Two unrelated passengers on a small plane sued the pilot of the plane for injuries suffered during a rough landing after a sightseeing trip. They filed a negligence action in federal district court with the younger passenger, who had only minor injuries, claiming $5,000 in damages and the older passenger, whose injuries were life-threatening, claiming $95,000. The two passengers are citizens of the same state. The pilot is a citizen of another state. The pilot moved to dismiss the younger passenger's claim for lack of subject-matter jurisdiction.
Should the court dismiss the younger passenger's claim?
Joinder of Parties
No, the court may not need to dismiss the younger passenger's claim for lack of subject-matter jurisdiction because the court can exercise supplemental jurisdiction over the claim.
In this case, the court can exercise supplemental jurisdiction over the younger passenger's claim because it shares a common nucleus of operative fact with the older passenger's claim, which falls within the court's original subject matter jurisdiction. However, supplemental jurisdiction is not allowed if a supplemental claim contaminates diversity or seeks less than $75,000 in damages. Since both passengers are from the same state, there is no contamination.
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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
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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the basic role of the united states government is to
The primary role or responsibilities of the US government include the development and enforcement of social norms, as well as the management of the military, foreign policy, economy, and public services.
Creates laws; legislative (Congress, comprised of the House of Representatives and Senate) Executes legislation as an executive (president, vice president, Cabinet, most federal agencies) Judiciary: Assesses laws (Supreme Court and other courts).
On July 4, 1776, the Second Continental Congress formally proclaimed its independence from the Kingdom of Great Britain, establishing the United States' first independent federal government. It was a temporary administration that oversaw the creation of the Articles of Confederation. The U.S. Federal Government is divided into three branches: the legislative, executive, and judicial. This arrangement promotes the separation of powers.
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Correct Question:
The basic role of the united states government is to _____.
a system that distributes power between state and national governments is called____.
when a broker-dealer assists a corporation going public, it is acting as
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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question content area top part 1 what is the primary impact of the imputed interest rules on installment sales?
The primary impact of the imputed interest rules on installment sales is that they require the seller to recognize interest income on the installment sale, even if no interest is actually charged.
This is done to prevent taxpayers from avoiding taxation on interest income by structuring a sale as an installment sale with no interest. By imputing interest, the IRS ensures that the seller recognizes a reasonable amount of interest income on the sale, and that the buyer is able to deduct a reasonable amount of interest expense. This helps to ensure that the tax treatment of installment sales is consistent with the tax treatment of other types of sales, and that taxpayers are not able to use installment sales to avoid paying taxes on.
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is contract law substantive law or procedural law? how about a rule specifying that a defendant has 30 days to respond to a complaint?
Contract law is a substantive law because substantive law defines and determines rights and obligations of the citizens. In view of Order VIII Rule 1 of the CPC, the defendant's entitlement to file a written statement within of 30 days following the serving of summons is undeniable.
Substantive laws are the set of statutory rules legislated by the government for the citizens, these law set forth punishment and also defines the rights and responsibilities of the citizens.
However, procedural law states how a mechanics of legal case flows at the different levels, it adheres the due process. some of the example of Substantive laws are Transfer of property act, contract act, tort etc. According to the rules of court of United States the defendant shall serve an answer within 30 days after being served with the summons and after service of initial complaint.
The Substantive Law would be a Statutory statute which outlines and regulates the citizen's legal rights and obligations. Procedural Law, sometimes known as Adjective Law, is concerned with the application of law that is governed and regulated by practice, procedure, and machinery.
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What are the consequences of white-collar crime?
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Consequences of white-collar crime are given below↓
fineshome detention community confinementpaying the cost of prosecutionforfeituresrestitutionsupervised releaseimprisonmentExplanation:
Hope it helps you~What type of speech does not receive First Amendment protections? A) speech that incites lawlessness B) obscenity C) unpatriotic speech D) threats to the president of the United States
Please read this case and answer the questions attached.
While a summary judgment motion is not a substitute for trial, it is a tool that allows courts to weed out cases that do not need a trial to be resolved.
If Taco bell won summary judgement in its favour what would happen to Wrench's case?
Taco Bell Corp. (Defendant) and Wrench, LLC (Plaintiff) discussed the potential use of Plaintiff's "Psycho Chihuahua" cartoon character. Plaintiff filed a lawsuit after Defendant started running commercials featuring a chihuahua, alleging Defendant had broken an implied-in-fact contract.
