by the Supreme Court. The court of appeal hears cases from the district court and its other regional circuit courts.

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Explain the rights and duties of an advocate with illustation

Answers

Answer:ok i guess

Explanation:

how did the articles of confederation lay the groundwork for america’s future political structure?

Answers

By establishing the principle of land distribution and territorial government, confederation lays the groundwork for America’s future political structure.

Confederation is a group or organization of smaller groups. Confederation established the base of the governmental organization of United States. Confederation supports the system of republicanism. Under confederation the government lacked the control over commerce and tax. Confederation creates a union of sovereign states. The articles of confederation served as a written document that established the function of nation government of the United States after declaration of independence from Britain.

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Licensing board has the power to __________ a license for reasons such as unprofessional conduct, substance abuse, or conviction of a felony.

Answers

The licensing board has the power to "revoke" a license for reasons such as unprofessional conduct, substance abuse, or conviction of a felony.

Revocation means that the license is completely cancelled and the licensee is no longer authorized to practice or perform activities that require the license.

The act of officially cancelling or invalidating something, often a licence, contract, or privilege, is referred to as revocation. When something is revoked, it is no longer deemed to be in effect or valid. A government agency, for example, may cancel a business licence if it is shown to be operating illegally or participating in unethical conduct. If a person violates the terms of their probation, the court may revoke their probation. In both circumstances, cancelling the licence or probation means that the individual or firm is no longer permitted to engage in the activities or enjoy the benefits associated with that licence or probation.

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When congress wants to regulate an issue, it most often passes very detailed regulations so that there are no questions about its intent. True or False?

Answers

It's false. A bill is suggested by a member of Congress. A bill is a piece of writing that would come law if passed. Visit Congress.gov to view the textbook of bills that Congress has or is presently considering.

When a bill is passed, the House of Representatives harmonises its language before publishing it in the United States Code(U.S.C.). The general and endless laws of the United States are codified by subject matter in theU.S.C. TheU.S.C. has been released every six times since 1926. The most recent material is presented between editions in the form of periodic accretive supplements. We always consider if a regulation is indeed necessary before creating one.

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what was one technique used by black and white activists to call attention to their demands?

Answers

Bus trips through the South promoting civil rights was one of the  technique used by black and white activists to call attention to their demands.

The activists used buses as the mode of transportation in order to attract attention of the government so that the civil rights of the blacks so they can  get a respectable position in the society. The civil rights movement in the south broke the pattern of public facilities being segregated by race in the South and achieved the ideology of equal-rights legislation for African Americans since the reforming period. Finally the Civil Rights Act of 1964 came into being that lead to end of legal Jim Crow. It safeguarded the  African Americans  rights and equal access to public facilities such as restaurants, transport, offices. It also helped in breaking down the barrier at work place for women who were earlier mocked.

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Bruce is charged with violating the Counterfeit Access Device and Computer Fraud and Abuse Act (CFAA). To be guilty of crime under the act, the prosecutor must prove that Bruce
a. accessed a computer without authority only.
b. accessed a computer without authority or took data.
c. accessed a computer without authority and took data.
d. took restricted or protected data only.

Answers

In the context of the situation of the context that has been provided above, it is to be stated that the prosecutor must prove that Bruce accessed a computer without an authorization. Therefore, the option A holds true.

A prosecutor is the person who has been given the responsibility of acting in either defense or proving the guilt of the plaintiff or the defendant. Moreover, the prosecutor must be putting his points in the direct interest of his or her client. This also includes to prove that his client had an unauthorized access to the computer.

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Multiple Choice Questions 1. are used to create sections within a MS-Word document. (b) Mail break (c) Slide show (d) Brochures (a) Section breaks 2. In MS-PowerPoint 2007, clicking Slide Show button in View area on Status bar will (a) Save Presentation (b) Print Presentation (c) Run Presentation (d) Check Spelling 3. In MS-Excel, you can create If condition using (a) AND (b) OR (c) Both (a) and (b) 4. How many database(s) can be open at a time in MS-Access 2007? (a) Any number (b) Three (c) Two (d) None of these (d) One​

Answers

Answer:

Explanation:

(a) Section breaks

(c) Run Presentation

(c) Both (a) and (b)

(d) One

True or false. All forms of notarial certificates require that the notary public lit the State and County in which the notarial action takes place.

