The correct option is (c); Yes, because the court took all well-pleaded facts in the complaint as true and resolved all doubts and inferences in the defendant's favor.
What is third-part defendant?A third-party defendant is a person or entity that the primary defendant sues and adds to the case under the theory that they are accountable to the defendant for all or part of the plaintiff's claim.
For the given case:
The court must accept as true all of the well-pleaded facts in the complaint and resolve any questions and inferences in the complainant's favor before deciding whether to grant a motion to dismiss for failure to establish a claim on which relief can be granted. The complainant in this case is the defendant.Answer option A is erroneous because the third-party defendant's move was a motion to dismiss for failure to state a claim on which relief can be given, not a petition to dismiss for lack of subject-matter jurisdiction. Furthermore, not withstanding the lack of diversity of citizenship, the court has subject-matter jurisdiction over the defendant's contribution complaint since it is based on federal law, even though it may raise the question of lack of subject-matter jurisdiction on its own.B is the incorrect response option. The court may only take into account the claims in the complaint, any exhibits attached to the complaint, and any matters susceptible to judicial notice when deciding whether to grant a motion to dismiss for failure to establish a claim on which relief can be granted. (Remember that for a request for summary judgment, the court could take into account outside information like an affidavit.)Because any party against whom a claim is made may file a motion to dismiss for failure to articulate a claim upon which relief can be given, answer choice D is wrong.To know more about jurisdiction and its types, here
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Is there sex trafficking in Iowa
Answer:
30, 2020. From 2013 to 2017, the number of human trafficking reports in Iowa increased steadily, according to a report from the Iowa Office to Combat Human Trafficking. Reports decreased in 2018, increased in 2019, then fell off again in 2020.
Hope its helpful!
Answer:
30, 2020. From 2013 to 2017, the number of human trafficking reports in Iowa increased steadily, according to a report from the Iowa Office to Combat Human Trafficking. Reports decreased in 2018, increased in 2019, then fell off again in 2020.
Hope its helpful!
QUESTION 4
Malik and Zahara are neighbors involved in a boundary dispute. Malik sues Zahara, and Zahara receives written notice that Malik has
filed a lawsuit against her. Zahara has received
Oa an answer.
Oba default judgment.
4
What Zahara has received is C. a court summons.
What is a court summons?A court summons is an official notice of a lawsuit issued by a court to a person being sued.
The purpose of a summons is to notify the defendant about the court file and the date they are required to appear before the court.
Thus, what Zahara has received is a C. a court summons, not an answer or a default judgment.
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Which question can help a writer analyze a prompt and develop a claim for an argumentative essay?
A. Does the conclusion restate the claim?
B. What is the main purpose of the essay?
C. Is supporting evidence included?
D. Is the claim clearly stated?
The question can help a writer analyze a prompt and develop a claim for an argumentative essay What is the main purpose of the essay? Thus the correct answer is B.
What is an argumentative essay?An essay that makes an argument on a subject is called an argumentative essay. Presenting their justification and providing facts to support, it helps to persuade readers to appreciate and accept their point of view regarding a topic.
The arguments are conducted with evidence to achieve the purpose of the essay by providing appropriate information about the subject.
Therefore, option B, What is the main purpose of the essay will be an appropriate answer.
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You may not pass on a two-lane road with traffic moving in the opposite direction when approaching the crest of a hill or a curve in the roadway where the driver's view is obstructed within such a distance as to create a hazard. True or false
Answer:
True
Explanation:
Two-lane roads may have “no passing zones” marked with a SOLID YELLOW LINE. No passing zones are on hills or curves where you cannot see far enough ahead to pass safely. You must complete passing before you enter the no passing zone.
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It is true that you may not pass on a two-lane road with traffic moving in the opposite direction when approaching the crest of a hill or a curve where the driver's view is obstructed for the reason of safety.
When approaching a hill or a curve, the driver's view of the road ahead may be limited or completely obstructed.
Passing under such conditions significantly increases the risk of a collision with oncoming vehicles.
Without a clear view of the road and sufficient time to react to potential hazards, passing becomes extremely dangerous.
By prohibiting passing in these situations, traffic regulations prioritize the safety of all drivers and passengers on the road.
It allows drivers to have a better chance of observing potential dangers, adjusting their speed, and making necessary maneuvers to avoid accidents.
Adhering to this rule is vital for maintaining road safety, reducing the risk of head-on collisions, and ensuring a smoother flow of traffic.
Thus, it is essential to exercise caution and follow traffic laws to protect yourself and others while driving.
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All the following are common exclusions found in liability policies except? Negligence, damage to property owned by insured, losses covered under workers comp, damage to property in insured care, custody or control
Common exclusions found in liability policies are damage to property owned by the insured.
