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!
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.
(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.
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.
A collision occurs every
Answer:
A collision occurs every 6 seconds.
A collision occurs every 6 seconds
Being a safe driver requires____
Answer:
The five abilities required for being a safe driver are: search, identify, predict, decide, and execute. You can avoid situations leading to road rage by: not cutting off other drivers.
Explanation:
Well...My father told me and he is a lawyer.
Description:
Being a safe driver requires a frame of mind focused on safety. It does require knowledge but the main part is your safety.
Key words:
1: Safety
2: Knowledge
3: Focused
Answer: A frame of mind focused on safety
Please mark brainliest
Hope this helps.
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
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.
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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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.
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.
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.
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
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.
There are
colors used to produce seven different types of traffic signs,
a) 7
b) 8
c) 9
d) 10
Answer:a 7
Explanation:
The correct statement will be that there are seven different types of colors used to denote the different types of traffic signs. So, the correct option that matches the statement above is A.
The seven different colors used are the colors which are primary in nature as they are considered to be the brightest colors and help the drivers and people on roads to identify the traffic conditions.
The main three colors used for denoting the traffic signals are Red, Yellow and Green where Green signs to commute, Yellow denotes to turn on the ignition and the red denotes to stop at the signal.However there are four other colors out of the colors of the rainbow that are used for denoting different signals of the traffics. The other four colors being Violet, Indigo, Blue and Orange.The reason that these colors are used to denote the traffic signs is because these colors travel the farthest and enable the drivers to identify the traffic sign from a further distance.Hence, the correct option is A that there are seven different colors used to denote the different types of traffic signs.
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In 2009 one person died every blank minutes from impaired driving in the United States
Answer:
Every 48 minutes
Explanation:
Which biological factors may increase risk for aggressive or illegal behavior?
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:
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.
Every law enacted under the Necessary and Proper Clause must meet what four requirements?
Answer:
The Necessary and Proper Clause, sometimes called the “coefficient” or “elastic” ... to enact legislation necessary
The Necessary and Proper Clause, also known as the "coefficient" or "elastic" Clause to enact necessary legislation.
What laws were passed under the Necessary and Proper Clause?The Necessary and Proper Clause licensed the representation of almost all laws acting the instrumentation of government, as well as meaningful laws amounting from anti discrimination laws to labor laws. This Clause could be the most essential part of the Constitution.
Thus, The Necessary and Proper Clause, also known as the "coefficient" or "elastic" Clause.
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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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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!
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.
what is a recent example of gender based violence
Answer:
female harrasment
Explanation:
an example of gender based violence is female harrasment
Based on the facts of the previous question, Jay stays in the hospital for a few days as he is recuperating. Then, a couple of weeks after he gets released from the hospital, Jay receives a bill from the hospital for $10,000 for his medical care. If this went to court, the judge would probably describe this situation as:________.
a. a bilateral contract, enforceable against Jay.
b. a unilateral contract, enforceable against Jay.
c. an implied contract, enforceable against Jay.
d. no contract at all. Jay should not have to pay anything.
Answer: c. an implied contract, enforceable against Jay.
Explanation:
An Implied contracts is usually between physician and a patient this contracts do not state the course of action or payment at the start or inception of the service. Example, a medical examination usually takes place the moment a patient's request for it, this tests are usually either at the patients home or at the medical facility where the doctor practices. After the examination a course of action or payment is decided. Same applies to Jay after been treated and discharged from the hospital a course of action or payment may be made.
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.
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.
Explain the concept of "field training" for police officers. When does it begin and what is the primary purpose for the training?
Answer:
"Field Training" is usually hosted after the Police Academy. For example if you take a look at the Los Angeles Police Department the officers in training are long sleeves with neckties. They are to be at a close watch of a T.O (Training Officer) which means that the T.O is to supervise them during a 10-95 (Traffic Stop), 10-32 (Backup Required) calls and evaluating their Code-3 (Lights and Siren) response. If there are shots fired during the course of the Field Training the Trainee is to act as a full rank officer and begin assisting and protecting him/herself and the Training Officer.
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.
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.
what is the ideology of democracy?
cual es la ideología de la democracia?
