Pat sued Vince for breach of contract. Pat testified that Vince had agreed to work as a salesman for a 10 percent commission. Vince testified that the commission was to be 15 percent. There were no witnesses to the conversation that created the oral contract. Assume that the case is tried before a jury.
a. Which party has the burden of producing evidence as to the terms of the contract?
b. Which party has the burden of pursuasion?
c. What standard of proof is required? Explain
d. Is it possible for the jury to find for Pat without any corroborating evidence? Explain
Question: "Which party has the burden of producing evidence as to the terms of the contract?"
A) The initial Burden of producing Proof of the agreement which states that Vince had agreed to a 10% commission falls on the Plaintiff which in this case is Pat.
This position is based on the Latin maxim Semper necessitas probandi incumbit ei qui agit which means "the necessity of proof always lies with the person who lays charges"
A Plaintiff is a person (corporate or individual) who brings a legal case against another person (corporate or individual) in the court of Law. The other party who is being sued is called the defendant.
After the Plaintiff has provided evidence or proof of the agreement, to establish the fact regarding the case, the burden shifts to the defendant.
Question: "Which party has the burden of persuasion?"
B) Until the case is discharged, the burden of persuasion will rest solely on the Plaintiff (Pat). The Plaintiff will only succeed in its claim when they are satisfied with the persuasion of the plaintiff.
Once the burden of persuasion has been completely discharged as required by the trier(s) of fact, then, the party carrying the burden of persuasion will have won the case.
Question: "What standard of proof is required?"
C) Given that the case here is one regarding a dispute over the terms of a contract, the standard of proof, therefore, is the balance of probabilities. This is also used in civil claims.
Question: "Is it possible for the jury to find for Pat without any corroborating evidence?"
D) For Pat to win this case, he would need to provide evidence that proves beyond reasonable doubt that he and Vince had entered into a Sales Contract and that the term of the contract was a 10% commission to Vince, and that Vince agreed to it.
Cheers!
Penny had carelessly left marbles on the steps of her house. When Bijou came to visit, she broke her leg by slipping on those marbles and severely damaged her spine. While in the hospital recovering from her fall, her body being weak from all the antibiotics, readily contracted a viral infection. Under these circumstances, Penny is most likely to be liable:______
a. only for the damage to Bijou resulting from her fall.
b. only for Bijou's viral infection.
c. for injuries sustained by Bijou and also for the viral infection.
d. for neither problems because Bijou should have been careful.
4. What is the value of a legal risk management plan?
Answer:
The objective lower the damage or the risks on the Company
Explanation:
Definition in my own words:
So the value of a risk management plan is a object or a plan you can say to lower/under the harm/damage on the company or the organization.
Short form:
The objective lower the damage or the risks on the Company.
Key words:
1: Organization
2: value
3: Management
Hope this helps.
(Courts & Civil Liberties 04.01 MC) A federal case in Texas would began in a
Answer:
d. US Court of Appeals for Circuit Five.
Explanation:
According to a different source, these are the options that come with this question:
a. Texas trial court.
b. Texas court of last resort.
c. U.S. District Court for Circuit Five.
d. U.S. Court of Appeals for Circuit Five.
A federal case in Texas would most likely begin in a U.S. Court of Appeals for Circuit Five. This would be a federal appellate court, which would mean that the court would have appellate jurisdiction. The rulings that such a court makes may be appealed to the Supreme Court of the United States. The Fifth Circuit hears cases in the states of Louisiana, Mississippi and Texas.
Which of these conclusions about a premise of Obama's argument is supported by the text? A Leaders must often guide a country through simultaneous challenges. B Leaders must often make difficult choices to address competing needs in society. C The problems facing leaders today are more complex than those in the past. D The problems facing leaders today are largely of their own doing.
Answer:
C The problems facing leaders today are more complex than those in the past.
Explanation:
The leaders are one who set direction and guide people to do things rights in a set direction. Leader has a quality to inspire people and then people start following them. The president is the leader of the country whose decisions make an impact on the country. There are situations where leader has to make difficult decisions in order to save the country from challenges. The today world is exposed to more complex challenges than in the past.
