A construction contractor brought a breach of contract claim in federal court against a homeowner who had hired the contractor to build an apartment over an existing garage. The action turned on the scope of the work covered by the contract. The contractor and the homeowner were the only witnesses at the bench trial, and they strongly disagreed about the scope of the work. At the end of the trial, the judge stated findings of fact on the record but never issued a written opinion. Neither party objected to the findings. The judge found in favor of the homeowner, and the contractor appealed. Is the appellate court likely to overturn the findings?

Answers

Answer 1

Answer:

No, because the appellate court must give due regard to the trial judge's opportunity to determine witness credibility.

Explanation:

Appellate courts or appeal courts are those that are empowered to review judgements that have been given at trial by lower courts.

Appeal courts exist at the state and federal level and they do not use a jury to review judgements.

In the given instance the construction contractor and home owner did not disagree on the findings of the trial judge and never issued a written opinion.

The appeal court is not likely to overturn the findings because they must give due regard to the trial judge's opportunity to determine witness credibility.

The trial judge should give a written opinion on the matter before the appeal court can delibrate


Related Questions

This person is the leader of the House of Representatives and he/she also helps to shape and direct the strategy of their majority party

House Majority Whip

Speaker of the House

President Pro Tempore

Speaker of the Senate​


someone help pleaseee

Answers

Answer:

Speaker of the House

Answer:

This person is the leader of the House of Representatives and he/she also helps to shape and direct the strategy of their majority party

Speaker of the House

Explanation:

took the k12 test

What is 9 + 10 I need it like I’m falling law plz help

Answers

Answer:

9+10 is 19

Explanation:

take 9 and add 10 and you have 19.

Oswaldo Enterprises, a US company, began to do business in a small Asian nation. The representatives of Oswaldo bid on government contracts. Although they were by far the lowest bidder and were offering to sell a superior product, Oswaldo never was awarded a contract. Oswaldo officials learned after inquiring that high-level officials had to be given substantial sums in bribes to be awarded a contract. Oswaldo officials paid the bribes and were awarded the contracts. Oswaldo officials are considering this as a necessary cost of doing business, but they are concerned about violating U.S. law.

Required:
Discuss the implications of this under the Foreign Corrupt Practices Act.

Answers

Answer:

This is a violation of the Foreign Corrupt Practices Act (FCPA)

Explanation:

The Foreign Corrupt Practices Act (FCPA) is a United States government law enacted in 1977. It prohibits practice of bribe payments to foreign officials with the aim of retaining business or gaining contracts.

This law covers those with ties to the United States and those that violate the law within the United States.

So nationals of the US must obey FCPA regulations even when they are outside the country.

In this scenario the action of Oswaldo officials who paid the bribes and were awarded the contracts, considering this as a necessary cost of doing business is a clear violation of FCPA regulations

Answer me pleaseee!!!
Alison and Brad need money to pay their bills and decide to rob a bank. Brad drives the getaway car. Alison goes into the bank and pulls out her gun, announcing, "This is a stickup. Don't move!" The bank guard, Gordon, shoots at Alison but misses, killing Dawn, a bank customer. Determine who can be charged with the crime of homicide and the degree of homicide for which he or she should be charged. Give reasons for your answers.

Answers

Alison would be charged with attempted robbery and her husband would be charged for being the get away. Now I don’t think the guard will be charged but he may get fired and maybe some lawsuits

Her spouse would face charges for being the getaway while Alison would face charges for attempted robbery. Currently, I don't believe the guard will face charges, but he might be fired and face legal action.

What are the four categories for crime?

Grading is the term for this. Infractions, felonies, misdemeanors, and felony-misdemeanors are the four main classifications of crimes. Mu-rder and nonnegligent mans-laughter, ra-pe, robbery, and aggravated assault are the most common UCR violent offenses, followed by burglary, larceny-theft, and theft of a motor vehicle.

What constitutes a homicide?