Pizza Hut was substituted for Taco Bell in several non-American releases because the former was at the time virtually unknown in many other nations. This includes dubbing and branding modifications made in post-production. In the end credits, Taco Bell is still mentioned.
Wrench filed a lawsuit in district court against Taco Bell, alleging, among other things, charges of unfair competition, conversion, misappropriation, and implied contract breach. The district court partially granted and partially rejected Taco Bell's move for dismissal.
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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.
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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8. Law enforcement/police calls are
______based upon_____
by urgency and dispatched
priority levels and responder availability.
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
The given statement " When congress wants to regulate an issue, it most often passes very detailed regulations so that there are no questions about its intent." is false in light of the fact that When congress needs to direct an issue, it most frequently passes extremely nitty gritty guidelines so there are no inquiries regarding its aim.
An administrative agency depicted about that framed by empowering regulation likewise gives the power to lay out guidelines that will authorize and execute the law.
Rule is another word that is utilized conversely with regulation. Regulations are otherwise called Demonstrations of Congress. The capability of the bureaucratic organization is to plays out an essential tasks in government that is execution, organization and guideline.
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what should you do when you are going to enter a roadway from a private road
When you are going to enter aroadway from a private road, you should first come to a complete stop before the sidewalk or, if there is no sidewalk, before the roadway itself. You should then look both ways and yield the right-of-way to any pedestrians or vehicles that are already on the roadway. Once it is safe to do so, you can then proceed onto the roadway.
It is important to remember that vehicles on the roadway have the right-of-way and you should always yield to them when entering from a private road. This will help prevent accidents and ensure the safety of all road users.
In summary, when entering a roadway from a private road, you should stop, look both ways, and yield the right-of-way to any pedestrians or vehicles already on the roadway before proceeding.
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When entering a roadway from a private road, you should stop, yield to oncoming traffic, and merge smoothly into the traffic flow.
Explanation:When you are going to enter a roadway from a private road, there are a few important steps to follow:
Stop at the edge of the roadway and look both ways for oncoming traffic.Yield the right of way to vehicles already on the roadway.When it is safe, use your turn signal and merge smoothly into traffic.Remember to always be cautious, obey traffic laws, and yield to other vehicles to ensure a safe and smooth entry onto the roadway.
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Tarek is single and has an adjusted gross income of $37,059. He claims one
exemption of $12,400. What is his tax due?
Use the table below to help you answer this question.
Tarek's tax due is given as $3200
How to solve for the tax dueTo determine Tarek's tax due, we need to calculate his taxable income, then use the tax tables or a tax calculator to find the amount of tax owed.
First, let's calculate his taxable income:
Adjusted Gross Income (AGI) $37,059
Less: Personal exemption ($12,400)
Taxable Income $24,659
Next, we can use the tax tables for the 2021 tax year to find the amount of tax owed. Based on the taxable income of $24,659 and the tax tables for the 2021 tax year, Tarek's tax due would be approximately $3,206.
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What are the steps in employee selection process?
Explanation:
announcing the job, reviewing applications, screening candidates, interviewing, final selection, testing, and making an offer.
which of the constitutional provisions is at issue in schenck v. united states
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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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.
Answer:
B. Come to a complete stop.
Explanation:
Answer:
Explanation:
Come to a complete stop behind the stop line.
Think about the possibility of removing prisoners’ rights while they are incarcerated. What rights would you take away and why? What rights (if any) would you add and why?
The possibility of removing prisoners’ rights while they are incarcerated is the right to vote and privacy as they are not considered ideal citizens involved in criminal offenses.
Why rights are granted?In a country, the basic right is granted by the constitution in order to ensure the well-being of its citizens as well as avoid misuse of power by the administration as citizens will raise their voices through their rights.
As Prisoners are referred to as individuals who involve in criminal offenses and bearing their punishment so the right the vote should be eliminated as their contribution will not be impactful for the country's growth.
The rights of well-being will be added where they can ask for medical assistance in prisons.
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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.
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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why does the constitution give implied powers to congress?
Due to precedents established by other authorities, it is assumed that these will be granted. Any given governmental body can't function without these implied powers.
What are implied powers?