You are the city manager and the budget is tight. Your options are either to raise taxes and/or fees, cut programs and services, or raise taxes and cut services. Which do you choose? If you are going to cut services, which services do you cut? Once your decision is made, how do you sell your idea to the city council and the residents of your city that this is the best option?
The correct answer to this open question is the following.
As the city manager and knowing that the budget is tight, I would choose to raise taxes and cut programs. The programs I would choose would be the ones that have less impact in the medium to lower classes. I would establish the priorities of the government that clearly are the creation of jobs and health services. I would sell my idea to the city council and the residents of your city that this is the best option in that I would tell them that these are temporary measures while the economic situation could be transformed in 6 to 12 months. The government would save some money stopping unnecessary expenditure, and there will be some financial incentives to entrepreneurs and businessmen that decide to create new business in the city.
How would you behave to alleviate the distress
Answer:
Identify your needs. ...
Focus on what you want — not on what you don't. ...
Honor your needs. ...
Get moving. ...
Develop a nurturing voice. ...
Reverse the “Golden Rule.” ...
Practice a soothing gesture. ...
Practice different perspectives.
Explanation:
Legal search warrants have certain requirements. Which of the following is not a requirement? A. must specify the time the warrant is to be executed. B. must specify the place to be searched. C. must specify the item(s) to be seized. D. must be served by two or more law enforcement officers.
Answer:
D) Must be served by two or more law enforcement officers.Explanation:
Why option (A) is not probable:
"Every search warrant shall contain the date and time it was issued. However, the failure of any such search warrant to contain the date and time it was issued shall not render the warrant void, provided that the date and time of issuing of said warrant is established by competent evidence."
Why option (B) and (C) are not probable:
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
(Fourth Amendment)
Why option (D) is probable:
No where does it say that search warrants are required to be served by two or more law enforcement officers.
Among all the given requirements, the one that is not a requirement for a Legal search warrant is that it must be served by two or more law enforcement officers. Hence, Option D is correct.
What is a Legal search warrant?The time and date that a search warrant was issued must be listed on it. The absence of the date and time of issue from any such search warrant, however, does not render it void as long as the date and time of issue are supported by reliable evidence.
The people's right to be secure in their homes, possessions, and papers against arbitrary searches and seizures must not be breached, and no warrants may be issued unless there is probable cause, backed by oath or affirmation, and specifically defining the location to be searched.
Therefore, Option D is correct.
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Madison Mayberry, a black woman, has worked in the mailroom at Worldwide Pictures for 16 years. When a mailroom supervisor position becomes open, Madison applies for the job but she is not selected. Instead, Renee Alton, the director of administration, hires Sally Wright, a white woman. When Madison complains to Renee, she says that she selected Sally because they are best friends and Sally needed a better job after her divorce. Madison files a complaint of racial discrimination with the EEOC.
Select one:
a. Madison will not prevail because it would be an undue hardship for Sally if she were not selected for the supervisory job.
b. Madison will prevail on her complaint because Renee's explanation is unbelievable and is an obvious pretext for discrimination.
c. Madison will prevail on her complaint because she is clearly better qualified than the person who was selected and that person is of a different race.
d. Madison will not prevail because not every decision that is arbitrary or unfair is discrimination.
Answer: Madison will not prevail because not every decision that is arbitrary or unfair is discrimination.
Explanation:
Based on the issues discussed in the question, if Madison files a complaint of racial discrimination with the Equal Employment Opportunity Commission(EEOC), it is highly unlikely that Madison will prevail based on the facts that were presented in this summary.
Madison already made a complaint to Renee who told her that she gave Sally the job because they are friends and she needed a better job after her divorce. There's no issue regarding discrimination in what happened on this case.
Fro her to prevail, she must prove specific violation in this case or demonstrate a pattern of discrimination in the workplace that has resulted in a race favored over another.