What are liability policies?
Liability insurance is a component of the general insurance system of risk financing that shields the buyer from the risks of liabilities brought on by lawsuits and other claims of a similar nature.
It also shields the insured in the event that the buyer is sued for claims covered by the insurance policy.
Hence, the choice of damage to property owned by the insured is correct.
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Laws to protect consumer privacy are quickly becoming the norm. California created the first of these laws in 2018. What is the name of this law?.
Answer:
CCPA, also known as Assembly Bill No. 375 in the California State Legislature, was passed and signed into law by Jerry Brown, then the Governor of California, on June 28, 2018.
Which two houses together forms the Legislative Branch of the US Constitution?
The Legislative Branch of the US Constitution enacts federal laws. It consists of two houses, which include the
and the ___
The Legislative Brand consist of the House of Representatives and the Senate.
1.what is the wave-like thing that exist in association with a moving particle and that governs its properties
Both a wave and a particle description of light are possible. The dual character of light has been highlighted in particular by two investigations.
What is made up of Light?Photons are electromagnetic field bundles that contain a set amount of energy and are the building blocks of light. Photons can be counted or even individually measured with sensitive enough studies.
Both a particle and a wave can be used to describe light. The dual nature of light has been demonstrated through two tests in particular. The particles we refer to as "photons" when imagining light as being composed of them are small. A certain quantity of energy is carried by each photon, which has no mass.
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Of the children who die in car crashes, how many of them die due to an improper restraint system
given your lack of context millions their is slot of people that do not follow the instructions on baby and toddler seats for cars
Explanation:
eye witness
Indicators are definite signs that abuse or neglect has taken place
Answer:
For abuse the signs are bruises, red marks, the person is crying or looks depressed etc.
Explanation:
If it's a child look at the parents are they making the kid or person work? Are they wearing better clothes then the victim.
someone know where demonhalf
i need him right now if you don"t know
just dont answer
Answer:
he’s inside me
Explanation:
If you were a prosecuting attorney, and you KNEW FOR FACT that the defendant had committed a crime, would you commit misconduct if it looked as if the defendant would be acquitted? Explain why. Does the level of crime or crime type matter in your answer? Why or why not?
As the prosecuting attorney, your role is to defend the defendant in regards to the case and even if they had committed a crime, you have to make sure that they are not proven guilty or they are acquitted.
To some extent, the level of crime or crime type matter because some prosecuting attorney will let their clients go if it a petty crime but when it is a crime such as murder, misappropriation of funds, they may never compromise.
What is this case about?If you known that it is a huge crime and your conscience cannot allow you to let the man go so that he will not do it again, you can tell the opposition lawyer anonymously but this may jeopardize your law career if caught.
The right thing to do is to step down from been the prosecuting attorney and then you can be free from that guilt of betrayal to yourself and to the defendant and then one can properly submit the evidence to the opposition lawyer.
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What is the highest amount you can be fined by the Maryland Real Estate Commission for a serious violation
The highest amount you can be fined by the Maryland Real Estate Commission for a serious violation is $10,000.
ViolationIn a situation were a real estate agent receive a rental income on behalf of his or her client or customer and fails to give it to the client the real estate agent will be fined $10,000.
This happen because the real estate broker has violated Maryland Real Estate Commission rules and regulations or policy.
Therefore The highest amount you can be fined is $10,000.
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What exactly is the war in Ukraine about?
Answer:
The Russo-Ukrainian War is an ongoing war between Russia and Ukraine. It was started by Russia in February 2014 following the Ukrainian Revolution of Dignity, and initially focused on the status of Crimea and the Donbas, internationally recognised as part of Ukraine.
How do you compare the influence of the citizens participation, political parties, and interest groups on federal and state politics
Answer:
The influence of citizen participation, political parties, and interest groups on federal and state politics is likely to continue to change in the future as a result of the Citizens United decision. One challenge that may be faced as a result of the Citizens United decision is that candidates who are supported by outside groups that are spending money on their behalf may be beholden to those groups.
Explanation:
The influence of citizen participation, political parties, and interest groups on federal and state politics varies depending on the issue and the level of government.
The influence of citizen participation, however, tends to be greater at the state level as opposed to the federal level. This is so that individuals can participate more easily in state politics because state administrations are more accessible to the general public.
Additionally, political parties have more sway at the state level than to the federal level. This is due to the fact that state-level political parties are generally smaller and more ideologically unified. Political parties now have an easier time influencing state governance.
The influence of interest groups extends to both the federal and state levels. Nevertheless, depending on the level of government, different interest groups have different levels of influence.