Any mur-der committed by a human being against another human is referred to legally as homicide. A justified police killi-ng of a suspect or a kil-ling committed out of self-defense are examples of homicides that are not always crimes. Illegal homicides are crimes such as mur-der and mans-laughter.

What distinguishes murders from homicides?

Two of the crimes that make up homicide are mur-der and mansl-aughter. Mansl-aughter can be committed in one of three ways: by killing with the purpose to kill but where a partial defense, such as loss of control, applies; by reducing blame; or by killing in accordance with a su-icide agreement.

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Question 1
1. The granting of civil liberties (fundamental rights) protects the rights of:
O A. Federal government
B. State government
O C. Private Individuals
O D. Public institutions, State and Federal governments

Answers

Answer:

C us the correct answere

Articles of Confederation provided for a Congress that met for one-year terms. Why do you suppose the Framers of the Constitution created a Congress that meets for a term of two years?

Answers

Answer:

can you provide more information

Explanation:

_______________ is a federal program to provide medical insurance for most persons older than 65 years of age.

Answers

Answer:

here's your answer

medicare

Explanation:

Medicare is our country's federal health insurance program for people age 65 or older. ... The program helps with the cost of health care, but it doesn't cover all medical expenses or the cost of most long-term care. You have choices for how you get Medicare coverage.

Answer:

medicare

Explanation:

yes it is indeed medicare

Which debates do you think are more valuable to voters?
A. Presidential debates
B. Vice-presidential debates
C. Both presidential and vice-presidential debates
D. I'm not sure
Select an answer

Answers

Answer:

C

Explanation:

where is leader is called the “speaker”

Answers

Answer:

Explanation:

Elected by the whole of the House of Representatives, the Speaker acts as leader of the House and combines several roles: the institutional role of presiding officer and administrative head of the House, the role of leader of the majority party in the House, and the representative role of an elected member of the House ...

Answer:

Elected by the whole of the House of Representatives, the Speaker acts as leader of the House and combines several roles: the institutional role of presiding officer and administrative head of the House, the role of leader of the majority party in the House, and the representative role of an elected member of the House

Explanation:

A holding is the court's complete answer to an issue that is critical to deciding the case and thus gives guidance to the meaning of the case as a precedent for future cases. true or false

Answers

Answer:

TRUE

Explanation:

When we refer to a holding, we rightly talk about the determination of a matter of law by the court which is based on the issues that are brought forward in that particular case.  

It is also the same as a decision in court made by the judge which is the judge’s opinion that has discussion of facts, issues and law.  

100 POINTS HELP FAST!!!!!!
Incarceration is also known as
A. imprisonment
B. the death penalty
C. parole
D. probation

Answers

Answer:

a

Explanation:

Do you consider donations to a politician to be “free speech”? Explain why or why not

Answers

No, It is because it is still money.

What is cultural bias

Answers

Answer:

Cultural bias is the phenomenon of interpreting and judging phenomena by standards inherent to one's own culture. The phenomenon is sometimes considered a problem central to social and human sciences, such as economics, psychology, anthropology, and sociology.

Explanation:

if you need more comment

Answer:

Cultural bias is the phenomenon of interpreting and judging phenomena by standards inherent to one's own culture. The phenomenon is sometimes considered a problem central to social and human sciences, such as economics, psychology, anthropology, and sociology. Some practitioners of the aforementioned fields have attempted to develop methods and theories to compensate for or eliminate cultural bias.

Cultural bias occurs when people of a culture make assumptions about conventions, including conventions of language, notation, proof and evidence. They are then accused of mistaking these assumptions for laws of logic or nature. Numerous such biases exist, concerning cultural norms for color, mate selection, concepts of justice, linguistic and logical validity, the acceptability of evidence, and taboos.

Explanation:

...

What was the purpose to Thomas Paine’s Common Sense and what Foundational American document did it help inspire?

Answers

It helped to convince loyalists to become patriots I’ll try to find the second answer

THE ROAD SIGN PICTURED IS USED TO PREVENTj

Answers

There is no picture provided.