Critical control points do not include:
>Storing food
>Purchasing food
>Cooking food
>Reheating food
Answer:
The correct option is;
1. Storing food
Explanation:
Tracking and checking the complete food production system from the farms to the point of consumption to determine, prevent and manage potential hazards before they take place is enabled by the Hazard Analysis Critical Control Points (HACCP)
A critical control point is a stage in the processing of food at which there is an opportunity for hazard prevention or reduction to reasonably acceptable levels. Procedures and operations that can lead to outbreak of foodborne diseases are critical control points
Processes such as storing food, cooking of the food, and, reheating are examples of critical control points.
Answer:storing food
Explanation:looked up the answer on answersheet
what is the ideology of democracy?
cual es la ideología de la democracia?
Which of the following is a question of fact?
A. Whether a vehicle ran a traffic light.
B. Whether pre-meditation is necessary for a first-degree murder conviction.
C. Whether speech is protected by the First Amendment.
D. What is necessary for service of process?
E. Whether a vehicle ran a traffic light and also what is necessary for service of process?
The one among the statements that i a question of fact is Whether a vehicle ran a traffic light.
For better understanding, lets explain what question of fact means
Question of Fact is simply known as when a speaker wants to persuade people about how to interpret facts that was presented.In law, question of fact, focus on questions that must be answered by the act of one's reference to facts and evidence as well inferences arising drawn from those facts. it is also known as a question for the jury in a jury trial or for the judge in a bench trial. Fact questions are evidentiary questions in nature and are often concern with who, what, where, and when.From the above, we can therefore say that the answer is that the one among the statements that a question of fact is Whether a vehicle ran a traffic light, is correct
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what is a recent example of gender based violence
Answer:
female harrasment
Explanation:
an example of gender based violence is female harrasment
2. Salva y Emilio son comerciales en una oficina de seguros situada en un antiguo bajo comercial de 45 cm2. La altura de la oficina es de 2,60 metros, las puertas tienen una anchura de 75cm y los pasillos de 90cm. Cuando se va la luz de noche se queda todo oscuro ya que no hay ninguna luz de emergencia. ¿Qué condiciones de los lugares de trabajo incumple esta oficina?
Answer:
Incumple algunas condiciones muy importantes para ser un lugar de trabajo seguro.Veremos algunas de esas a continuación:
Explanation:
En primer lugar podemos decir que para ser una oficina de seguros no debería estar en esa ubicación,pues debido a su función de comercializar y de ofrecer seguros ,deberia ser mas claramente visible y seguro.
El que los pasillos tengan solo 90cm significa que es demasiada estrecha la oficina ,lo cual dificultad el tránsito no solo de los dos empleados sino también el de los posibles clientes.
El que se vaya la luz y quede totalmente oscuro sin un poquito de luz o visibilidad por ninguna parte es realmente preocupante porque eso significa que además de no contar con ventanas por su ubicación,posiblemente no tiene zonas ni salida de emergencia ,ni otras posibles zonas de paso en caso de una emergencia natural como un terremoto o un incendio.
Greg invites his supervisor (Leslie) and two other colleagues (Wanda and Eileen) to go fishing on his boat. While fishing, they have some beers. Eileen gets so drunk that she falls overboard. Greg, Leslie and Wanda rescue Eileen with the help of the harbor police. Leslie reports the incident to the management of the company, which opens an investigation. Greg refuses to cooperate and is disciplined.
a. Greg has a privacy right to keep silent because the incident happened at a social occasion and away from the work place.
b. Greg has a 5thAmendment right not to cooperate because the information that he provides might be used against him by the company in a disciplinary proceeding.
c. Greg's rights have not been violated because the company has legitimate business reasons for seeking information about the fishing incident.
d. Although Greg's right to privacy has been violated, the company can discipline him based on the information that it gets from Leslie, Wanda and Eileen.
There are many examples of police misconduct. Explain at least two reasons that could cause an honest officer to violate the law
Answer:
Usually, the police tend to respect the rights of citizens and behave according to the rules of their profession, without overreaching and protecting citizens and their rights.
But on some occasions, police officers can overstep their roles and violate some constitutional rights of citizens, whether conscientiously or not.