Answers

I think the answer is true

All forms of notarial certificates require that the notary public lit the State and County in which the notarial action takes place. This statement is true.

What are notarial certificates?

The notarial certificate is a written declaration that certifies the details of a notarial act and is signed and sealed by a notary public. Giving oaths and accepting acknowledgments are the two most typical notarial actions that a notary will be required to complete. Oaths and acknowledgments are two distinct notarial acts, so each will call for a separate language in the certificate. Always ensure that you utilize proper notarial wording by consulting the commissioning authority in your state.

Notarization of legal documents helps to prevent fraud and ensure that transactions are carried out correctly. In order to weed out forgers and make sure that participants enter into an agreement voluntarily and knowingly, notaries are required to identify signatories to a document while confirming its authenticity.

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Family A thinks family B is not entitled to a portion of the land because they are not the biological children of the ancestor whose land is in disputes. But family disagrees because they think they were adopted by the ancestor and therefore
her children also. A) diagnoses the nature of the family dispute, is it verbal or substantive?
b) identifies the source of disagreement?
c) outline your approaches to bringing peace between the two groups

Answers

A) The nature of the family dispute is substantive.

B) The source of the disagreement is over the entitlement to the land based on biological or adopted relationship with the ancestor.

C) Approaches to bringing peace between the two groups could include mediating the dispute with a neutral third party, exploring options for a compromise or cooperative solution, or engaging in a collaborative dialogue to better understand each other's perspectives and needs.

Family B may have a valid claim to the land if they can provide evidence that they were adopted by the ancestor whose land is in dispute. Adoption is a legal process and would be documented. If they can prove that they were adopted by the ancestor, they would likely be entitled to a portion of the land.

Both families should consider consulting a lawyer to help them settle the dispute. Additionally, if the dispute involves legal matters, both families may benefit from seeking legal counsel.

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QUESTION 1
All of these are ways to express a legal description EXCEPT

a. rectangular survey.
b. benchmarks.
c. lot and block.
d.metes and bounds.

Answers

All of these are ways to express a legal description EXCEPT benchmarks. Option B

Ways to express a legal description

A benchmark is a point of reference for surveying or mapping, often a physical mark on a permanent object such as a building or monument.

The method of expressing a legal description that is NOT one of the ways is "benchmarks."

While benchmarks may be used in the process of creating a legal description, they are not typically considered a method of expressing the description itself.

The other three methods listed are ways to express a legal description:

a. Rectangular survey: A rectangular survey is a system of surveying land in a grid pattern, with each parcel of land described by its location in the grid.

b. Lot and block: A lot and block system is a method of describing a parcel of land by its location within a subdivision or plat, often using a map or plan of the subdivision.

c. Metes and bounds: The metes and bounds system is a method of describing a parcel of land by its boundaries and physical landmarks, often using measurements and angles to define the boundaries.

Hence, the correct answer is benchmarks.

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What is the first step in the pre writing process for an argumentative essay

Answers

Explanation:

The author should submit an evidence-based claim. Thus, the first step in the prewriting process for an argumentative essay is to develop an opinion.

The significance of the Wagner Act to organized labor was that it
A) abolished the National Labor Relations Board.
B) provided unemployment benefits for workers on strike.
C) provided strong government protection for unions.
D) explicitly repudiated the right of collective bargaining.
E) did not guarantee the right of unions to organize.

Answers

The significance of the Wagner Act to organized labor was that it provided strong government protection for unions.

What Is the Wagner Act?

