A plaintiff was severely injured when her car collided with the defendant's truck on a highway in State A. The plaintiff was a citizen of State B and the defendant was a citizen of State A. The defendant had no contacts with State B. The plaintiff filed suit in federal district court in State B under diversity jurisdiction, asserting a state law claim for damages resulting from the defendant's alleged negligence. The defendant filed an answer, specifically denying each of the plaintiff's claims. Three months later, after discovery concluded and just before trial, the defendant filed a motion to dismiss the action for lack of personal jurisdiction.Should the court dismiss the action for lack of personal jurisdiction over the defendant?
A
No, because dismissal would prejudice the plaintiff, since discovery has already occurred in the case.
B
No, because the defendant has waived the objection to the court's jurisdiction.
C
Yes, because the defendant had no contacts with State B.
D
Yes, because the court may dismiss an action for lack of personal jurisdiction at any time prior to final judgment.

Answers

Answer 1

The correct answer is (D) Yes, because the court may dismiss an action for lack of personal jurisdiction at any time prior to final judgment.

Even if the defendant previously answered the complaint without raising the question of personal jurisdiction, they can bring it again in a petition to dismiss. The defendant may object to personal jurisdiction in a timely manner by putting it in their initial reply pleading or by filing a separate move to dismiss for lack of personal jurisdiction.

As a result, the court has the authority to dismiss the action for lack of personal jurisdiction over the defendant, even if it occurs shortly before trial and after discovery, because lack of personal jurisdiction is a fundamental issue that affects the court's ability to exercise jurisdiction over the defendant.

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Related Questions

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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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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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 order to gain support for his cause, what did governor eugen talmadge argue?

Answers

In order to gain support for his cause, Governor Eugene Talmadge of Georgia advocated for white supremacy and segregation.

He was a controversial figure in the mid-20th century. In order to gain support for his cause, Talmadge argued on several points, including:

1. States' Rights: Talmadge believed in the concept of states' rights, which asserted that the federal government should have limited power and that individual states should have more control over their own affairs.

2. Segregation: Talmadge was a staunch supporter of segregation and argued that it was necessary to maintain the social order in the South.

He believed that black people were inferior to whites and that they should be kept separate from white people in all aspects of life, including education, housing, and public accommodations.

3. White Supremacy: Talmadge believed that white people were inherently superior to black people and that it was the duty of white people to maintain their dominance over society.

He argued that black people should not be allowed to hold positions of power or influence and that they should be denied the right to vote.

Overall, Talmadge's arguments were rooted in racism and discrimination, and his views were widely condemned by civil rights activists and other progressive voices of his time.

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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:

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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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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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 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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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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In what situations does the ucc overrule common law?

Answers

The UCC overrules common law as UCC applies to contracts that sell goods.

What benefit does the UCC provide?

The ability to receive payment is enhanced by a UCC filing, which establishes you as a secured creditor. The first right to reclaim your inventory or technology in the event of failure or bankruptcy is also provided by the filing of a promissory note security interest.

Common law is superseded by the UCC when it comes to contracts for the sale of goods. Contractual agreements involving physical assets like real land, services, insurance, and employment are governed by common law.

Therefore, The UCC governs agreements for the trade of commodities, and legal systems are superseded by it.

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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

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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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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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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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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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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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

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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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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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.

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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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

Privatized prisons may be more likely to experience assaults between prisoners and guards and/or jailbreaks
because
0 prison quards in these settings may not have been properly trained
. the private guards employed in these facilities have no arrest or detention authority
O inadequate spending to increase profits
may mean conditions in the facility are sub-standard
O they are not accredited in the same way that government-run facilities are

Answers

Inadequate spending to increase profits may be the primary reason why privatized prisons may be more likely to experience assaults between prisoners and guards and/or jailbreaks. This is because these facilities may not have the necessary funds to hire properly trained guards and provide the necessary resources to maintain the facility to a standard comparable to government-run facilities. Additionally, the private guards employed in these facilities have no arrest or detention authority, meaning they may not be able to adequately respond to any incidents that may occur.