In the latter case, the police often overstep their duties without the intention of doing so, but as a consequence of the situations to which they are exposed. Thus, for example, more than once a police officer has mistakenly shot a suspect who was in the middle of a persecution operation or at a crime scene, or even many times the police have arrested people who were not committing any crime, just for the simple fact of being suspicious.
Law is a practical discipline; theory has no place in law. With specific reference to the law of contract, discuss.
sorry....too complex for a non law student
Oscar owns a bulldog. Another dog owner filed a lawsuit against Oscar alleging that his bulldog injured her pet poodle in a dog park fight. Despite evidence that his bulldog was not present at the dog park when a dogfight broke out, the jury found Oscar liable for injuries caused to the poodle. Based on these facts, Oscar has the legal option to do which of the following?
A. Make a peremptory challenge (has to do with a juror).
B. File a motion or a judgement notwithstanding the verdict.
C. Motion that the court nullify the verdict based on res judicata (no this has to do with not refiling the case.
In the case of Fletcher v. Peck the Supreme Court:
a. supported the arguments of the state.
b. could not rule on the constitutionality of state laws.
c. upheld legislative fraud impaired contracts.
d. upheld the sanctity of contracts.
Answer:
d. upheld the sanctity of contracts.
Explanation:
The case was caused by the fraudulent nature of the Yazoo land sale in Georgia. In 1795, lawyers in Georgia agreed to sell the Yazoo land to about four companies. John Peck was among those who acquired a part of the Yazoo lands. On reselling the land to Robert Fletcher some years later, it was discovered that the Yazoo Land Act had been repealed because the lawyers involved were bribed. Fletcher thus argued in court that because the original Act had been repealed, John Peck had no right to sell the land.
When the case was brought to the United States Supreme court, the judges unanimously upheld the sanctity of contracts stating that the contract was binding despite the fraudulent activities of the lawyers involved. Therefore, the Georgian state did not have the powers to invalidate a contract that had legal backing.
Pure Oil Company enters into a contract with QuikBilt, Inc., to construct an oil pipeline to withstand specific conditions. If QuikBilt fails to meet this standard, which is construed as a breach of contract and a breach of a duty of care, Pure might be awarded punitive damages to
Options are:
A. establish, as a matter of principle, that QuikBilt acted wrongfully.
B. Pure with funds for a foreseeable loss beyond the contract.
C. Pure with funds for its loss of the bargain.
D. Punish QuikBilt and deter others from similar acts
Answer:
D. Punish QuikBilt and deter others from similar acts
Explanation:
Punitive Damages, often used in a law of tort, when the jury considered the acts of the tortfeasor or defendant to be either intentional, malicious, fraudulent, or violent in nature, and it is designed to do the following:
1. punish a defendant or tortfeasor and
2. discourage further such acts by the defendant or tortfeasor and others.
Therefore, in this case, if QuikBilt fails to meet the agreed standard, which is construed as a breach of contract and a breach of a duty of care, Pure might be awarded punitive damages to punish QuikBilt and deter others from similar acts. Because such acts is deemed malicious, fraudulent and intentional.
93. Fibromyalgia is a condition that affects muscles and the points where the attach to
bones, creating tender points in the body that are more sensitive to pain and touch
causes body-wide pain fatigue, stiffness, resless sleep and psychological distress.
(A) True
(B) False
True or false
In order for people to get what they heed and want they have to break
work.
Answer:
the answer is false not true
Paralegal Sam carelessly performs legal research by failing to update a court’s decision to find out if the state court of appeals or state supreme court reversed the decision that he found. This is an example of a breach of which ethical rules?
Answer: Competence and Diligence
Explanation:
Competence: It’s expected of a lawyer to provide competent representation to a client.
Diligence: It’s required of a lawyer to act with reasonable diligence and promptness when representing a client.
What Competence represents here is having the required legal knowledge, skill, thoroughness and preparation required to represent a client. And diligence is carrying out a proper and detailed research while representing the client.