The Wagner Act forbids unfair labor practices by private sector employers and grants workers the ability to form unions, go on strikes, and bargain for benefits, working conditions, and compensation. The following are some essential details concerning this legislation:

It introduced various labor rights and strike-related business protections. Additionally, it helped swing the balance in favor of employees' authority over employers by ensuring that organized workers received protection from the federal and state governments.The Wagner Act promoted collective bargaining to foster a cordial relationship between employers and employees in an effort to prevent strikes, which frequently resulted in violent altercations. To lessen labor disruptions that could harm businesses and the economy, this rule was put in place.

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In the United States, what recourse does an accused person have in case he or she cannot afford a private defense lawyer?a) The government will provide an attorney to the accused free of charge.b) The accused will have to spend his or her time in jail until he or she can obtain enough money to afford an attorney.c) He or she will have to defend himself or herself when the trial starts.d) A public defender will be appointed to the accused by the government for a nominal fee.

Answers

In the United States, an accused person who cannot afford a private defense lawyer the government will provide an attorney to the accused free of charge. (Option A)

In the US, if an accused person cannot afford a private defense lawyer, a public defender will be appointed to them by the government for free.  This is outlined in the Sixth Amendment of the U.S. Constitution, which guarantees the right to counsel for criminal defendants.

It is important to note that the right to counsel does not mean that an accused person is entitled to the lawyer of their choice, but rather that they are entitled to effective assistance of counsel. If an accused person is deemed indigent, or unable to afford a private defense lawyer, the government will appoint a public defender to represent them. Public defenders are attorneys who are employed by the government specifically to provide legal representation to those who cannot afford it.

In summary, an accused person in the United States who cannot afford a private defense lawyer will be provided with a public defender by the government at no cost to them.

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how do certifying officers ensure system integrity?

Answers

Certifying officers are required to carry out a number of actions to ensure system integrity. They must first determine which aspects of the system are crucial to its proper operation.

Second, they must create methods and tests to determine whether these vital features are present and operating as intended.

Thirdly, they need to keep an eye on the system throughout time to make sure it keeps working properly. Finally, if any issues are found, they must take corrective action. The VA will reverse its initial rejection of benefits and grant them to the veteran if the certifying officer can convincingly refute the presumption of carelessness.

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If you were being interrogated by police detectives, do you think it is appropriate for them to lie to you to get to the truthPlease be detailed in your response

Answers

No, if you don’t tell the full truth you could potentially be fined for lying to authority and even if you HAD to lie to get the truth you shouldn’t because of they catch you it wouldn’t be worth it if you could’ve just told the truth in the beginning.

Answer:

The police can legally lie to you to get during an interrogation and young people are especially vulnerable to their tactics. In my opinion, I don't think it's appropriate for them to lie to you because when people are brought in for questioning by the police, they're expected to tell the truth. Most people would assume that the police must also be truthful during interrogations, but the reality is that the police can lie to you during an interrogation. I just don't think it's fair.

Explanation:

Which of these results from the repeal of an item's subsidies?answer choicesa. a decrease in the price of that itemb. a leftward shift of that item's supply curvec. a rightward shift of that item's supply curved. an increase in reliance upon government regulation

Answers

The removal of an item's subsidies causes the supply curve for that item to move to the left.

A leftward shift of the supply curve represents a reduction in the amount of a good or service offered at a particular price. The non-price factors of demand cause changes in demand.

Tastes and preferences, population size or composition, costs of comparable commodities, and even expectations are other factors that might alter demand. A shift will result from a change in any one of the underlying variables that govern the volume of goods people are willing to purchase at a specific price.

The supply curve shifts to the right, creating an intersection where quantity and prices are lower, when demand is stable and supply is growing. A decrease in supply, on the other hand, leads the curve to shift to the left, increasing costs and decreasing quantity.

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which amendments address the rights of the accused?

Answers

Answer: the rights of the accused are protected under the 4th, 5th, 6th, 8th, and 14th amendments

you do when you reach a STOP sign?
What must
a Come to a complete stop in the crosswalk.
Come to a complete stop.
Come to a complete stop behind the stop line.
D
Slow down and check for cross traffic and pedestrians.

Answers

Answer:

B. Come to a complete stop.

Explanation:

Answer:

Explanation:

Come to a complete stop behind the stop line.

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