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_________

Answers

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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in virginia, it is illegal to drive on the left side of the road for passing purposes when

Answers

Answer: The driver of a vehicle shall not drive to the left side of the center line of a highway in overtaking and passing another vehicle proceeding in the same direction unless the such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be made safely.

Explanation: This Virginia law took effect on July 1, 2017. Under the law, when drivers remain in the left lane, they can face a fine of $100. The law is designed to facilitate traffic flow and prevent accidents.

In Virginia, it is illegal to drive on the left side of the road for passing purposes when there is a solid yellow line on your side of the road. I will show you others.

When is it illegal to drive on the left side of the road?

When there is a solid yellow line on your side of the road.When there is a no passing signal.When there is oncoming traffic.When you are approaching the top of a hill or a curve where you cannot see oncoming traffic.

It is important to always follow the rules of the road in Virginia in order to keep yourself and others safe while driving. Passing on the left side of the road when it is illegal to do so can result in:

A ticket.Points on your license. Potentially an accident.

Remember to always check for solid yellow lines, no passing signs, oncoming traffic, and limited visibility before attempting to pass on the left side of the road.

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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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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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Teboho wants to order a new CD from Germany. He has R250 in his savings account. The CD costs 5. Once he has bought the CD. how much money will he have left in ZAR? If he can order the same CD from Canada for $7, where must he order it from for the best price provided the shipment cost is the same. ________ is used to display the contents of a cell on multiple lines.a. merge & center b. clear c. fill d. wrap text command (Combinatorial analysis question) A batch of 15 phones contains 3 defective phones. A sample of 4 phones out of 15 in the lot is chosen at random. How many of the possible samples contain at least one defective part?Book says the answer is 870. Can someone give me a step by step answer please? When you perform a budget analysis you compare a 'projected budget' with a/an_________ budget. The law of superposition is a geologic principle used to determine the ______________ What is the setting of the story, A&P? I bet you could set off dynamite in an A & P and the people would by and large keep reaching and checking oatmeal off their lists and muttering "Let me see, there was a third thing, began with A, asparagus, no, ah, yes, applesauce!"What does the narrator mean in this passage? What are the subcomponents of inconvenience in a customer utility function? A. Location & Price B. Price & Volume C. Location & Time D. Time & Performance. Both carrier and _________ proteins are involved in passive transport of molecules through the cell membrane. the energy driving the global water cycle is provided by the energy driving the global water cycle is provided by tides. wind. rotation of the earth on its axis. solar energy. Find each percent change. Use a calculator and round answer to the nearest tenth as needed. State if it is an increase or decrease. 88 to 20.A.22.7% decreaseB.14.2% decreaseC.77.3% decreaseD.340% decrease Does judy always order a side of curly fries and extra ketchup with her hamburger. 12x + 7 < 11OR5x-8>40 You deposit $9000 in an account earning 5% interest compounded continuously. The amount of money in the account after t years is given by A(t)=9000e^0.05t How much will you have in the account in 14 years? $ Round your answer to 2 decimal places.How long will you have in the account in 14 years? ______years. Round your answer to 2 decimalsHow long does it take for the money in the account to double? ____ years. Round your answer to 2 decimal places I need the modulus of: I 9+40i II = absolute value Nessie Cullen left her oldsoft faded sweatsuit at the gym.where does the comma go an example of an adjusting entry would not include: multiple choice recording interest earned in the current period, but not yet received. recording the expiration of prepaid rent. recording unpaid salaries. recording the purchase of office supplies. Write a system of equations to describe the situation below, solve using substitution, and fill in the blanks. louis is experiencing symptoms of carpal tunnel syndrome. in which part of his body would he be having pain, weakness, or tingling? Fill in each blank with the word that best completes the statement. Scientists develop knowledge by making observations about the natural world that may lead to a scientific question. A scientific question may lead to a(n) , which can be tested. The results of can lead to changes in scientific knowledge.