Beethoven lost his hearing but continued to write music by doing what?

A.
transcribing what he heard

B.
getting help from friends

C.
feeling the frequencies of the notes on the piano sounding board

D.
listening intently

Answers

Answer:

C

Explanation:

I hope I helped!

Answer:

C) feeling the frequencies of the notes on the piano sounding board is the answer you are looking for :)

Explanation:

Hope this helps! :)

Match each economic term with its definition.

Answers

There’s no terms or definition

Answer:

measures general price changes occurring

in an economy - consumer price index

the total dollar amount of all goods,

services, and structures (buildings)

produced within a country in a year - gross domestic product (GDP)

when one country or organization has

the ability to produce a good or service

at a lower cost than competitors - comparative advantage

an increase in the supply of currency

that results in a decrease in the currency's

value and higher prices - inflation

the result of an alternative option that

is lost because you chose a different plan- opportunity costs

Explanation:

PLATO


1. Explain the difference between Ethics and Moraity.​

Answers

Answer:

Both morality and ethics loosely have to do with distinguishing the difference between “good and bad” or “right and wrong.” Many people think of morality as something that's personal and normative, whereas ethics is the standards of “good and bad” distinguished by a certain community or social setting.

Answer:

Both morality and ethics loosely have to do with distinguishing the difference between “good and bad” or “right and wrong.” Many people think of morality as something that's personal and normative, whereas ethics is the standards of “good and bad” distinguished by a certain community or social setting.

Explanation:

plz mark me as brainlist

Do you think it would be useful to determine the chemical properties of any of the evidence? Why or why not?

Answers

Yes, because if there’s a strange substance near/in or on the victim that may be able to tell a cause of death. This isn’t that good srry

It is useful to determine the chemical properties of any of the evidence because if there is a strange substance near or on the victim that may be able to tell a cause of death.

What are chemical properties?

Chemical properties are any characteristics of a substance that can only be formed by changing its chemical identity. Chemical properties are those that manifest themselves during or after a chemical reaction.

Simply put, looking at or feeling a substance's chemical properties is impossible; instead, the substance's internal structure must be significantly altered in order to conduct an investigation into its chemical properties. When a substance undergoes a chemical reaction, it undergoes chemical change, which results in significant changes in its properties. However, a catalytic feature would be an additional chemical feature.

Therefore, the chemical properties of the evidence helps to determine the cause of death.

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is it true or false Both the Senate and House of Representatives contain the same number of members from each state.

Answers

Answer:

false

Explanation:

the senate contains one hundred and the house varies

false. the senate contains 100.

who whats Trump to be president again and who wants Biden

Answers

biden for president

Answer:

Trump

Explanation:

look up trump protecting the LGBTQ community  is a video from trump in 2016 saying he is going to do anything possible to keep the LGBTQ community safe so for all you saying that Biden is the one who supports read this look up Biden not supporting LGBTQ its Biden opposing the LGBTQ community. Trump hired the best physicians in America and they said that masks are useless and are not helping any. If we vote Biden we may never see the end of the restrictions. Biden also has dementia  he cant remember what year it is look up Biden not remembering what year he became VP this is a clip of him not remembering what year he became VP. Biden also accused trump of having those kids at the border well let me tell ya this most of those kids are from when Obama was in office and guess who was his VP Biden and in the 8 years they were in office they did nothing. Trump in my opinion is what this country needs, yes he can shut his mouth sometimes but he has done right by our country



Discus in detail why you think it is important or necessary to study the source of law of a given society.

Answers

Answer:

Often, the careful examination of where the roots of a given society's laws lie, can provide comprehensive insight in the core beliefs of the society as well as information on how they perceive the world. For instance, a law that dictates harsh punishments for petty crimes can lead the inference that that society values law and order and strives for perfection. Laws based on religious teachings can tell us that the society is religious and is not secular. Simple examinations on laws such as these can provide much insight on the character of the society. Often, law is the reflection of those who created it.