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A driver was operating his vehicle along a residential street at the posted speed limit when he saw a ball roll across the street. The driver did not slow down because the ball cleared his path before he reached it. A few seconds later, a child darted out into the street after the ball without looking for cars. The driver's car struck the child, and the child was injured. The child's parents brought an action on the child's behalf against the driver in a jurisdiction that follows traditional contributory negligence rules. At trial, the above facts were established. At the close of the evidence, the driver moved for a directed verdict. What should the court do
Deny the driver's motion because it will be up to the jury to determine whether he should have slowed down to below the speed limit. A jury could find that a reasonable prudent person under similar circumstances (watching the ball roll into the street) would slow down to avoid any foreseeable risk of hitting a child darting into the street.
At the trail for the injured child, as the driver moved for a directed verdict; the court will "deny the driver's motion".
What is Direct Verdict?A trial judge's decision to direct a jury's judgement is made after concluding that there is insufficient legal evidence to allow a fair jury to reach a different verdict. A directed verdict may be granted by the trial court spontaneously or in response to a motion made by either party.
The direct verdict is asked by-
In a criminal trial, the defense attorney for the defendant may move to have the charges dropped on the grounds that the prosecution has not made its case.In effect, in both kinds of cases, the lawyer asks the judge to direct a verdict for the defendant. The judge will either grant or deny the motion.Reason for the denial of drivers' verdict is-
As for the given case of child accident, the court will deny the driver's motion because because the jury will decide whether or not he ought to have slowed down to the legal pace. A jury could decide that a reasonable, cautious individual would have slowed down in the same situation (seeing the ball roll into the street) to reduce the likelihood of running into a youngster who was darting into the roadway.To know about the authenticity of evidence, here
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Gene got medicare before he turned 65 and enrolled into a medicare advantage plan. He calls in february the month before his 65th birthday and is unhappy with his current plan. On the date of the call, what can gene do about his coverage?.
Because he is already on an existing plan of medicare, he can request for an additional coverage to adjust the current plan.
What is a medicare?This is a public program that provides a health insurance to individuals that are aged 65 and over or with a disabilities.
Despite been over 65 years and already on an existing plan of medicare, he can request for an additional coverage to adjust the current plan.
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A state law is:
Laws that are the same across the entire country.
Laws unique to that particular state.
Laws that do not come from the Constitution.
Laws that U.S. citizens must follow while visiting other countries.
Answer:
B. Laws that do not come from the Constitution.
Which administrative penalty can be imposed against a retail licensee that knowingly permitted the illegal sale, or negotiations for the sales, of controlled substances or dangerous drugs upon his or her licensed premises?.
A administrative penalty that may be imposed by the ABC for violations on the license premises is a 10-day suspension for operation.
How does in administrative violation?This type of violation occurs on an ABC licensed premises which makes the license of that premises be at risk for administrative penalties.
Hence, the administrative penalty that may be imposed by the ABC for violations on the license premises is a 10-day suspension for operation.
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Identify and define post traumatic stress disorder and then explain what is meant by trauma-informed care. Describe the Cognitive Behavioral Intervention for Trauma in Schools (CBITS) program,and how it address trauma issues.
Post-traumatic stress disorder (PTSD) serves as a mental health condition which can occur in individuals as result of terrifying event..
Trauma-informed services that help in treating those that are affected by trauma by not re-traumatise or blame victims in their bid to manage their traumatic reactions.
Cognitive Behavioral Intervention for Trauma is a a skills-base that help in relieving symptoms of Posttraumatic Stress Disorder especially in children.
What is Trauma?Trauma serves as as the depression, as well as general anxiety in individuals which can bring different symptoms :
nightmares and severe anxiety uncontrollable thoughts about the event.Learn more about Post-traumatic stress at:
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When only one court has specific authority to decide a particular type of case, the court has what kind of jurisdiction
Exclusive Jurisdiction
An example of procedural law is:
A.
A law prohibiting employment discrimination
B.
A law making stealing a crime
C.
A law requiring that a complaint be filed to begin a lawsuit
D.
A law requiring a person to be 16 years old to obtain a driver’s license
Answer:
I think it's letter C
Explanation:
Law that establishes the rules of the court and the methods used to ensure the rights of individuals in the court system.
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Situation 1
You are a correctional officer supervising a tier. One of the inmates comes to you and asks a favor. Because he is a troublemaker, his mail privileges have been taken away. He wants you to mail a letter for him. You figure it’s not such a big deal; besides, you know he could make your job easier by keeping the other inmates on the tier in line.
What would you tell inmate?
How would you exhibit consistency, fairness, and flexibility?
1. Initially, I would refuse the inmate's request unless he discloses that the mail was for family members and relations.