Implied powers are those that the federal government of the United States assumes but which are not specifically mentioned in the Constitution. Particularly, implicit powers are those that Congress may use but which are not expressly stated in the constitution of the country. Although not expressly stated in the Constitution, Congress may use whatever authorities deemed "necessary and proper" to carry out its specific duties. The United States Constitution's Article 1 is the source of the majority of these implied powers. In other words, this power gives Congress the ability to effectively lead the country as it develops. This clause was incorporated by the Constitution's initial drafters to let the government's authority evolve through time.
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What are the four 4 elements of negligence?
The four elements of negligence in the individuals within an organization, include,
breach of dutyduty of carecausation, and damagesThe negligence is an element that can be referred to or considered as the one wherein the utmost mistake and erroneous behavior of an individual is being defined and identified. Thus, more often than not, an individual must try not to commit to any of the four elements of negligence in an organizational environment that have been provided above to stay aware of the consequences.
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if the government becomes destructive what should happen?
It is the right of the people to change or abolish any form of government if it becomes harmful to these purposes (life, liberty, and the pursuit of happiness) and to enact new forms of governance.
This is a well-known quotation from Thomas Jefferson, and the phrase "whenever any Form of Government becomes destructive of these ends" means that:
According to the Declaration's fourth and last self-evident truth, citizens of a country have the right to organize a revolution if their government violates rather than protects their unalienable rights. The people have the right to overthrow such a government and install a new one that will behave in a way that would offer them safety and pleasure if the government is unable to achieve that.
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A consumer filed a products liability action against a manufacturer in federal district court based on diversity jurisdiction. Prior to trial, the manufacturer filed a motion in limine to exclude testimony by an expert on the consumer's witness list on the grounds that it was based on subjective belief and unsupported speculation. After holding a hearing, the judge granted the manufacturer's motion. Because of this ruling and the consumer's inability to produce other evidence in support of her case, the judge granted the manufacturer's subsequent motion for summary judgment. The consumer appealed the judgment, contending that the district court judge had erroneously excluded the testimony of the consumer's expert.
In reviewing this challenge to the trial court's ruling, what standard should the appellate court apply?
Abuse of discretion, because the judge had made an evidentiary ruling.
Absence of a genuine dispute and entitlement to judgment as a matter of law, because the ruling affected the summary judgment motion.
A preponderance of the evidence, because the ruling was outcome determinative.
Clearly erroneous, because the ruling was made by the judge.
According to the choices of alternatives provided above, it may be stated that the standard of abuse of discretion should be applied by the appellate court in the review of the challenge to the trial court's ruling being made. Therefore, the option A holds true.
The abuse of discretion may be taken into interpretation as the breach of law wherein an individual misuses the power of discretion in his or her hands, in order to use them for gaining personal benefits, or with the primary intentions of a guilty mind being portrayed by the user.
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when do the courts choose how to detain a juvenile and decide if the case will be handled formally or informally?
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.
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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What term is used to refer to the individual who files a complaint?
A complainant, or a plaintiff, is the term that is being used in the essence of referring to the individual who tends to file a complaint against an individual or a group.
A plaintiff may be time and again taken into consideration as the person who has been given the responsibility of making a complaint against an individual for the inconvenience or harm caused to him or her by an individual. The person against whom the individual files a complaint is known as the defendant. Both the plaintiff and defendant defend their views in the court of law.
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Treat alarm reports as potential crimes.
The statement "Treat alarm reports as potential crimes." is true
What is alarm?Generally, Yes, it is appropriate to investigate alarm reports as possible criminal acts. It is possible that police will be called to investigate the situation depending on the kind of alarm report that was received.
Because alarm reports could pertain to theft, vandalism, fire, or any number of other potential acts of criminality, it is imperative that they be taken seriously and that appropriate action be taken in response to them.
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state courts cannot have concurrent jurisdiction with federal courts. true/false
True. Federal courts and state courts cannot share concurrent jurisdiction. Even when a federal court has jurisdiction, state law matters may not be decided by federal trial courts inside a particular state.
The most suitable court site for a case is determined by the venue. Federal courts and state courts cannot share concurrent jurisdiction. When two or more courts from various legal systems simultaneously hold jurisdiction over a certain case, this is known as concurrent jurisdiction.
The parties will attempt to have their civil or criminal action heard in the court they believe will be most favorable to them, which frequently results in forum shopping. The ability of two or more courts from various jurisdictions to hear the cases mentioned below is referred to.
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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?
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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