Which of the following is a supervisory position?
O captain
assistant chief
O paramedic
O fire chief

Answers

Answer:

So I say.......A!~ Hope it helps sorry if you get it wrong or I got it wrong-)

Explanation:

A supervisor is responsible for the productivity and actions of a small group of employees. The supervisor has several manager-like roles, responsibilities, and powers. ... As a member of management, a supervisor's main job is more concerned with orchestrating and controlling work rather than performing it directly.

~The Confuzzeled homan

Imagine you’re a supervisor in a field of criminal justice and have received reports of miscommunication and misunderstandings stemming from diverse issues. You decide to write a memorandum to your staff to educate them on some communication strategies.

Answers

To write this memo, you should follow the formal structure for a legal memo, while providing clear communication strategies.

What is a memorandum?

This is a formal document that is used in law to provide advice about a specific legal case or a situation.

How to write a memorandum?Follow the formal structure that includes the opening, the body, and the conclusion.Use formal language and a serious tone.On the body section, focus on the main purpose of the memorandum; in this case, communication strategies.Be formal and follow the structures but focus on the message.

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What is the bet for elf’s acting on the box

Answers

Maybe 10N

I hope this helps

Answer:

the answer us 10 n:

the vertical components cancel out but the horizontal componenets add 10n to the lwft

Are there any circumstances under which
reporters should be required to reveal or protect their
confidential information or sources?

Answers

Answer:Do reporters have to reveal their sources?

State constitutions and common law. ... Roughly 30 states have passed statutes, called shield laws, allowing journalists to refuse to disclose or testify about confidential or unpublished information, including the identity of sources. The statutes vary significantly from state to state in the scope of their protections.

Explanation:hope this helps

The Magna Carta would put England in the long road to establishing a lawmaking body. What is this lawmaking body or legislature called?

Answers

Answer:

The answer is Parliament

PLEASE HELP FOR BRAINLIEST

1. Which of the following is NOT an example of an incident type listed under Driver Removal laws?

A. Vehicle is able to be safely driven to a safer location

B. Accident resulted in a fatality, but the fatality was
NOT the driver

C. Hazardous materials were NOT being transported

D. Attended or unattended vehicles or cargo

Answers

Answer:

B. Accident resulted in a fatality, but the fatality was NOT the driver.

Mortality was caused by the accident, although the driver was not the fatality. As a result, Option (B) is the appropriate response.

What are road safety measures?

The techniques and precautions taken to avoid the death or serious injury of road users are referred to as road traffic safety. Typical road users include vehicles, cyclists, pedestrians, riders on horses, and those using on-road public transportation.

Most often, accidents happen as a result of a road user's negligence or lack of awareness about road safety. As a result, learning about road safety is just as important as learning other survival basics.

Wearing seatbelts and helmets, crossing only at zebra crossings, walking cautiously on sidewalks, paying attention to speed restrictions, and never drinking and driving are a few examples of road safety precautions.

Hence, option (B) is accurate.

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You are planning a hunt that will involve
strenuous physical activity. Well in
advance of the hunt, you should begin
to:
A
get in shape
B
pack your equipment
с
stalk your quarry
D
load your firearms

Answers

Answer:

b

Explanation:

The individual is planning to involve in the activity of hunt that involves strenuous physical activity and for this, he should begin to get in shape.

It's a matter of perception when it comes to the moment defining strenuous activity or vigorous exercise, as it depends on how difficult a particular activity feels to perform.

A brisk walk may be difficult for someone who is out of shape, but it may not be at all difficult for a marathon runner.

Before getting into the hunting activity, the individual has to get involved in the physical activities and that needs a person to be in the shape and the perfect desired adorable get up to perform the activity.  

Therefore, the correct option is A.

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A job search should be treated like a full time job. Please select the best answer from the choices provided T F
false

Answers

Answer:

t

Explanation:

Answer:

The answer is True!

Explanation:

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