Ms. Ramos is not so much interested in simply meeting targets, she wants a fully-diversified organization. This parallels our text discussion of the distinction between law and ethics. If the firm's leadership had a goal to meet the targets, what term does our book have for this approach
Answer:
The options are
A. Minimum acceptable behavior
B. Unethical behavior
C. Code of conduct
D. Corporate social responsibility
E. Generally accepted principle
The answer is A. Minimum acceptable standard
Explanation:
The term which the book has for the approach is having a minimum acceptable standard which is defined as the least accepted quality of a product or service.This is because of the approach being acceptable within the jurisdiction of the law.
Ms Ramos may however be unsure about the ethical standard of the approach used in this context.
Jose and Cesar, both Hispanic, are carpenters employed by a contractor to help build an office building in Maryland. While working, Jose and Cesar discover that they are being paid less than non-Hispanic employees. In addition, they allege a hostile work environment and discriminatory terms and conditions of employment, including anti-Hispanic statements by managers and employees, segregated eating areas, and an "English-only" rule imposed by the contractor. Jose and Cesar sue for race discrimination. Will they win? [Aleman v. Chugach Support Services, 485 F.3d 206 (4th Cir. 2007).]
Answer:
Yes, they have a good case and a high chance of winning.
Explanation:
(1). "Jose and Cesar discover that they are being paid less than non-Hispanic employees"
From the statement above; that is NUMBER ONE EVIDENCE in which their salary or wage rate is different and not only that it is lesser than the other non-Hispanic workers which means that the employers and managers are biased and they are engaging in racial discrimination.
(2). "they allege a hostile work environment and discriminatory terms and conditions of employment, including anti-Hispanic statements by managers and employees, segregated eating areas, and an "English-only" rule imposed by the contractor. "
This is the SECOND EVIDENCE OF RACISM(RACIAL DISCRIMINATION).
CONCLUSION: According to Title VII Civil Rights Act of 1964, employers should not and must not discriminate (base on gender, race, and many more) among their employees. All employees should have the same and equal rights.
A collision occurs every
Answer:
A collision occurs every 6 seconds.
A collision occurs every 6 seconds
Which biological factors may increase risk for aggressive or illegal behavior?
what should I do today
Answer:
sumthin fun
Explanation:
have a kkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkk day
Answer:
Do something you will not regret, hang out with friends or spend time outside
Explanation:
Have fun!
The plain view doctrine refers to the power of law enforcement to seize any contraband materials that are in plain view, even if the officers don't have a specific warrent for them. Consider the case when during a warrant house search, the law enforcement officers are looking for evidence of a digital crime involving credit card fraud. While in the house, they find no evidence of credit card fraud or any other crime that involves credit cards. While looking around they found various pirated movies and DVD duplication equipment. Can they seize this equipment and arrest the owners
Answer: Yes, they can seize the equipment and arrest the owners.
Explanation:
Under the plain view doctrine, the law enforcement officers may seize illegal contraband even without a warrant when it's observed in an officer's plain view. The officer must legally be allowed to be there, and the officer must have probable cause to believe that the seized objects relate to criminal activity.
In this scenario, while looking around the house,if they found various pirated movies and DVD duplication equipment, they can seize the equipment and arrest the owners. Piracy is theft. The officers found t pirated movies and DVD duplication equipment. Downloading a film or copying a movie without paying is a breach of copyright.
66. The first thing you should do if you are exposed to blood or body fluids is:
(A) Wash needle sticks and cuts with soap
and water
(B) Flush splashes to the nose, mouth, or skin with water.
(C) Irrigate eyes with clean water.
(D) All of the above, depending on the area of the body exposed.
67. There is a vaccine against HIV.
(A) True
(B) False
68. Most exposures lead to HIV infection.
(A) True
(B) False
69. People may need short-term oxygen therapy for asthma, pneumonia, bronchitis, seu
allergies.
(A) True
(B) False
70. If a fire occurs, oxygen should be turned off immediately.
(A) True
(B) False
Answer:
66. (D)
67. (B)
68. (B)
69. (A)
70. (B)
I hope they're all right. Good luck.