2. To exhibit consistency, fairness, and flexibility, I would adhere to the ethical codes of the American Correctional Association while respecting individual dignity.
What are the ethical codes of the American Correctional Association?The American Correctional Association requires members to comply with the following ethical codes:
HonestyRespect for individual dignityCommitment to professional and compassionate service.Thus, based on the above, I would ensure that the inmate understands the limit of his rights, show compassion when required, and exhibit professionalism at all times.
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How are presidential vetoes and congressional overrides related to partisan control of government?.
Congress's power to override the President's veto forms a “balance” between the branches of the lawmaking power.
Does the manager of a licensed establishment need to obtain an rbs certification?.
It is unnecessary for a manager of a licensed establishment need to obtain an RBS certification.
What is a RBS certification?This certification is issue to people that is responsibly serve alcoholic beverages for on-premises consumption and mitigate alcohol-related harm in California communities.
Most time, it is issued when the RBS course is obtained by people working at an establishment with an “ABC" on Premise License.
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A man orally agreed to sell his car to a woman for $5,000. Under the terms of the agreement, the woman would make a down payment of $1,000, and then monthly payments of $200 for 20 months. The parties agreed that the woman could make larger monthly payments to pay off the debt on the car earlier if she wanted to. The woman took immediate possession of the car under the terms of the contract. After the woman took possession of the car, she made significant improvements to it, repainting it and repairing several dents in the body. Does the contract for the sale of the car fall within the Statute of Frauds?
a. Yes, because it is a contract for the sale of goods for $500 or more.
b. Yes, because the contract is for more than one year.
c. No, because the woman made significant repairs to the car.
d. No, because the woman already took possession of the car.
A resident was restrained after refusing to take his medication. What right is being violated?.
Answer:
It's the health care workers they did not teach the resident about the disease or the medication. Also it's the resident right to not take the medicine because it's there body and health but the healthcare also should educate.
A resident was restrained after refusing to take his medication. The right that is being violated is to be free from abuse.
What are rights?The rights are a the set of principles or entitlements that are recognized and protected by law or society, and which the individuals or groups are entitled to enjoy without interference or infringement.
These can include the legal, moral, ethical, or natural rights that are considered fundamental to human dignity, freedom, and well-being. The examples of rights are the right to life, liberty, and security of the person, the right to free speech and expression.
The right that is being violated if a resident was restrained after refusing to take his medication is the right that is is to be free from abuse.
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What is the legal process of a property or properties in an unincorporated area or county becoming part of a neighboring city
Answer:
The two most prevalent types of city boundary changes are incorporation, which is the creation of a city government in unincorporated territory of a county, and annexation, which is the addition of unincorporated territory to an existing city.
In a case properly brought in federal district court, the plaintiff alleges that the state police, acting under a longstanding custom of using excessive force in traffic stops, beat him up during a routine traffic stop. The plaintiff requests $100,000 in damages to remedy this injury and, fearing that the state police are targeting him, also requests preliminary and permanent injunctions prohibiting the police from using excessive force against him. The court issues an order refusing to grant the plaintiff a preliminary injunction and setting the case for trial. Three weeks later, the plaintiff appeals this order to the appropriate U.S. Court of Appeals. Can the appellate court hear this appeal
For the case brought in the federal district. The plaintiff appeals given order to the appropriate U.S. Court of Appeals. In that case, Yes, the appellate court hear this appeal as a matter of right.
What does the US Courts of Appeals do?The United States Courts of Appeal do not look into the facts of a case; instead, they consider appeals from lower courts in both civil and criminal proceedings. Instead, the Appeals Courts look at whether the lower courts implemented the law fairly and correctly.
Some characteristics of U.S. Courts of Appeals are-
The appellate courts don't hold new trials or consider fresh evidence. They are not exposed to witness testimony. No jury is present. To ensure that the proceedings were fair and the appropriate law was applied correctly, appellate courts examine the processes and rulings made by the trial court.Therefore, in this case; even though most non-final (interlocutory) orders are not appealable, those involving injunctions are automatically appealable straight away.
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Do you think the federal government should be able to force Texas and other
states to follow federal policies that they normally wouldn't have to in exchange for receiving money
from the federal government?
I do not think that the federal government should force Texas and other states to follow federal policies in exchange for federal aid because the constititution discourages this.
What is federal aid?Federal aid includes federal grants, loans, or other federal assistance for certain federal programs or policies.
The constitution does not empower the federal government to hamstring states to follow its policies. However, with federal aid, the federal government can influence states, including Texas.
Thus, I do not think that the federal government should force Texas and other states to follow federal policies in exchange for federal aid.
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